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Home My WebLink AboutCarmel/A & F Engr/Traffic Signa ENGINEERING AGREEMENT~ FOR TRAFFIC SIGNAL DESIGN AND'CONSTRUCTION INSPECTION AT GRAY RD. & ll6th ST. BOARD OF. PUBLIC WORKS & SAFET~ CARMEL, INDIANA AND A & F ENGINEERING CO., INC. 5]60 EAST 65th ST. INDIANAPOLIS, INDIANA 46220 AGREEMENT THIS AGRE'EMENT, made'and entered into this f/ ~J day of fme , 1984! by. and between the Board'of Public Works and Safety, Ci 1, City Hail, Carmel, IN, hereinaftr ~eferred to as "CITY" and A ~ F Engineering Co., Inc., Consulting Engiqeers, hereinafter referred to as "ENGINEER". The term "ENGINEER" in this agreement shall mean the official name and quali- fied officers of A & F Engineering Co., Inc. Name of Consulting Engineer: A & F Engineering Co., Inc. Officers: Herbert T. Ayers, President William J. Fehribach, Vice President Office Address: 5160 East 65th Street Indianapolis, Indiana 4622~ WITNESSETH WHEREAS, the CITY desires to contract for Engineering Services required for the design of a traffic signal and inspection during construction] WHEREAS~ the ENGINEER has expressed a willingness to perform said services as desired by the CITY, ~ NOW, THEREFORE, the parties hereto agree that said ENGINEER shall provide the services and documents, hereinbefore and hereinafter described, in relation to the following intersection: Gray Rd. and ll6th St. 1 of 5 · ARTICLE 1 - SERVICES. BY ENGINEER The ENGINEER shall provide'engineering in accordance with the procedures 'and standards as indicated in the. Manual on Uniform Traffic Control Devices. 1.1 The ENGINEER will prepare a complete engineering design, including all ~plans, specifications, and other documents required to install a traffic signal at the intersection of Gray Rd. & ll6th St. 1.2 During t~e construction ~hase o~ the project the ENGINEER shall make period~ ic inspections as follows: 1.2.1 - Beginning of work by the Contractor to assist in the layout. 1.2.2 - When all underground conduit is in place, foundations dug and ready for concrete to be poured. 1.2.3 - When all equipment is in place and signal is ready to be turned on. 1.2.4 - Final inspection and acceptance. ARTICLE 2 - INFORMATION AND SERVICES TO BE FURNISHED BY CITY Assist the ENGINEER AS REQUIRED IN 'THE BEST INTEREST OF TNE CITY in order to Information and Services to be Furnished by the City as follows: 2.1 c6mpleie Design and Construction. ARTICLE 3 - NOTICE TO PROCEED AND SCHEDULE The ENGINEER shall not begin work prior to the date of the notice to pro- ceed and the work on this project shall then be completed as follows: 3.1 The design, special provisions, and specifications shall be completed with- .in 30 calendar days after receipt of the notice to proceed. ARTICLE 4 - COMPENSATION 4.1 The ENGINEER shall receive payment for the work performed under this Agrees merit the total fee not to exceed $4,400.00, unless a modification of the Agreeemnt is approved in writing by the CITY. 4.2 The Lump Sum Fee in .Section 4.1 is based o~ $3~600.OO Ifor the design as de- scribed in Section 1.1 and $800.00 for construction, inspection as described in Section 1.2. 2 of 5 ARTICLE 5 - CHANGES IN THE SCOPE OF WORK 5.1 In the event the CITY r~quires a major change in the scope, character or complexity of the work after the wor~ bas progressed as directed by the CITY, adjustments, in compensation to the ENGINEER*and in time for performance of the work as modified, sahll be determined through negotiation between the CITY and the ENGINEER, and the ENGINEER shall · not commence the additional work or the ~hange in the scope of the work until authorized in writing by the CITY. ARTICLE 6 - WORKMEN'S COMPENSATION AND LIABILITY INSURANCE 6.1 The E~gineer agrees to procure and maintain at his expense and without expense to the CITY until final payment by the CITY for the services covered by this Agreement insurance of the kinds and in the amounts hereinafter provided in insurance companies authorized to do such busi- ness in the State of I~diana covering all operations under this contract whether performed by him or by his subcontractors. Before commencing ~he work, the ENGINEER shall fuKn£sh to the CITY a certificate or certif- .icates, in for satisfactory to the CITY, showing that he has complied with this paragraph, which certificate or certificatDs, shall provide that the policies shall not be changed or cancelled until ten (10) days written notice has been given to the CITY. The kinds and amounts of insurance required are as follows: (A) Policy covering the obligations of the ENGINEER in accordance with the provisions of the Workmen's Compensation Law. This Agreement shall be void and of no effect unless the ENGINEER procures such policy and maintains it until acceptance of the work. (B) Comprehensive Policies of Bodily Injury Liability and property damage Liability Insurance, including Owner's or Contractor's Protective Coverage and a Save and Hold Harmless Endorsement of the types herein specified each with Bodily Injury Limits of Liability of not less than $100,O00.00 for each person, including death at any time resulting therefore, and not less than $300,000.00 in any one accident, and not less than $100,OOO.OO for all damages arising out of injury to or destruction of property. 3 of 5 iC) Automobile Policies of Bodily Injury and Prgperty Damage Liability Insurance of the types herein specified with bodily injury limits of liability o~f not less than $100,000.O0 for each person, includ- ing death ~t any time resulting therefrom, and not less than $300,000.00 in any ~ne accident, and not less than $100,000.O0 for all damages arising out of injury to or destruction of property, including hired and 6on-owned vehicles. ARTICLE 7 - DELAYS AND EXTENSIONS 7.1 The ENGINEER agrees that no charges er claim for damages shall be ma~e by him for any delays or hindrances from any cause whatsoever during the · progress of any portion of the services specified in this Agreement. Such delays and hindrances, if any, shall be compensated for by an ex- tension of time for such reasonable period as may b~ mutually agreed upon between the parties, it being understood, howeyer, that the per- mitting of~ the ENGINEER to proceed to complete ~ny services, or any part of them, after the date ~o which the time of completion may ~ave been e~tended, shall in no way operate as a waiver on the part of the C~TY of any of it's rights herein. ARTICLE 8 - ABANDONMENT AND TERMINATION 8.1 .TbS-CITY reserves the right to terminate or suspend this Agreement upon written notice~ 8.2 if the CITY shall abandon the services herein mentioned, the ENGINEER shall deliver to the CITY all data and reports completed or partially 'completed and these shall become the property of the CITY. The earned value of the total services as have been rendered by the ENGINEER to the date of the abandonment and which estimate shall be mutually agreed upon by the CITY and the ENGINEER. The payment as made to the ENGINEER shall be paid as a final payment in full settlement for his services hereunder. ARTICLE 9 - SUCCESSORS AND ASSIGNEES 9. The CITY insofar as authorized by law, binds itself and its successors, · 4 of 5 executors, administrators and assignees of such other.party, as the case may be insofar as authorized by law, in respect to~all covenants of this Agreement. Except as above set forth, neither the CITY nor the ENGINEER shall assign, sublet or transfer its or his interest in this Agreement without the consent df the other. ARTICLE 10 - CONFLICT OF iNTEREST 10.1 The ENGINEER agrees to have no direct or indirect interest in any other contract in connection with this project. ARTIELE 1l - APPLICABLE LAW Unless otherwise specified within the Agreement, this Agreement shall be governed by the law of the State of Indiana, and by all Municipal Ordinances of the City, as the same shall be inf full force and effect upon the date this Agreement is executed. ARTICLE 12 - EFFECTIVE DATES 12.1 This Agreement will b~come effective from the date of the execution.by the ENGINEER and the CITY. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement. .ENGINEER A & F ENGINEERING CO., INC. HERBERT T. AYERS, P-~. President Vice President BOARD OF PUBLIC WORKS AND SAFETY CITY OF CARMEL ~Jj%~ 5of 5