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HomeMy WebLinkAboutWilliams Creek Consulting/ENG/98,600/CIty Center Drainage AnalysisWilliams Creek Consulting Engineering Department - 2015 Appropriation #250-4350900; P.O.#32912 Contract Not To Exceed $98.600.00 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is hereby made and entered into by and between the -City of Carmel, Indiana, acting by and through its Board of Public Works and Safety (hereinafter "City"), and Williams Creek Consulting (hereinafter "Professional"). RECITALS WHEREAS City owns and is responsible for the operation and maintenance of its property, personnel, public works and infrastructure; and WHEREAS, from time to time, City needs professional assistance in fulfilling its foregoing responsibilities; and WHEREAS, Professional is experienced in providing and desires to provide to City the professional services ("Services") referenced herein; and WHEREAS, City desires to engage Professional as an independent contractor for the purpose of providing to City the Services referenced herein; NOW, THEREFORE, in consideration of the foregoing recitals and the 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 hereof. SECTION 2. SCOPE OF SERVICES 2.1 City desires to engage Professional as an independent contractor for the Services set forth in attached Exhibit A, incorporated herein by this reference. 2.2 Professional understands and agrees that City may, from time to time, request Professional to provide additional or modified Services to City. When City desires additional Services from Professional, the City shall notify Professional of such additional Services desired, as well as the time frame in which same are to be provided. Only after City has approved Professional's time and cost estimate for the provision of such additional Services, has encumbered sufficient monies to pay for same, and has authorized Professional, in writing, to provide such additional Services, shall such Services be provided by Professional to City. A copy of the City's authorization documents for the purchase of additional Services shall be numbered and attached hereto in the order in which they are approved by City. 2.3 Time is of the essence of this Agreement. [SC( cum in'I.N`ml.Sm..0Go. .1\Sre+Vrignmcongg2015Vn4 Munn. Crock Cnnvilunp Prologimnl Savin PORNIEtum. ping 2012 Jam 10/ In/201g I I Williams Creek Consulting Engineering Department - 2015 Appropriation #250-4350900; P.O.#32912 Contract Not To Exceed $98.600.00 SECTION 3. CITY'S RESPONSIBILITIES 3.1 City shall provide such information as is reasonably necessary for Professional to understand the Services requested. 3.2 City shall provide all data required for provision of Services. Professional may assume that all data so provided is correct and complete. 3.3. City shall arrange for Professional to enter upon public and private property as reasonably required for Professional to perform the Services. 3.4 City shall designate payment of the Services from City budget appropriation number 250-4350900 funds. 3.5 City shall designate the Mayor or his duly authorized representative to act on City's behalf on all matters regarding the Services. SECTION 4. PROFESSIONAL'S RESPONSIBILITIES 4.1 Professional shall perform the Services pursuant to the terms of this Agreement and within any applicable time and cost estimate. 4.2 Professional shall coordinate with City its performance of the Services. 4.3 Professional shall provide the Services by following and applying at all times reasonable and lawful standards as accepted in the industry. SECTION 5. COMPENSATION 5.1 Professional estimates that the total price for the Services to be provided to City hereunder shall be no more than Ninety Eight Thousand Six Hundred Dollars ($98,600.00) (the "Estimate"). Professional shall submit an invoice to City no more than once every thirty (30) days for Services provided City during the time period encompassed by such invoice. Invoices shall be submitted on a form containing the same information as that contained on the Professional Services Invoice attached hereto as Exhibit B, incorporated herein by this reference. City shall pay Professional for all undisputed Services rendered and stated on such invoice within thirty five (35) days from the date of City's receipt of same. 5.2 Professional agrees not to provide any Services to City that would cause the total cost of same to exceed the Estimate, without City's prior written consent. ISiCnoimCRWRIT ,:z &Gold[ S, '10I5\Kl6mrt. Geek Gvaoliloa Pmlcii .I Swlm FORM Nw )ime20 Z&' )15 1.19 -w ra¶ 9 Williams Creek Consulting Engineering Department - 2015 Appropriation #250-4350900: P.O.#32912 Contract Not To Exceed $98,600.00 SECTION 6. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Section 7.1 hereinbelow, this Agreement shall be in effect from the Effective Date through December 31, 2015, and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. SECTION 7. MISCELLANEOUS 7.1 Termination. 7.1.1 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City or Professional, without cause, upon thirty (30) days' notice. 7.1.2 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City, for cause, immediately upon Professional's receipt of City's "Notice To Cease Services." 7.1.3 In the event of full or partial Agreement termination, and as full and complete compensation hereunder, Professional shall be paid for all such Services rendered and expenses incurred as of the date of termination that are not in dispute, except that such payment amount shall not exceed the Estimate. Disputed compensation amounts shall be resolved as allowed by law. 7.2 Binding Effect. City and Professional, and their respective officers, officials, agents, partners and successors in interest are bound to the other as to all Agreement terms, conditions and obligations. 7.3 No Third Party Beneficiaries. Nothing contained herein shall be construed to give rights or benefits to anyone other than the parties hereto. 7.4 Relationship. The relationship of the parties hereto shall be as provided for in this Agreement, and neither Professional nor any of its agents, employees or contractors are City employees. Professional shall have the sole responsibility to pay to or for its agents, employees and contractors all statutory, contractual and other benefits and/or obligations as they become due. Professional hereby warrants and indemnifies City for and from any and all costs, fees, expenses and/or damages incurred by City as a result of any claim for wages, benefits or otherwise by any agent, employee or contractor of Professional regarding or related to the subject matter of this Agreement. This indemnification obligation shall survive the termination of this Agreement. Is9GnvnyPm[ sm R Go .I SveaALnpinevinScokti. FORM ger 1111c'OIu1. :lG/15/1U 15IJY rnf Williams Creek Consulting Engineering Department - 2015 Appropriation #250-4350900; P.O.#32912 Contract Not To Exceed $98.600.00 7.5 Insurance. Professional shall procure and maintain with an insurer licensed to do business in the State of Indiana such insurance as is necessary for the protection of City and Professional from all claims under workers' compensation, occupational disease and/or unemployment compensation acts, because of errors and omissions, because of bodily injury, including, but not limited to, the personal injury, sickness, disease, or death of any of Professional's employees, agents or contractors and/or because of any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth on attached Exhibit C. Such insurance policies shall not be canceled without thirty (30) days' prior written notice to City. 7.6 Liens. Professional shall not cause or permit the filing of any lien on any of City's property. In the event such a lien is filed and Professional fails to remove it within ten (10) days after the date of filing, City shall have the right to pay or bond over such lien at Professional's sole cost and expense. 7.7 Default. In the event Professional: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Professional's warranties; (b) fails to perform the Services as specified; (c) fails to make progress so as to endanger timely and proper completion of the Services and does not correct such failure or breach within five (5) business days after receipt of notice from City specifying same; or (d) becomes insolvent, files, or has filed against it, a petition for receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to terminate all or any part of this Agreement, without liability to Professional and to exercise any other rights or remedies available to it at law or in equity. 7.8 Government Compliance. Professional agrees to comply with all laws, executive orders, rules and regulations applicable to Professional's performance of its obligations under this Agreement, all relevant provisions of which being hereby incorporated herein by this reference, to keep all of Professionals' required professional licenses and certifications valid and current, and to indemnify and hold harmless City from any and all losses, damages, costs, liabilities, damages, costs and attorney fees resulting from any failure by Professional to do so. This indemnification obligation shall survive the termination of this Agreement. 7.9 Indemnification. Professional shall indemnify and hold harmless City and its officers, officials, employees and agents from all losses, liabilities, claims, judgments and liens, including, but not limited to, all damages, costs, expenses and attorney fees arising out of any intentional or negligent act or omission of Professional and/or any of its employees, agents or contractors in the performance of this Agreement. This indemnification obligation shall survive the termination of this Agreement. IS'CnnmmWMSn k G.da S,aW ginan^F@OINKlllu, Gat Cmwlnnp Podrnimal Sans FORM R^ 20124,10/14/2015 I:I4 P.MI 4 Williams Creek Consulting Engineering Department - 2015 Appropriation #250-4350900: P.O.#32912 Contract Not To Exceed $95,600.00 7.10 Discrimination Prohibition. Professional represents and warrants that it and each of its employees, agents and contractors shall comply with all existing and future laws prohibiting discrimination against any employee, applicant for employment and/or other person in the subcontracting of work and/or in the performance of any Services contemplated by this Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, subcontracting or work performance hereunder because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. This indemnification obligation shall survive the termination of this Agreement. 7.11 E -Verify Pursuant to I.C. § 22-5-1.7 et seq., Professional shall enroll in and verify the work eligibility status of all of its newly -hired employees using the E -Verify program, if it has not already done so as of the date of this Agreement. Professional is further required to execute the attached Affidavit, herein referred to as Exhibit D which is an Affidavit affirming that: (i) Professional is enrolled and is participating in the E -verify program, and (ii) Professional does not knowingly employ any unauthorized aliens. This Addendum incorporates by reference, and in its entirety, attached Exhibit D. In support of the Affidavit, Professional shall provide the City with documentation that it has enrolled and is participating in the E -Verify program. This Agreement shall not take effect until said Affidavit is signed by Professional and delivered to the City's authorized representative. Should Professional subcontract for the performance of any work under this Addendum, the Professional shall require any subcontractor(s) to certify by affidavit that: (i) the subcontractor does not knowingly employ or contract with any unauthorized aliens, and (ii) the subcontractor has enrolled and is participating in the E -verify program. Professional shall maintain a copy of such certification for the duration of the term of any subcontract. Professional shall also deliver a copy of the certification to the City within seven (7) days of the effective date of the subcontract. If Professional, or any subcontractor of Professional, knowingly employs or contracts with any unauthorized aliens, or retains an employee or contract with a person that the Professional or subcontractor subsequently learns is an unauthorized alien, Professional shall terminate the employment of or contract with the unauthorized alien within thirty (30) days ("Cure Period"). Should the Professional or any subcontractor of Professional fail to cure within the Cure Period, the City has the right to terminate this Agreement without consequence. The E -Verify requirements of this Agreement will not apply, should the E -Verify program cease to exist. 7.12 Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be stricken, and all other provisions of this Agreement that can operate independently of same shall continue in full force and effect. IS`CmvassW,SSoo k Gond, Sr..U:nginterinel'11I WiIliem. Creek C.n..tliin!Prole`vmal Stoic, FORM Her P.ne 21112 . W19211151: 1 l PMI 5 Williams Creek Consultine Engineering Department - 2015 Appropriation #250-4350900: P.O.#32912 Contract Not To Exceed $95.600.00 7.13 Notice. Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this Agreement shall be written and either hand -delivered or sent by prepaid U.S. certified mail, return receipt requested, addressed to the parties as follows: CITY: City of Carmel Department of Engineering One Civic Square Carmel, Indiana 46032 ATTENTION: Jeremy Kashman PROFESSIONAL: Williams Creek Consulting 619 North Pennsylvania Street Indianapolis, Indiana 46205 ATTENTION: Neil Myers Douglas C. Haney Carmel City Attorney One Civic Square Carmel, Indiana 46032 Notwithstanding the above, City may orally provide to Professional any notice required or permitted by this Agreement, provided that such notice shall also then be sent as required by this paragraph within ten (10) business days from the date of such oral notice. 7.14 Effective Date. The effective date ("Effective Date") of this Agreement shall be the date on which the last of the parties hereto executes same. 7.15 Governing Law; Lawsuits. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, except for its conflict of laws provisions, as well as by all ordinances and codes of the City of Carmel, Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they waive any right to a jury trial they may have, agree to file such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 7.16 Waiver. Any delay or inaction on the part of either party in exercising or pursuing its rights and/or remedies hereunder or under law shall not operate to waive any such rights and/or remedies nor in any way affect the rights of such party to require such performance at any time thereafter. IS'Cimire l u+a.SN & Gm& SwmEnFinminF1'OISP'illuno Creek Constlimg Rnfc imtl Sauces FORM Rev junc 201331c -10/14R0153 31 PMI 6 Williams Creek Consulting Engineering Department - 2015 Appropriation #250-4350900: P.O.#329I2 Contract Not To Exceed $9$,600.00 7.17 Non -Assignment. Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder without City's prior written consent. 7.18 Entire Agreement. This Agreement contains the entire agreement of and between the parties hereto with respect to the subject matter hereof, and no prior agreement, understanding or representation pertaining to such subject matter, written or oral, shall be effective for any purpose. No provision of this Agreement may be amended, added to or subtracted from except by an agreement in writing signed by both parties hereto and/or their respective successors in interest. To the extent any provision contained in this Agreement conflicts with any provision contained in any exhibit attached hereto, the provision contained in this Agreement shall prevail. 7.19 Representation and Warranties. Each party hereto represents and warrants that it is authorized to enter into this Agreement and that any person or entity executing this Agreement on behalf of such party has the authority to bind such party or the party which they represent, as the case may be. 7.20 Headings. All headings and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 7.21 Advice of Counsel. The parties warrant that they have read this Agreement and fully understand it, have had an opportunity to obtain the advice and assistance of counsel throughout the negotiation of same, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 7.22 Copyright. City acknowledges that various materials which may be used and/or generated by Professional in performance of Services, including forms, job description formats, comprehensive position questionnaire, compensation and classification plan and reports are copyrighted. City agrees that all ownership rights and copyrights thereto lie with Professional, and City will use them solely for and on behalf of its own operations. City agrees that it will take appropriate action with its employees to satisfy its obligations with respect to use, copying, protection and security of Professional's property. 7.23 Personnel. IS 1C, Professional represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any contractual relationship with City. All of the services required hereunder will be performed by Professional or under his supervision and all personnel engaged in the work shall be fully qualified to perform such services. G.a, SaysNnplinvnnE\201,AW 1 nm. Creak G. vnm,! v cmI1,k ;UV a0L5119 PNII 7 Williams Creek Consulting Engineering Department - 2015 Appropriation #250-4350900; P.O.#32912 Contract Not To Exceed $93.600.00 7.24 Records and Inspections Professional shall maintain full and accurate records with respect to all matters covered under this agreement for three (3) years after the expiration or early termination of this Agreement. City shall have free access at all proper times to such records and the right to examine and audit the same and to make transcripts there from, and to inspect all program data, documents, proceedings and activities. 7.25 Accomplishment of Project Professional shall commence, carry on, and complete the project with all practicable dispatch, in a sound economical and efficient manner, in accordance with the provisions thereof and all applicable laws. In accomplishing the project, Professional shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on within City's organization. 7.26 IRAN CERTIFICATION. Pursuant to I.C. § 5-22-16.5, the Professional shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. 7.27 ACCESS TO PUBLIC RECORDS ACT Professional understands and agrees that any "public record", as that term is defined in Indiana Code 5-14-3- 2(m), as amended, that is related to the subject matter of this Agreement, whether the same is in the possession or control of the Professional or the City, shall be subject to release under and pursuant to the provisions of Indiana's Access to Public Records Act, as codified in Indiana Code 5-14-3-1, et seq., as amended. (remainder of page intentionally left blank) S,.'&Gn I'Sc2LL15211 ing 2010kWillmiu C C.3nmlmµI` Pi 1 fu^c ml:d.2l0 /21 I 8 Williams Creek Consulting Engineering Department - 2015 Appropriation #250-4350900; P.O.#32912 Contract Not To Exceed $98,600.00 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety Williams Creek Consulting BY: BY: / 1 mes Br inard, Pre iding Officer ate: Mary Date n Burke, /4- L5-- Lori S Lori S. Date: Member `O/ ATTEST: DiSna Cordray, IAMC, C rk- rea rer Date: II Authorize gnature Printed Name: Title: Como; t c0zar-Y FID/TIN: " 94-tr $(vgt Last Four of SSN if Sole Proprietor: Date: /0-14— 1C IS:'C.aYNwld.Sti R GW, Sn w.nFipw ti ifen11 \YJli.m. Ova C.n.nlIi,r ANc .,mnI Sot 4e, 1010I Rev jut. 141LL<.III'19/MIS 1 10 Williams Creek Consulting Engineering Department - 2015 Appropriation #250-4350900: P.O.#32912 Contract Not To Exceed $98.600.00 APPROVED by the Storm Water Management Board of the City of Carmel, Indiana, this zz1-`t day of octobe/, 2015, by a vote of 1-1 ayes and 0 nays. STORM WATER MANAGEMENT BOARD W. E,ric"Seidensticker Ronald E. Carter Sue Finkam IS: Cm ir.mtP * Sm fi G..4 Sn'Enginaein 020I5\U",lham. Cr¢4 CmeW� Luci Snyder Carol Schleif ,K, Richar L. h rp 221224c 1M020152: 11 P411 9 EXHIBIT Project Plan and Scope of Services City Center Drainage Analysis Carmel, Indiana Prepared for: One Civic Square Carmel, Indiana 46032 Prepared by: 0 WILLIAMS CREEK CONSULTING 619 North Pennsylvania Street Indianapolis, Indiana 46204 16 September 2015 r ry cq P 0 "octi C44 VCn C( c( \c, va4 PLO Wet Lef PROJECT DEFINITION Williams Creek Consulting, Inc. (Williams Creek) has prepared this Project Plan and Scope of Services to assist the City of Carmel (CLIENT) by providing Design Engineering Consulting Services related to the analysis and development of recommendations for the current drainage system that extends from City Center Drive south along the JW Hawkins Regulated Drain to the crossing at 116`" Street (SITE). The drainage system serving City Center and much of the development immediately to the south has been developed in small, isolated systems and recent rain has initiated some concerns by CLIENT regarding the long-term adequacy of the system. This system consists of a combination of piped conveyance and underground detention which discharges to the JW Hawkins Regulated Drain north of Civic Square and flows to the south. In recognizing the value of the properties in this area, the CLIENT would also like to investigate the condition of the existing underground detention and recommend potential options for improvements and/or storage enhancements. SCOPE OF SERVICES PHASE 1: Drainage Analysis To allow continued development in the region between City Center and City Square, CLIENT has expressed an interest in evaluating the existing drainage system to determine if modifications are necessary. These modifications may include the existing underground stormwater management systems, the potential of improvement of the drainage conditions by the creation of a large regional detention basin, and conveyance upgrades for the drainage along the Monon Trail Corridor. Due to current efforts by the CLIENT, upgrades to the conveyance system along the Monon Trail Corridor may need to be coordinated with additional parties. Williams Creek will conduct detailed analysis for the project that will be split into four (4) parts. Part 1— Existing Detention Analysis Williams Creek will utilize available data to develop a hydrologic and hydraulic (H&H) model for the existing stormwater detention system upstream of the discharge into the JW Hawkins Regulated Drain, This analysis will be completed by completing the following tasks: • Desktop Review of existing detention and conveyance system to determine location, size and depth of the stormwater components • Calculations to determine effectiveness of system • Determine outlet release rate conditions Part 2 — Conveyance Analysis Williams Creek will utilize available data and perform a site visit to analyze the condition of the JW Hawkins Regulated Drain and determine it's current and near future levet of adequacy. This will help determine what may be required to provide additional conveyance to both improve 2 occ Williams Creek Consulting, Inc City Center Drainage Analysis EXHIBIT t"\ Scope of Services existing conditions and provide additional conveyance if stormwater storage at the upstream end of the watershed is altered. Part 3 — Regional Detention Analysis Williams Creek will review property records and coordinate closely with the CLIENT to review sites near 116`^ street to determine the feasibility of utilizing undeveloped ground for regional detention. Once this has been determined Williams Creek will also perform a Hydrologic and Hydraulic analysis to determine the potential impact a regional detention system in this area may potentially provide. Part 4 — Monon Trail Corridor Coordination During the course of the project, Williams Creek will coordinate with any consultant and/or developer stakeholder evaluating improvements for the Monon Trail within the project area. The coordination will focus on creating the opportunity for functional sustainable infrastructure for stormwater management within the Monon Trail corridor while complementing the CLIENT'S vision for the corridor. PHASE 1 Deliverable Materials • Drainage Report with figures • Recommendations with Opinion of Probable Cost PHASE 2: Project Meetings and Coordination As part of PHASE 2, Williams Creek will facilitate and attend up to eight (8) meetings with the CLIENT and other project stakeholders. If the CLIENT and/or stakeholders require Williams Creek to attend additional meetings in excess of the eight (8) listed above, these additional meetings may be tracked and invoiced under PHASE 2 using a Time and Materials Fee Basis. 3 (S EXHIBIT k Williams Creek Consulting, Inc City Center Drainage Analysis Scope of Services SCHEDULE Williams Creek proposes to begin work on this project upon receipt of written authorization to proceed. Williams Creek anticipates completing PHASES 1 and 2 in no less than 60 days of written Notice to Proceed. If any additional services are needed or requested, or if project delays outside of the control of Williams Creek occur, the schedule and Scope of Services may be adjusted. COMPENSATION PHASE Description Est. Fee Fee Basis No. 1 Drainage Analysis $91,900.00 Lump Sum 2 Project Meeting and Coordination $6,700.00 Lump Sum Williams Creek appreciates the opportunity to be of continued service to the City of Carmel. If you have any questions concerning the Project Plan and Scope of Services, please contact us. Best Regards, Williams Creek Consulting, Inc. Williams Creek Consulting, Inc. Neil B. Myers Principal Jim Rinehart, PE Team Leader 4 )�� EXHIBIT A Wittiams Creek Consulting, Inc City Center Drainage Anatysis Scope of Services Exhibit A Professional Labor Hourly Rate Principal $240.00 Associate Principal $180.00 Level V $140.00 Level IV $110.00 Levet III $100.00 Levet II $ 90.00 Level I $ 80.00 Intern $ 50.00 Professional Expenses Mileage $ 0.575 per mile Reimbursable Items 1.05 times direct cost or per quote Materials 1.05 times direct cost or per quote Equipment Rental 1.05 times direct cost or per quote 'Please note: These rates are for the 2015 calendar year and are subject to change. 5 0-15— EXHIBIT ;SEXHBIT 4 Williams Creek Consulting, Inc City Center Drainage Analysis Scope of Services