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Butler Fairman/116th Street Keystone to Carmel City Limits AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made the /o day of �(� 1J , in the year 1988, by and between the Board of Publgc 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: Engineering services required for the design of 116th Street from Keystone Avenue East to the Carmel City limits. 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. The term project in- cludes the design phase only, unless the Engineer is employed to perform construction inspection services. 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. The Owner agrees to pay the Engineer as follows: Survey 2.0 Percent • Design 5.0 Percent Construction Engineering N.A. • Payment shall be made to the Engineer as the work progresses, as com- pensation for services rendered. The fees named above shall be based upon the accepted Contractor's bid for the construction of the project. Until bids are taken, the fees named shall be based upon the estimate of costs prepared by the Engineer. ADDITIONAL SERVICES: The Owner further agrees to compensate the Engineer, in addition to the fees 'heretofore described, in accordance with the hourly rate schedule set out below for all services in connection with the preparation of studies, reports, statements, or personal appearances which may be re- quired by Local, State or Federal agencies relative to present or future environmental laws or policies. The Owner agrees to pay the Engineer additional compensation in accord- ance with the hourly schedule given below for the services required in connection with right-of-way acquisition or any legal action or litiga- tion 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 accordance with the hourly schedule given below, 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 at the hourly rates given below. 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, in accordance with the hourly schedule given below for services rendered in connection with the interpretation of plans, project stake-out or such other serv- ices that may be required during the construction phase of the work to be performed.. The Owner agrees to pay the Engineer for those Additional Services that are rendered in accordance with the following hourly schedule: Principals $75.00 per hour Supervising Engineer $60.00 per hour Staff Engineer $45.00 per hour Apprentice Engineer $35.00 per hour Senior Staff Member $45.00 per hour Senior Field Personnel $35.00 per hour • Planner $35.00 per hour Engineers' Assistant $30.00 per hour Field Personnel $28.00 per hour Clerical $23.00 per hour Supporting Personnel $22.00 per hour The above hourly rates include travel, taxes, supplies, testing equip- ment, overhead, profit and other regular expenses incidental to the work. Payment shall be made by the Owner to the Engineer each month as the work progresses. It is mutually understood and agreed, by the parties hereto, that the hourly rate schedule for services herein stated shall be in effect for a period of one year from the date of the execution of this Agreement. These hourly rates shall be reviewed at the end of that one year period and every year thereafter. Adjustments may be made as required to reflect increased costs for rendering the services herein described. If the. Owner shall abandon or delay the services herein described, then the Owner shall compensate the Engineer for services rendered to date. Such compensation to be based on an estimate of the portions of the total services as have been rendered by the Engineer. I The Engineer agrees to name the Owner as an additional insured on liability policies involving projects on which the Engineer is engaged • and will provide a copy of the binder to the Owner, if so requested. 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. 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. 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 WORKS AND SAFETY BUTLER, FAIRMAN AND SEUFERT, INC. CARMEL, INDIANA • By: ZL0),L2 rxe; � elson G. Steele, ice' esident CCU • ATTEST: C��L � 0'1r- CA�jYL�� Clerk Treasurer U •