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HomeMy Public PortalAbout165-2013 - Sanitary - American Structure Point Inc - Engineering Services for Basin investigationPROFESSIONAL SERVICES AGREEMENT rN THIS AGREEMENT made and entered into this 2 b day of /v oUEMi3E~ , 2013 and referred to as Contract No.165-2013, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners and its Storm Water Management Board (hereinafter referred to as the "City") and American Structurepoint, Inc., 7260 ShadeIand Station, Indianapolis, Indiana 46256 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide professional engineering services with regard to City's CSO 005 and 006 basin investigation project. The Proposal of Contractor is attached hereto as Exhibit "A," consisting of three (3) pages, Exhibit "B, " consisting of two (2) pages, and Appendix 1, consisting of three (3) pages, all of which is hereby incorporated by reference and made a part of this Agreement. Contractor shall perform the work and provide the services described on Exhibit "A." Should any provisions, terms, or conditions contained in any of the documents attached hereto as Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. Contractor shall perform all work herein in a timely manner, conforming to all applicable professional standards. The Contractor shall furnish all labor, material, equipment and services necessary for the proper completion of all work specified. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance and/or warranties; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11(a)(2);and 3. A purchase order has been issued by the Purchasing Department. SECTION II. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the work. SECTION III. COMPENSATION City shall pay Contractor fees as set forth in Appendix 1 (unit price tasks and hourly rate tasks, including mileage) in a total amount not to exceed Four Hundred Eight Thousand Eight Hundred Fifty -Six Dollars and Seventy -Four Cents ($408,856.74) for the complete and satisfactory performance of the work required hereunder. Contract No.165-2013 Page 1 of 6 SECTION W. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until the completion of the project. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: a. failure, for any reason, of the Contractor to fulfill in a timely manner and/or competent manner its obligations under this Agreement, b. submission by the Contractor to the City of reports that are incorrect or incomplete in any material respect; c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make prorated payment for all work performed prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein. This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties by setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage, loss, or cost to the extent it arises from damage or injury to person or property caused by the Contractor's willful misconduct or negligent performance of its services under this Agreement; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coverage Limits A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability $100,000 Page 2 of 6 C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage E. Comprehensive Umbrella Liability $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence $1,000,000 each person $1,000,000 each occurrence $1,000,000 each occurrence $1,000,000 each occurrence $1,000,000 each aggregate F. Malpractice/Errors & Omissions Insurance $1,000,000 each claim $2,000,000 each aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. Page 3 of 6 SECTION VIII. IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22- 16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. SECTION IX. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub -contractor, or any person action on behalf of Contractor or any sub -contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by the City and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. Page 4 of 6 SECTION X. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability which may arise as a result of Contractor's performance of its obligations pursuant to this Agreement. This Agreement is personal to the parties hereto and neither parry may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained herein. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit arising out of this Contract must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. Any person executing this Contract in a representative capacity hereby warrants that he/she has been duly authorized by his or her principal to execute this Contract. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees. In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. Page 5 of 6 IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Sanitary Commissioners By: - - Sue Miller, President Gil Klose, Vi President . z 6 � �06-: �-� reg Stiens, Member Date: / ,;z —IO THE CITY OF RICHMOND, INDIANA by and through its Storm Water Management Board By: Stephanie Hays -Musson, President lef e"Xf 1.11 Gil Klose, POf6ber Sue Miller, Member Date: Z l b 3 APPROVE Sarah L. Hutton, Mayor Date: /'�- / 13 / J,? "CONTRACTOR" AMERICAN STRUCTUREPOINT, ILN Prii Title: vtc5 aeestgo- IFAP-tea_ Date: 17-11'J3 Page 6 of 6 This is EXHIBIT A, consisting of 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services. Engineer's Services Article 1 of the Agreement is amended and supplemented to include the following agreement of the parties. Engineer shall provide Basic and Additional Services as set forth below. PART 1— BASIC SERVICES A2.01 Study and Report Phase A. Engineer shall: 1. Consult with Owner to define and clarify Owner's requirements for the Project and available data. 2. Advise Owner of any need for Owner to provide data or services of the types described in Exhibit B which are not part of Engineer's Basic Services. 3. Public Information a. Prepare weekly smoke notice .maps for Owner's use in distributing notices to residents. b. Prepare daily smoke testing maps and lists for email distribution to fire, police, public works, sanitary district and mayor's office. c. Develop a bilingual smoke notice for the project and provide the document to Owner for distribution to residents. Provide weekly maps to Owner for their use in delivering the smoke notices. 4. Collect and review existing data a. GIS shape files, quarter section sewer maps, as-builts: review and compare to find conflicting information that may require additional field research. GIS files will be used to manage and'transmit data. b. Manhole and sewer line inspection reports 5. Field Investigation a. Write structure number on all structures in the field to ensure data consistency between field crews. b. With Owner input, develop a system for numbering structures that are found during the field investigation. c. Survey all found manholes and inlets using survey grade GPS equipment to establish the horizontal location and rim elevation of the structure. Each structure will have its location established twice at least 4 hours apart to obtain better accuracy. Horizontal and vertical control shall be set in the project area utilizing local established benchmarks. The information will be input into the GIS database. Deliverables include 201301991 Page 1 of Pages GIS Shapefiles for manholes and controls and CSV files will be generated and delivered. d. Perform a modified Level I inspection of each manhole to determine if it should receive further inspection due to condition or observed M. Note manhole material, pipe diameter, depth, direction, and material, and calculate invert, e. Perform a Modified Level 1 inspection on each found inlet/catch basin. Note structure material, pipe material, diameter, depth and direction. £ Inspect manholes by descent if it is needed to determine connectivity or to observe pipe connections which are not visible from the surface. g.. Determine connectivity between structures 1) Utilize smoke testing to determine connectivity between catch basins and inlets and main line sewers as well as between manholes. 2) Where smoke testing cannot be utilized or results are inconclusive, utilize televising with or without dye testing to confirm connections between manholes and between inlets and catch basins and mainline sewers. 3) Draw GIS shapefiles to show the actual connectivity between structures as determined by the field investigation. Pipe segments will be drawn to represent direction of flow. h. Determine connectivity between buildings and sewer lines 1) Utilize smoke testing to determine if a building is connected to a specific sewer line by observing smoke leaving through the plumbing roof vent. 2) Utilize dye testing and televising to confirm connection of building to sewer line if a positive smoke test is not achieved. 3) Draw laterals in the GIS database, on an individual layer, to illustrate to which sewer each building is connected. If the actual location of the lateral is determined by televising, the data will be entered into the GIS database showing the actual location. For laterals confirmed by smoke testing, the lateral will be placed at the center of the building. 4) A note will be placed in the GIS database the method of connectivity determination (smoke or dye & televise) i. Determine inflow defects 1) Identify and quantify inflow defects which are observed during smoke testing. Defect location will be identified .by a GPS point and the type of defect and estimated quantity of inflow will be input into the GIS database. 6. Prepare a concise written report with exhibits for the sanitary connections to the combined sewer and inflow/infiltration defects. Data will be transmitted digitally including: 2013©1991 Page 2 of 3 Pages a. maps, tables and backup documentation indicating all sanitary connections that discharge into the combined sewer b. maps, tables and all backup documentation, indicating the location of inflow defects observed during the field investigations c. list of manholes that need to be inspected. d. updated Shapefiles and attribute tables for all pipes, laterals, and manholes. Manhole, survey data, sewer line video, and other field inspection reports will be linked to the GIS database. e. survey controls set in the field f. CSV file with survey data. 7. Perform or provide the following additional Study and Report Phase tasks or deliverables: a. Provide training on the District's GPS unit including creating customized data collection screens and transferring data to the District's GIS system. b. Provide Geodatabase schema modifications as requested by the District. S. Furnish 3 review copies of the Report and any other deliverables to Owner within. 156 calendar days of authorization to begin services and review it with Owner. Within 21 calendar days of receipt, Owner shall submit to Engineer any comments regarding the Report and any other deliverables. 9. Revise the Report and any other deliverables in response to Owner's comments, as appropriate, and furnish three copies of the revised Report and any other deliverables to the Owner within 21 calendar days of receipt of Owner's comments. B. Engineer's services under the Study and Report Phase will be considered complete on the date when the revised Report and any other deliverables have been delivered to Owner. 2©1301991 Page 3 of 3 Pages This is EXHIBIT B, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services Owner's Responsibilities Article 2 of the Agreement is amended and supplemented to include the following agreement of the parties. B2.01 In addition to other responsibilities of Owner as set forth in this Agreement, Owner shall at its expense: A. Provide Engineer with all criteria and full information as to Owner's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Owner will require to be included in the Drawings and Specifications; and furnish copies of Owner's standard forms, conditions, and related documents for Engineer to include in the Bidding Documents, when applicable. B. Furnish to Engineer any other available information pertinent to the Project including reports and data relative to previous designs, or investigation at or adjacent to the Site. C. Following Engineer's assessment of initially -available Project information and data and upon Engineer's request, furnish or otherwise make available such additional Project related information and data as is reasonably required to enable Engineer to complete its Basic and Additional Services. Such additional information or data would generally include the following: 1. GIS shapefiles of the collection systems, 2. GIS shapefiles related to building type (basement), addresses and owners 3. Quarter section maps (sewer maps) 4. As-builts for the collection system, to the degree they exist in the project area 5. Inspection reports and video tapes or video files pertinent to the study area 6. Data or consultations as required for the Project but not otherwise identified in the Agreement or the Exhibits thereto. D. Give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of the presence at the Site of any Constituent of Concern, or of any other development that affects the scope or time of performance of Engineer's services, or any defect or nonconformance in Engineer's services, the Work, or in the performance of any Contractor. E. Authorize Engineer to provide Additional Services as set forth in Part 2 of Exhibit A of the Agreement as required. F. Arrange for safe access to and make all provisions for Engineer to enter upon public and private property•as required for Engineer to perform services under the Agreement. Page 1 of_3_Pages 201301991 G. Examine all alternate solutions, studies, reports, sketches, Drawings, 'Specifications, proposals, and other ,documents presented by Engineer (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as Owner deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. H. Provide reviews, approvals, and permits from all governmental authorities having jurisdiction to approve all phases of the Project designed or specified by Engineer and such reviews, approvals, and consents from others as may be necessary for completion of each phase of the Project. I. Provide, as required for the Project: 1. Accounting, bond and financial advisory, independent cost estimating, and insurance counseling services. 2. Legal services with regard to issues pertaining to the Project as Owner requires, Contractor raises, or Engineer reasonably requests. 3. Such auditing services as Owner requires to ascertain how or for what purpose Contractor has used the moneys paid. J. Advise Engineer of the identity and scope of services of any independent consultants employed by Owner to perform or furnish services in regard to the Project, in but not limited to, cost estimating, project peer review, value engineering, and constructability review. . K. Provide Engineer with the findings and reports generated by the entities providing services to Owner pursuant to this paragraph. L. Perform or provide the following additional services: 1. Inlet and Catch Basin GPS locations as shapefiles (unless included in Engincer's scope of work) 2. Distribute smoke notices on a weekly basis to residents 3. Distribute daily smoke maps, provided by Engineer, via email to city departments 4. Provide traffic control when needed for Engineer's field crews 5. Clean sewers if needed to allow the television camera to pass -through 100 percent of the sewer. Page 2 of_3—Pages 201301991 This is Appendix 1, Engineer's Standard Hourly Rates, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services. Engineer's Standard Hourly Rates and Unit Prices A. Standard Hourly Rates: 1. Standard Hourly Rates are set forth in this Appendix 1 and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non -project operating costs, and operating margin or profit. 2. The Standard Hourly Rates apply only as specified in Paragraphs 7.01 and 7.02, and are subject to annual review and adjustment. B. Schedule of Hourly Rates: Hourly rates for services performed on or after the Effective Date are: Staff Category Hourly Rate Principal $230 Senior Engineer $170 Project Manager $180 Project Engineer $130 Staff Engineer $110 Senior Technician. $110 RPR $95 Inspector $85 Survey Crew Member $75 Re 'stered Land Surve or $130 C. Schedule of Unit Prices: Unit Prices in effect for services performed during this project are: task unit price Survey: Manholes with GPS $ 18.75 each Survey: Inlets with GPS $ 18.75 each Smoke test Storm $ 0.52 /In ft Smoke test Sanitary $ 0.42 /In ft Smoke test lateral mapping field work $ 0.19 /In ft Modified bevel 1 MH inspection $ 50.75 each Modified Level 1 Inlet inspection $ 14.75 each Televising no cleanin $ 247.00 /hour Dye Testin - Lateral $ 126.75/hour Descent MH inspection $ 130.00 each Appendix 1, Standard Hourly Pates Schedule 20130I991 EJCDC E-510 Short Form of Agreement Between Owner and Engineer for Professional Services. .Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. Pase 1 41 U m 41 .0 m M O E U cr LO O C7 C LM O O C r6 ca 0 u 'n a O � � o 0 o co co cN N d0 Ln 0 co Ln - tl? 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