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Weihe Engineers, Inc.Weihe Engineers Utilities SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement"), made this/,,//~ day of/V/~/~uL ,1996, by and between the City of Cannel (hereinafmr "City"); and Weihe Engineers, Inc., hereinaRer referred to as "Professional". WHEREAS, City owns and is responsible for public works which includes by way of illustration and not for purposes of elimination; the construction and operation of much of the infrastructure system in the City including its municipal water and sewer utilities; the street system including pavements, curbs, sidewalks, street trees, and alleys; the storm drainage system including pipes and open ditches; and is responsible for the planning, design, construction, operation and maintenance of said infrastructure systems; and WHEREAS, City is also responsible for the zoning, planning, annexation, adoption of construction standards, and enforcement thereof throughout its corporate limits and within Clay Township through a joinder agreement; and WHEREAS, from time to time City needs professional consulting services to assist it in determining how to effectively and efficiently fulfill the foregoing responsibilities; and WHEREAS, Professional is experienced in providing professional services relating to the planning, design, construction, operation, and maintenance of municipal infrastructure system including municipal water/sewage systems, street systems, drainage systems, and zoning matters; and WHEREAS, City desires to hire Professional as an independent contractor for the purpose of providing to City on a non-exclusive basis the above referenced professional services; and WHEREAS, Professional desires to provide to City all or a portion of said professional services as City may request in writing from time to time. NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants and conditions set forth herein, City and Professional mutually agree as follows: SECTION 1. INCORPORATION OF RECITALS. The foregoing recitals are hereby incorporated into this Agreement and made a part thereof. SECTION 2. SCOPE OF SERVICES. 2.1 The City desires to hire Professional as an independent contractor for an Indiana Minimum Standards staked boundary survey and the Services described in Appendix A, (collectively, the "Services"). Professional desires to provide to City said Services as set forth herein. SECTION 3. COMPENSATION 3.1 As full compensation for the Services performed by Professional hereunder, City shall pay Professional as set forth below: 3.1.1 The fee for the Services will be a lump sum amount not to exceed two thousand five hundred dollars ($2,500.00) as set forth in Appendix A. 3.1.3 If additional professional services are required and Professional needs to hire outside sources for performance of same, Professional shall so notify City in writing with an explanation of the need and the qualifications of the outside sources and if City is agreeable, City shall reimburse Professional for the actual cost of such outside services. 3.1.4 Professional will submit an invoice to City and City shall pay Professional Weihe Engineers Utilities for services rendered within thirty (30) days after date of Professional's invoice. If the invoice amount is not paid within thirty (30) days of receipt Professional shall so notify the City and if the amount is not disputed and not paid within thirty-five (35) days a!~r the date of the invoice, then a late charge in a stun equal to one percent (1%) of such unpaid invoice amount shall accrue and be immediately due and payable as a separate debt for each month it remains unpaid. In the event that the amount is disputed, City shall so notify Professional and if such dispute is not resolved to City's satisfaction within ten (10) business days after notice of such dispute, City shall pay such amount under protest into the City Court of Carreel which Court shall hold the money until notified of a resolution signed by both parties hereto. SECTION 4. Subject to the termination provisions set forth in Section 5 herein, this Agreement shall be in effect from the Approval Date through December 31, 1996. SECTION 5. MISCELLANEOUS 5.1 City Property. Any and all doctunentation (other than original tracings and original calculations) generated by Professional pursuant to this Assignment shall be considered City's exclusive property and shall be disclosed only to City and to no other person without the City's prior written permission. Professional shall keep confidential all working and deliberative material pursuant to IC 5-14-3-4. 5.2 Termination. The obligation to provide services under this Agreement may be terminated by City or Professional without cause upon thirty (30) days' written notice to the other party and with cause upon receipt of notice to cease all services. In the event of termination, Professional will be paid for all services rendered to date of termination and will be paid other expenses, as herein provided, incurred to date of termination. For purposes of clarification, Professional shall be paid the percentage of the ltunp stun estimate that City determines in good faith to be the same percentage of work performed pursuant to the terms of this Agreement. 5.3 Binding Effect. City and Professional and their respective partners, successors, executors, administrators, assigns and legal representatives of each are bound by this agreement to the other party to this agreement, and to the parmers, successors, executors, administrators, assigns and legal representative of such other party in all respects of all covenants, agreements and obligations of this agreement. 5.4 No Third Party Beneficiaries. Nothing contained herein shall be construed to give any rights or benefits hereunder to anyone other than City or Professional. 5.5 Relationship. The relationship of the parties hereto shall be as provided for in this Agreement, and Professional shall in no fashion be deemed to be an employee of City. In that regard, Professional and all of its employees shall not be employees of City. Furthermore, Professional shall have all responsibility to pay to or for its employees, all statutory benefits and obligations and any other benefits or obligations at its discretion. The City shall not be responsible for same, but rather the compensation to be paid hereunder by City to Professional shall be the full compensation and moneys required of City. 5.6 Insurance. Professional shall procure and maintain with an insurer licensed to do business in Indiana Weihe Engineers Utilities reasonably acceptable to City, insurance ("Insurance"), for protection from claims under workers' compensation acts, claims for damages because of errors and omissions, and bodily injury including personal injury, sickness or disease or death of any and all employees or of any persons other than such employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom. Professional shall secure and maintain Professional Responsibility Insurance and such insurance as will protect the Professional and the City from claims resulting from Professionars errors and omissions. The coverage amounts shall be no less than those amounts set forth inAppendix B which is attached hereto. Professional shall cause its insurers to name City as an additional insured on all insurance policies (other than on the Professional Responsibility policy) and to provide that such policies will not be canceled without thirty (30) days prior notice to City. 5.7 Indemnification. Professional shall indemnify and hold harmless the City and its respective officers, employees, and agents from all loss, liability, claims, judgments, and liens, including costs and expenses and attomey fees, arising out of any negligent act or omission of Professional or any of its colleagues, associates, agents, employees, or subcontractors in the performance of this Agreement. The failure to do so shall constitute a material breach of this Agreement. 5.8 Discrimination Prohibition. Professional represents and warrants that it and its professionals shall comply with all existing laws of the United States and the State of Indiana prohibiting the discrimination against any employee or applicant for employment or subcontract work in the performance of any project contemplated by this Agreement with respect to hire, tenure, terms, conditions, or privileges of employment or any matter directly or indirectly related to employment or subcontracting because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. The City reserves the right to collect a penalty as provided in IC 5-16-6-1 for any person discriminated against. 5.9 Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the provision shall be stricken, and all other provisions of this Agreement which can operate independently of such stricken provision shall continue in full force and effect. 5.10 Notice. Any notice, invoice, order or other correspondence required to be sent under this Agreement shall be in writing and either hand delivered or sent by first-class U.S. mail addressed to the parties at the following addresses: CITY: PROFESSIONAL: City of Carreel One Civic Square Carmel, IN 46032 Attention: John Duffy, Utilities Director (with a copy to the City Attomey, Department of Law, same address) Weihe Engineers, Inc. 10505 North College Ave. Indianapolis, Indiana 46280 Atm: Michael DeBoy 5.11 Approval Date. The Approval Date is the date in which the last of the parties hereto approves and executes this Agreement. 5.12 Governing Law. This Agreement shall be govemed by and construed in accordance with the laws of the State of Indiana and all municipal ordinances and codes of the City of Cannel, hdiana, as the same shall be in full force and effect upon the Approval Date. Weihe Engineers Utilities 5.13 Waiver. The delay or partial ina~ion on the part of City in exercising or pursuing its right and remedies provided hereunder or by law shall not operate to waive any such rights or remedies. 5.14 Exhibits. All exhibits and/or appendices referenced herein, whether marked "Exhibit","Appendix", or some other title, shall be considered a part of this Agreement. 5.15 Prior Agreements. This Agreement contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Agreement, and no prior agreement, understanding or representation pertaining to any such matter shall be effective for any purpose. No provision of this Agreement may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successors in interest. 5.16 Representation and Warranties. Parties represent and warrant that they are authorized to enter into this Agreement and the party executing the Agreement has the authority to bind the party which they represent. 5.17 Entire Agreement. This Agreement and all Appendices attached hereto represents the entire understanding between Professional and City with respect to the subject matter and supersedes all prior negotiations, representations, and/or contracts, either oral or written. 5.18 Headings. All heading and sections of this Agreement are inserted for convenience only and do not form part of this Agreement or limit, expand or otherwise alter the meaning of any provisions hereof. IN WITNESS WHEREOF, the parties hereto have made and executed this agreement on the day and year first written above. WEIHE ENGINEERS, INC. CITY OF CARMEL, by and through its BOARD OF PUBLIC WORKS AND SAFETY James Brainard, Mayor ~B.~~'~ffalker, Membea ~~//~ APPENDIX B INSURANCE COVERAGES Workers Compensation & Disability Statutory Limits Employer's Liability: Bodily Injury by Accident: Bodily Injury by Disease Bodily Injury by Disease $100,000 each accident $ 500,000 policy limit $100,000 each employee Property damage, contractual liability, products-completed operations: General Aggregate Limit (other than Products/Completed Operations): Products/Completed Operations: $2,000,000 $2,000,000 Personal & Advertising Injury Limit: Each Occurrence Limit: Fire Damage (any one fire): Medical Expense Limit (any one person): $1,000,000 $1,000,000 $ 50,000 $ 5,000 Comprehensive Auto Liability Owned, hired and non-owned Bodily Single Limit: injury and property damage each accident $1,000,000 Umbrella Excess Liability Each occurrence and aggregate Maximum Deductible $5,000,000 $ 10,000 OWNER's Protective Insurance: Per Occurrence: $5,000,000 Aggregate: $5,000,000 To: From: Re: Date: John Duffy, Utilities Manager Rebecca Wolf, Clerk-Treasurer's Office, Ext. 413 Agreement for Professional Services November 14, 1996 Enclosed is a copy of the signed contract approved by the Carmel Board of Public Works November 6, 1996. A copy was mailed to Weihe Engineers, Inc. November 14, 1996. Please call if you have any questions. cc: file DLC/RLW/rlw City Carme'_ November 14, 1996 Michael L. DeBoy Weihe Engineers, Inc. 10505 N. College Avenue Indianapolis, IN 46280 Re: Agreement for Professional Services Enclosed is a copy of the signed contract approved by the Carmel Board of Public Works November 6, 1996. Please call if you have any questions. Sincerely, Rebecca L. Wolf Chief Deputy Clerk cc: file, city atty, utils DLC/RLW/rlw ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400 CARMEL UTILITIES ONE CIVIC SQUARE PH (317) 571-2443 P.O. BOX 1399 FAX (317) 571-2462 CARMEL, INDIANA 46032 WATER UTILITY WASTEWATER UTILITY November 1, 1996 Memo To: City of Carmel Board of Works and Safety From: John Duffy RE: Survey agreement with Weighe Engineers The attached Agreement for Professional Services is with Weighe Engineers, Inc. to do a site survey for a proposed new storage building for the Sewer Collections Department. The building will be located at 901 North Rangeline Road at the old north sewer plant. The survey is needed to make sure we build on our property and not on the "traction" fight of way. This should not be a problem, but the survey will give us insurance. The cost shall not exceed $2500. Submitted By, Utility Manager WEIHE ENGINEERS, INC. CIvil Engineers ALLAN H. WEIHE, P.E., LS. PRESIDENT Land Surveyors MICHAEL L DEBOY, 1,8. Land Planners V/CE PRESIDENT .October 8, 1996 Mr. Rick Brandau Carmel Utilities 130 1 st Avenue. S.W. Carmel, Indiana 46032 Fee proposal to perform surveying services for a proposed sewage treatment plant addition in Carmel, Indiana (Pt. W/2 SW/4 Sec. 19-T18N-R4E, Clay Township, Hamilton County, Indiana) Dear Mr. Brandau: This letter is in response to your request to fumish you with a fee proposal to perform a retracement survey, with improvements located, on the above described property. The work will also include showing the floodway and floodway fringe at the site and staking comers of the proposed building. This proposal is based upon conversations with you, information currently in our files and our familiarity with projects of this nature. Based upon the above described criteria, we feel our fee to perform this survey would range between $2,000.00 to $2,500.00, not to exceed the upper limits of this estimate. It will take approximately 2 to 3 week to complete this work. Should you have any further questions or comments, please feel free to contact us at your convenience. We appreciate this opportunity to be of service to you and look forward to working with you on this project. Sincerely, MLD/jmb Appendix A 10505 NORTH COLLEGE AVENUE · INDIANAPOLIS, INDIANA 46280 · (317) 846-6611 (800) 452-6408 FAX: (317) 843-0546