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HomeMy Public PortalAbout081-2006 Aviation Butler Fairman & Seufert Runway 6-24AGREEMENT THIS AGREEMENT is made and entered into, 2006, by and between CITY OF RICHMOND BOARD OF AVIATION COMMISSIONERS, acting by and through its proper officals, hereinafter referred to as the LOCAL PUBLIC AGENCY or LPA, and BUT g BUTLER, FAIRMAN and SEUFERT INC. INDIANAPOLIS INDIANA, (hereinafter referred to as the CONSULTANT"). WITNESSETH WHEREAS, the LPA desires to contract for preparation of bidding and contract dO cuments for the final construction phase of a rehabilitation asphalt overlay of runway 6-24 d WHEREAS, the CONSULTANT has expressed a willingness to design prepare bid documents plans, specifications for the rehabilitation asphalt overlay of runway 6-24; and WHEREAS, the parties have agreed to that the CONSULTANT shall provide the services and documents described herein, in relation to the following described proiect(s): Project: Overlay Runway 6-24 Phase 4 Paving NOW THEREFORE, in consideration of the following mutual covenants, the parties p hereto mutually covenant and agree as follows: SEC----CTION I SERVICES BY CONSULTANT The services to be provided by the CONSULTANT under this Agreement are set out in Appendix "A", attached to this Agreement, and made an integral part hereof. SEC---CTION 11 INFORMATION AND SERVICES TO BE FURNISHED BY LPA The information and services to be furnished by the LOCAL PUBLIC AGENCY are set out in Appendix "B", attached to this Agreement, and made an integral part hereof. Contract No. 81-2006 Page 1 of 16 SECTION 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 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 date of the notice to proceed. SECTION IV COMPENSATION The CONSULTANT shall receive payment for the work performed under this Agreement as set forth in Appendix "D", attached to this Agreement, and made an integral part hereof. SECTION V GENERAL PROVISIONS Work Office The CONSULTANT shall perforni the work under this Agreement at the following office(s): airport and at Butler. Fai ianapol 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. 2. Employment During the period of this Agreement, the CONSULTANT shall not engage, on a full or part time or other basis, any LPA personnel who remain in the employ of the LOCAL PUBLIC AGENCY. SECTION VI SPECIAL PROVISIONS EXHIBITS AND SCHEDULES REQUIRED FEDERAL CLAUSES for PROFESSIONAL SERVICES CONTRACTS. 1 Airport and Airway Improvement Act of 1982 Section 520 General Civil Rights Provisions (Version L 1/5/90) Page 2 of 16 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 Requirements Version l 1 /5/90 . 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 part of this Contract. 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. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix "B" of the Regulations. Page 3 of 16 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 penmit 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 and instructions. 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 certify the LPA or the Federal Aviation Administration 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 Federal Aviation Administration 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 every subcontract, including procurements of 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 16 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, however, that, in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the CONSULTANT may request the LPA and, in addition, the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. 3. DBE Required Statements - 49 CFR Part 23 (Version 1 1/5/90) a. CONSULTANT'S Responsibilities - The CONSULTANT shall agree to the below stated Department of Transportation policy and disadvantaged business enterprises obligation and 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 the performance of contracts financed in whole or in part with 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 the performance of contracts financed in whole or in part with Federal funds provided under this agreement. In this regard all recipients or CONSULTANTS shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their CONSULTANTS all not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. Paoc 5 of 16 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 FAA, and the Comptroller General of the United States shall have access to any books, documents, paper, and records of the CONSULTANT which are directly pertinent to the specific contract for the purposes of making an audit, examination, excerpts, and transcriptions. The CONSULTANT shall maintain all required records for three years after the LPA makes final payment and all other pending matters are closed. 5. Rights to Inventions - 49 CFR Part 18 (Version l 1/5/90) All rights to inventions and materials generated under this contract are subject to regulations issued by the FAA and the LPA of the Federal grant under which this contract is executed. Information regarding these rights is available from the FAA and the LPA. 6. Breach of Contract Teens 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 CONSULTANT or SUBCONSULTANT 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 I 1 /5/90) The CONSULTANT or SUBCONSULTANT, by submission of an offer and/or execution of a contract, certifies that it: Pa0e 6 of 16 a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate 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 with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; 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 accordance with 49 CFR 30.17, no contract shall be awarded to a CONSULTANT or SUBCONSULTANT who is unable to certify to the above. If the CONSULTANT knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through 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 and in all lower tier subcontracts. The CONSULTANT 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 CONSULTANT learns that its certification or that of a SUBCONSULTANT was erroneous when submitted or has become erroneous by reason of changed circumstances. The SUBCONSULTANT 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 was placed when making the award. If it is later determined that the CONSULTANT or SUBCONSULTANT knowingly Page 7 of 16 rendered an erroneous certification, the Federal Aviation Administration may direct through the LPA cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a CONSULTANT is not 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 of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. 8. Certification Regarding Debarment Suspension, Ineligibility,and Voluntary Exclusion - 49 CFR Part 29 (Version 1 1/5/90) The CONSULTANT certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the CONSULTANT or any lower tier 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 at any time, either for the LPA's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the LPA. Page 8 of 16 b. If the termination is for the convenience of the LPA, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. 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 termination for failure to fulfill contract obligations, it is determined that the CONSULTANT has not so failed, the termination shall be deemed to have been effected for the convenience of the LPA. In such 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 any other rights and remedies provided by law or under this contract. 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 Page 9 of 16 IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement. CONSULTANT BUTLER, FAIRMAN and SEUFERT, INC nature ohn W. Brand, P.E. President (Print or type name and title) Date: LOCAL PUBLIC AGENCY CITY OF RICHMOND, INDIANA by and through its BOARD OF AVIATION COMMISSIONERS r BY: A runs, President Date: APPROVED: ATTEST: _ Date Signature Stephen F. Weintraut, RE Executive Vice -President (Print or type name and title) Date: Page 10 of 16 May r Sarah L. Hutton 1- 9 ACKNOWLEDGMENT STATE OF INDIANA ), COUNTY OF WAYNE )SS: Before Me, The Undersigned Notary Public In And For Said County Personally Appeared The Honorable Sallv Hutton Ma or of the City of Richmond and Mel Bruns President and Mike Nocton, Secretgy of the City of Richmond Board of Aviation Commissioners and each acknowledged the execution of the foregoing contract on this day of 2006, and each acknowledged and stated that he/she is the party authorized by the said agency to execute the foregoing contract My Commission Expires County of Residence ?7�'V- Z e, , / �� —/ ate, Notary Public 1^761/1y Print or type name ACKNOWLEDGMENT STATE OF INDIANA ), COUNTY OF MARION )SS: Before me, the undersigned Notary Public in an for said County personally appeared John W. Brand P.E. President and Stephen F. Weintraut P.E.Executive Vice -President (name of signers, their official capacity and agency name) of Butler Fairman and Seufert, Inc. and each acknowledged the execution of the foregoing contract on thiso -�0 day of ©C-10� o ✓ 2006, and each acknowledged and stated that he/she is the party authorized by the said agency to execute the foregoing contract. My Commission Expires a-004 COO AT y County of Residence Notary Public /-O f/-a S. /)%r Print or type name Page 1 1 of 16 CERTIFICATE OF CONSULTANT I hereby certify that I am the President and duly authorized representative of the fine of Butler, Fainnan and Seufert Inc. whose address is 8450 Westfield Boulevard Suite 300 Indianapolis, Indiana 46240, and that neither I nor the above firm I here represent has: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any finn or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this Agreement, (b) agreed, as an express or implied condition for obtaining this Agreement, to employ or retain the services of any firm or person in connection with carrying out the Agreement, or (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contributions, donation, or consideration of any 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 any member of their immediate families of this firm is employed or retained either full or part-time, 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 of Transportation and/or the Federal Aviation Administration - Department of Transportation in connection with this Agreement involving participation of Federal funds, and is subject to applicable State and Federal Laws, both criminal and civil. h 1 Zor• 0 ( Date) W . (Signature) John W. Brand, P.E. Page 12 of 16 CERTIFICATE OF LOCAL PUBLIC AGENCY (4) (We) hereby certify that ( ) (we are) the Board of Aviation Commissioners (tile) 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): (-I-) (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 in any manner by the LPA except as herein expressly stated (if any): (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 involving participation of the Federal funds, and is subject to applicable state and Federal laws, both criminal and civil. i (Date) 1JhuM4_) Me'l kruns,.Pres-ident-, . ,' The Honorable Sally Hutton, Mayor Page 13 of 16 NON -COLLUSION AFFIDAVIT STATE OF INDIANA ) ) SS: COUNTY OF MARION ) The undersigned, being duly sworn on oath, says that he/she is the contracting party, or, that he/she is the representative, agent member, or officer of the contracting party, that he/slle has not, nor has any other member, employee, representative, agent, or officer of the fine, company, corporation or partnership represented by him/her, directly or indirectly, entered into or offered to enter into any combination, collusion or contract to receive or pay, and that he/she has not received or paid, any sum of money or other consideration for the execution of the annexed Agreement other than that which appears upon the face of the Agreement. /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 17006" u). &0,6 , who acknowledged the truth of the statements in the foregoing affidavit on this Q-5-f4 day of QG-kGP r 2006. My Commission Expires -�9 a?o1-3 4NotaPu 'c Radr., CA co J n � y 4 d la f • %%%O County of Residence T---- Print or type name Ly Page 14 of 16 DEBARMENT CERTIFICATION This certification applies to the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer, principal investor, project director, manager, auditor, or any position involving the administration of Federal funds. hlstructions for Certification 1. By signing and submitting this Agreement, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation 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 later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to which this Agreement is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," lower tier covered transaction," "participant," "person," "primary covered transacti " on," "principal," "proposal," and voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this Agreement is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this Agreement that should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this Agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction, provided by the department or agency entering into this covered transaction without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may relay upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction unless it knows that the certification is erroroneous. A participant may decide the method and frequency by which it determined the eligibilty of its principals. Each participant may, but is not required to, check the Nonprocurement List. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Page 15 of 16 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment Suspension and other Responsibility Matters - - Primary Covered Transactions (1) The prospective primary participant certifies to the best if its knowledge and belief, that it and its principals: (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 commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) 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 criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (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 prospective primary participant is unable to certify to any of the statements in this certificati ch Lprospective c ant shall attach an explanation to this proposal. ' President (Si ature) (Title) John W. Brand P.E. (Printed or Typed) Butler Fairman and SeufertInc. (Company) Before me, a Notary Public in and for said County and State personally appeared A C1, who swore to and acknowledged the truth of the statements in the foregoing Certification on this O7.Sday of OC 7Gbe* My Commission Expires 6-19-QOI3 I -Act r/Oh Co Jn County of Residence 2006. /-Q d ro ,T . %%%e !`9 r, Print or type name Page 16 of 16 APPENDIX "A" RICHMOND MUNICIPAL AIRPORT OVERLAY RUNWAY 6-24 PHASE 4 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 the Agreement made on 2006 between CITY OF RICHMOND BOARD OF AVIATION COMMISSIONERS (LPA) and BUTLER, FAIRMAN and SEUFERT, INC., (CONSULTANT) providing for professional engineering services. 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. 1.1.2 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 shall have no responsibility for the safety of 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 any person, including employees of contractors, or to comply with laws, rules, regulations, ordinances, codes or orders applicable to contractors' performance of the work. After authorization to proceed, the CONSULTANT shall: 1•2 Project Administration. 1.2.1 Prepare, submit and coordinate grant application documents only for one FAA Airport Improvement Program and one State of Indiana Airport Development grant processing relative to the Basic Services. Any other grant work can be added in accordance with paragraph 2. Changes in Work. Page 1 of 3 APPENDIX "A" RICHMOND MUNICIPAL AIRPORT OVERLAY RUNWAY 6-24 PHASE 4 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 the Agreement made on 2006 between CITY OF RICHMOND BOARD OF AVIATION COMMISSIONERS (LPA) and BUTLER, FAIRMAN and SEUFERT, INC., (CONSULTANT) providing for professional engineering services. 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. 1.1.2 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 shall have no responsibility for the safety of 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 any person, including employees of contractors, or to comply with laws, rules, regulations, ordinances, codes or orders applicable to contractors' performance of the work. After authorization to proceed, the CONSULTANT shall: 1.2 Project Administration. 1.2.1 Prepare, submit and coordinate grant application documents only for one FAA Airport Improvement Program and one State of Indiana Airport Development grant processing relative to the Basic Services. Any other grant work can be added in accordance with paragraph 2. Changes in Work. Page 1 of 3 1.3 Final Design and Contract Document Phase. 1.3.1 As Basic Final Design and Contract Documents Phase Services: 1.3.1.1 Consult with the LPA to clarify and define the LPA's requirements for the Project and review available data. 1.3.1.2 Advise the LPA as to the necessity of the LPA's providing or obtaining from others additional data or services, and assist the LPA in obtaining such data and services. 1.3.1.3 Prepare for incorporation in the Contract Documents final drawings to show the general scope, extent and character of the work to be furnished and performed by Contractor(s) (hereinafter called Drawings) and Specifications, which will be prepared in conformance with the sixteen division format of the Construction Specifications Institute or the Federal Aviation Administration Advisory Circular 150/5370- 10 "Standards for Specifying Construction of Airports". 1.3.1.4 Advise the LPA of any adjustments to the latest opinion of probable Total Project Costs caused by changes in general scope, extent or character or design requirements of the Project or Construction Costs. Furnish to the LPA a revised opinion of probable Total Project Costs based on the Drawings and Specifications. 1.3.1.5 Prepare for review and approval by the LPA, LPA's legal counsel and other advisors Contract Agreement Forms, General Conditions and Supplementary Conditions and (where appropriate) Bid Forms, Invitations to Bid and Instructions to Bidders and assist in the preparation of other related documents. 1.3.1.6 Furnish five copies of the above documents and of the Drawings and Specifications and present and review them in person with the LPA. 1.3.2 As Special Final Design and Contract Documents Phase Services: Page 2 of 3 1.3.2.1 Prepare "Safety and Sequencing Plan" in accordance with the Federal Aviation Administration guidelines. 1.3.2.2 Provide and submit to the Federal Aviation Administration the forms and documentation necessary for an airspace determination of no hazard for the constructed work. 1.4 Bidding or Negotiating Phase. 1.4.1 Assist the LPA in advertising for and obtaining bids or negotiating proposals for each separate prime contract for construction, materials, equipment and services; and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre -bid conferences and receive and process deposits for Bidding Documents. 1.4.2 Issue addenda as appropriate to interpret, clarify or expand the Bidding Documents. 1.4.3 Consult with and advise the LPA as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the prime contractor(s) (herein called "Contractor[s]") for those portions of the work as to which such acceptability is required by the Bidding Documents. 1.4.4 Consult with the LPA concerning and determine the acceptability of substitute materials and equipment proposed by Contractor(s) when substitution prior to the award of contracts is allowed by the Bidding Documents. 1.4.5 Attend the bid opening, prepare bid tabulation sheets and assist the LPA in evaluating bids or proposals and in awarding and assembling contracts for construction, materials, equipment and services. 2. CHANGES IN WORK 2.1 In the event that either the LPA or the CONSULTANT determine that a major 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 OVERLAY RUNWAY 6-24 PHASE 4 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 the Agreement made on , 2006 between CITY OF RICHMOND BOARD OF AVIATION COMMISSIONERS (LPA) and BUTLER, FAIRMAN and SEUFERT, INC., (CONSULTANT) providing for professional engineering services. 1. The LPA shall, within a reasonable time, so as not to delay the services of the CONSULTANT: 1.1. Provide full information as to CONSULTANT's requirements for the Project. 1.2. Assist the CONSULTANT by placing at CONSULTANT's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 1.3. Guarantee access to and make all provisions for the CONSULTANT to perform CONSULTANT's services under this Agreement. 1.4. Give prompt written notice to the CONSULTANT whenever the LPA observes or otherwise becomes aware of any defect in the Project. 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 Project, including easement and right-of-way descriptions, property surveys and boundary surveys. 1.8. Furnish to the CONSULTANT, as requested by the CONSULTANT or as required by the Contract Documents, data prepared by or services of others, including exploration and tests of subsurface conditions at or contiguous to the site, drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site. Page 1 of 1 APPENDIX "C" RICHMOND MUNICIPAL AIRPORT OVERLAY RUNWAY 6-24 PHASE 4 PAVING SCHEDULE OF SERVICES TO BE FURNISHED BY THE CONSULTANT This is an Appendix attached to, made a part of and incorporated by reference with the Agreement made on 2006 between CITY OF RICHMOND BOARD OF AVIATION COMMISSIONERS (LPA) and BUTLER, FAIRMAN and SEUFERT, INC., (CONSULTANT) providing for professional engineering services. This Agreement will become effective upon the first written notice by the LPA authorizing services hereafter. 2. This Agreement shall be applicable to all assignments authorized by the 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 expeditiously 4. Performance time after authorizations to proceed with the Basic Services shall be completed as follows: a. For Final Design and Contract Document Phase within 2 months from the time of authorization. b. For Bidding or Negotiating Phase within 1 month after Final Design and Contract Document Phase is complete. c. The outside date for completion of all services shall be within the calendar year 2007. Page 1 of 1 APPENDIX "D" RICHMOND MUNICIPAL AIRPORT OVERLAY RUNWAY 6-24 PHASE 4 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 , 2006 between CITY OF RICHMOND BOARD OF AVIATION COMMISSIONERS (LPA) and BUTLER, FAIRMAN and SEUFERT, INC., (CONSULTANT) providing for professional engineering services. 1. Methods of Payment for Services and Expenses of the CONSULTANT: 1.1. For Basic Services, under Appendix A, the LPA shall pay the CONSULTANT for services of the CONSULTANT's principals and employees engaged directly on the Project, as follows: 1.1.1. For Services under Appendix A paragraph 1.2 the lump sum amount $5, 700.00. 1.1.2. For Services under Appendix A paragraph 1.3.1 the lump sum amount $8, 300.00. 1.1.3. For Services under Appendix A paragraph 1.3.2 the lump sum amount $3,100.00. 1.1.4. For Services under Appendix A paragraph 1.4 the lump sum amount $6,100.00. 1.2. 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. 1.3. For Additional Services. The LPA shall pay the CONSULTANT for Additional Services rendered under Appendix "A" Paragraph 2 "Changes in Work" as follows: 1.3.1. For Additional Services of the CONSULTANT's principals and employees engaged directly on the Project, at the direct 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. 1.3.2. In the event the project duration varies by more than 20 percent from the originally estimated project duration, the Page 1 of 2 CONSULTANT and the LPA may negotiate a mutually agreed upon fee adjustment. 1.4. For Reimbursable Expenses. In addition to payments provided for in Paragraphs 1.1. through 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: 1.4.1. For Subsistence $ 0.00 1.4.2. For Travel $ 612.00 Page 2 of 2