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Butler Fairman/Water Drainage System/Old Town AGREEMENT FOR PROFESSIONAL SERVICES This Agree ent made the day of ,j�,� 1.,1,�,, , in the year 198.S7by and between the Board of Public Works and Safety of the City of Carmel, Indiana, hereinafter called the Owner, and Butler, Fairman and Seufert, Incorporated, hereinafter called the Engineer, witnesseth that whereas, the Owner intends to retain the Engineer for the following: Design and construction inspection services for the storm water drainage system from Carmel "Old Town" to Cool Creek by way of the J. W. Morrow Drain. BASIC SERVICES: • The Engineer agrees to perform for the Owner, the following engineer- ing services that may be required, namely: 1. Consult with Owner to discuss the project named above. . 2. Consult with any and all governmental agencies neces- sary in order to complete the project named above. 3. Furnish all plans and documents necessary for the completion of this project. 4. The Engineer shall assist the Owner in the taking of construction bids and the awarding of construction contracts; however, the Engineer does not guarantee the performance of the Contractor. 5. The Engineer shall provide construction engineering services upon the request of the Owner. The Owner agrees to compensate the Engineer for the services performed for Items 1 through 4 above, a total lump sum fee of $41,000. Payment shall be made to the Engineer as the work progresses. The Owner agrees to compensate the Engineer for all services rendered under Item 5 of this Agreement on the basis of actual hours of work performed on the subject project at the direct salary and wages of each employee, increased by the current State-certified overhead rate of 130.56 percent, plus a 15.0 percent fixed fee. A revised State- certified overhead rate will be used when one is issued. • In addition to the hourly fees indicated above, the Engineer shall be compensated for direct project-related expenses such as job-related travel. Payment shall be made by the Owner to the Engineer each month as the work progresses. ADDITIONAL SERVICES: If the Owner shall abandon or delay the services herein described, then the Owner shall compensate the Engineer for services rendered to date. The Owner agrees to pay the Engineer additional compensation for the services required in connection with right-of-way acquisition or any legal action or litigation requiring the testimony and/or services of the Engineer. If the Owner or any other Local, State or Federal Agency shall direct or cause the Engineer to relocate or redesign the project, or any part thereof, then the Owner agrees to compensate the Engineer in addition to the fees named, in connection with such relocation or redesign of the project. Any change in standards, design criteria or other requirements by governmental units having jurisdiction over the contracted project, which requires changes by the Engineer in the plans, shall be paid for by the Owner. In the event that the Owner retains someone other than the Engineer to provide construction inspection, then the Owner agrees to compensate the Engineer, in addition to the fees named above, for services rendered in connection with the interpretation of plans, project stake-out or such other services that may be required during the construction phase of the work to be performed. The Owner agrees to compensate the Engineer for Additional Services in the same manner as described for construction engineering services. The Engineer shall, on behalf of the Owner, cause to be made all borings and sub-surface explorations and the analysis thereof; the cost of which shall be paid for by the Owner. The Engineer shall be entitled to retain all drawings, tracings, designs and renderings regarding any project upon which he shall be involved at the time of possible termination. The Owner shall be entitled to legible copies of all such documents' and further shall be entitled to use said documents in the completion or extension of the project. It is expressly understood by the parties hereto that this Agreement shall not be in effect unless and until funds shall have been duly appro- priated to cover ' the cost of the services provided for in this Agreement. The Owner and Engineer hereby agree to the full performance of the cove- nants contained herein. In witness whereof, the parties hereto have executed this Agreement the day and year first written above. OWNER ENGINEER BOARD OF PUBLIC %4DRKS AND SAFETY BUTLER, FAIRMAN AND SEUFERT, INC. CARMEL, INDIANA 7-) / 4 By:;;;?:?;.4,, : _____//g_47 . 4<_ ,:,,. .„6,,, � , elson G. tee e, Vice President J , : ,� -'/,� ATTEST: Z ��,n�,,t "07 D • .. Z Clerk Treasurer --I . i