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HomeMy WebLinkAboutRundell Ernstberger Associates/Eng/79,000/Hazell Dell Pkwy and Keystone Pkwy Roundabout Landscape DesignRundell Ernstberger Associates Engineering - 2016 Appropriation # 2016 COTT Bond; P.O. # 33689 Contract Not To Exceed $79,000.00 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 Rundell Ernstberger Associates (hereinafter "Professional"). RECITALS WHEREAS City owns and is responsible'for the operation and maintenance of its property, personnel, public works and infrastructure; and and WHEREAS, from time to time, City needs professional assistance in fulfilling its foregoing responsibilities; 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. Professional will not perform any of the Services detailed in Exhibit A prior to obtaining a written Notice to Proceed from the City. Upon receiving a Notice to Proceed, the Professional shall perform only those Services specifically detailed in the Notice. If the Professional desires clarification of the scope of any Notice to Proceed, the Professional shall obtain such clarification from the City in writing, prior to performing the service set forth in the Notice .to Proceed. Any services performed without the City's prior express written authorization will not be compensated. 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 IS:1ConhnCISTr0f.SWS & Goals Svcs\Enginccring\2016\Profcssionnl Scrviccs Rnndcll Ernsti-ga Asswintcsd—:4/13/1016 10:56 AMI Rundell Ernstberger Associates Engineering - 2016 Appropriation # 2016 COTT Bond; P.O. # 33689 Contract Not To Exceed $79,000.00 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. 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 2016 COIT Bond 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 Seventy Nine Thousand Dollars ($79,000.00) (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. [SACmnn it T1.2— & Goods Svcs\Engiuccring\2016\Profcssionnl Savias Rundell Emsl6crgcr A—iala.d-4/132016 10:56 AM] 2 Rundell Ernstberger Associates Engineering - 2016 Appropriation # 2016 COIT Bond; P.O. # 33689 Contract Not To Exceed $79,000.00 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, 2016, 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 maybe 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. [S:\Cw1rac1s\PmLSv & Goods Svcs\Engutecrings20161Profc ionnl Scrvlccs Rondcll Emst6crgcr Associata.docx:4/132016 10:56 A1v9 Rundell Ernstberger Associates Engineering - 2016 Appropriation # 2016 COIT Bond; P.O. # 33689 Contract Not To Exceed $79,000.00 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. [S:1ConvnclsTrof.Sv & Goods Svcs\Enginmring@016tProfcssiannl Scrviocs Rundell Emsibcrgcr Associntcad-4/132016 10:56 AM] 4 Rundell Ernstberger Associates Engineering - 2016 Appropriation # 2016 COPT Bond; P.O. # 33689 Contract Not To Exceed $79,000.00 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. [SAContracts\Prof.Sm S Goods Services R-1.11 Enrstbcrgcr Associatoa.Jocx:4/13/2016 10:56 At,11 Rundell Ernstberger Associates Engineering - 2016 Appropriation # 2016 COIT Bond; P.O. # 33689 Contract Not To Exceed $79,000.00 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: Rundell Ernstberger Associates 618 Market Street Indianapolis, IN 46202 ATTENTION: Kevin Osburn Douglas C. Haney Corporation Counsel 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 Governinq 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. [SAConuracls\Prof.Svcs & Goods Svcs\Bnginccring\2016\Profc.ional Soviets R.n&ll Emsibcrgcr A.ssa:im.A..A/132016 10:56 AM] Rundell Ernstberger Associates Engineering - 2016 Appropriation # 2016 COIT Bond; P.O. # 33689 Contract Not To Exceed $79,000.00 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. 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. [SAContracts\ProLSv & Goods SvcsNEnginmring\2016%Professional Services Rnndcll Emstbcrgcr A.cswill—d-4/132016 10:56 ANTI 7 Rundell Ernstberger Associates Engineering - 2016 Appropriation # 2016 COIT Bond; P.O. # 33689 Contract Not To Exceed $79,000.00 . 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 Proiect 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 sec., as amended. (remainder of page intentionally left blank) [SAContrnctsT.B— & Goods S-AEnginccring@0161Prof ional Servi= Ruudcl] Emstbcrger Associate -d—:4/132016 10:56 AMI Rundell Ernstberger Associates Engineering - 2016 Appropriation # 2016 CO1T Bond; P.O. # 33639 Contract Not To Exceed $79,000.00 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 1-YA �1 ,James Brainard, Pr iding Off!'Ver' Date: / '7 r}� /A Date: 1/ z2l�� Lori S. atson mb r Date: ka 11 Rundell Emstberger Associates BY: orize Signature Printed Name: l' - 414/,yl�^� Title: FID/TIN: Last Four of SSN If Sole Proprietor. Date:1 t I & IS'tlW t•'IMStt.AGud�Sr s�F.IlFmcnuleL`Pin•Prnit•3e�lSa Tb Hml,ldl Fntih•}�A+•n:iak�.6�-a:LlilYllh ht;Y..�.\1� U RUNDELLERNSTBERGER ASSOCIATES 24 February 2016 Mr. Jeremy Kashman, P.E. City Engineer City of Carmel 1 Civic Square Carmel, IN 46032 erg i nI INDIANAPOLIS email resin dyarea site.com in tercet lwww.reas7te.com re: DESIGN SERVICES: Hazel Dell Parkway & Keystone Parkway Roundabouts City of Carmel, Indiana Dear Jeremy: Per your request, Rundell Ernstberger Associates, Inc. (REA) is pleased to submit the following proposal for landscape design services for the roundabouts on Hazel Dell Parkway and Keystone Parkway in Carmel, Indiana. Thank you for taking time to discuss this project last week and for considering REA for these services. Below is a summary of our understanding of the project, an outline of our scope of work, the anticipated timeline, and our proposed fees. PROJECT UNDERSTANDING: Based on our conversations, we have the following understanding of the scope of work for this project: The City of Carmel wishes to engage the services of REA to design and prepare construction documents for site enhancements for the following roundabouts: a. Hazel Dell Parkway & 116`h Street (new) b. Hazel Dell Parkway & 126`h Street (existing) c. Hazel Dell Parkway & Main Street (existing) d. Keystone Parkway & 1061h Street (existing) e. Keystone Parkway & 116`h Street (existing) f. Keystone Parkway & Carmel Drive (existing) g. Keystone Parkway & 126" Street (existing) h. Keystone Parkway & 136" Street (existing) 2. The focus of REA's efforts will be to develop landscape and hardscape treatments for the roundabout (RAB) and splitter islands that are creative and engaging. We anticipate that landscape treatments and hardscape treatments will be similar to previous RAB designs REA has prepared for the City; we also anticipate that most of the work will focus on landscape treatments and that hardscape elements will be minimal. 3. Design elements to be considered by REA include, but are not necessarily limited to, planting design, lighting, retaining walls, urns and other miscellaneous Landscape enhancements. 4. REA's services will include Schematic Design, Construction Documents, Bidding, and Construction Administration. Our services will include those of our irrigation and electrical consultants. )KHMI 618 E. MARKET STREET INDIANAPOLIS, INDIANA 46202 13171 263.0127 FAX: [3171 263.2080 / LOUISVILLE OFFICE: TE [5021 561.8676 FX [5021 561.9076 ((( U Keystone & Hazel Dell ParkwayRABs, p. 2 of 5. REA will prepare Schematic Design documents for each RAB in order to determine the level of improvements and finish as well as a preliminary construction cost opinion. Upon approval of Schematic Design, REA will prepare a contract amendment to include fees for Design Development, Construction Documents, Bidding, and Construction Administration services. 6. The project construction budget will be determined through the design process but is currently anticipated to be in the $2 to $2.5 million range. 7. REA will utilize base plan drawings to be provided by the City of Carmel in the preparation of our drawings. 8. REA will prepare one bid package for all of the roundabouts in accordance with City of Carmel standards and guidelines. 9. We anticipate completion of the work for a summer 2016 bid letting, pending City reviews and approvals. It is understood that completion of the construction work will likely extend into Spring 2017 or, in the case of the 116`h and Hazel Dell Parkway RAB, Fall of 2017. SCOPE OF WORK: Based on the above understanding, we propose the following scope of work: 1. Project Initiation Meeting: REA will conduct a project kick-off meeting with the City to review the scope of services and project schedule, establish communication protocol, ensure a clear understanding of the desired outcomes for the project, review the project goals, gather past plans and relevant project data, and discuss initial design considerations and ideas. 2. Evaluation of Existing Conditions & Current Plans: Working from AutoCAD files provided by the City, REA will review the current plans in detail and visit each project site in order to understand existing conditions and evaluate opportunities and constraints for potential enhancements. 3. Schematic Design: REA will develop preliminary plans showing the extent of both hardscape and softscape enhancements. Schematic design documents will consist of development of up to two (2) preliminary concepts for each RAB; REA will review the concepts with the City to determine the preferred concept, then prepare the final Schematic Design documents consisting of plans, sections, elevations, and a preliminary cost opinion for each RAB. We anticipate a total of (2) review meetings for the schematic design phase. 4. Construction Documents: Upon approval of schematic design, project construction budget, and fees, REA will proceed with the preparation of final construction plans, consist of planting plans, irrigation plans and details, lighting plans and details, wall details, planting details and schedules, and technical specifications. Updated construction cost opinions based on the final plans will also be prepared. We anticipate a total of (2) review meetings with the City for this phase of work at 50% completion and 90% completion. Upon review and approval of 90% complete Keyston e & Hazel Dett Parkway RABs, p. 3 of 4 documents, REA will prepare final plans, details, pay'items, quantities, estimate, and technical specifications required for bidding. 5. Bidding: REA will provide services during the bidding process to issue clarifications and answer questions pertaining to REA's work. All responses to bidder's inquiries will be coordinated with the City and will be distributed to all bidders. Construction Administration: In coordination with the City's full time inspection firm, REA will provide construction administration services for oversight of the RAB enhancement items of work during the construction period. This work will include attendance at the preconstruction meeting, interpretation/clarification of plans, review/approval of shop drawings and submittals, approval of plant material layout, and periodic field review of construction work. REA will also conduct a one-year warranty walk through of the project. COMPENSATION: Based on the above scope of work described above, REA proposes the following fees: Part 1 —Schematic Design: REA will complete this phase of work for a lump sum fee of $79,000.00, to be invoiced on a monthly, percentage complete basis, in accordance with the following: Schematic Design $78,750.00 Expenses $250.00 Part 2 —Construction Documents, Bidding, Construction Administration: Fees for these phases of work, will be determined upon completion of Schematic Design and determination of project scope, level of finish, and construction budget. REA will prepare a contract amendment upon approval of these fees by the City of Carmel. • Services will be billed monthly on a lump sum, percentage complete basis, plus reimbursable expenses. Fees will not be exceeded without prior written approval from the City of Carmel. • Reimbursable expenses will be invoiced according to the attached schedule. ADDITIONAL SERVICES: The following additional services are not included in the above scope of work and fees for this project. If required, these services shall be provided if authorized through an approved amendment of this agreement by the Owner. Additional services will be billed at our standard hourly rates (see attached schedule) or on a negotiated fee basis. ■ Preparation of topographic surveys ■ Preparation of potholing or other utility investigations ■ Design of underground or aboveground storage as a stormwater quantity control measure ■ Preparation of utility relocation plans required due to conflicts between existing utility infrastructure and proposed site infrastructure ■ Preparation or coordination of utility coordination agreements E,i o5 z • ... p1N-� -3 J5`_ Keystone & Hazel Dell Parkway RABs, p. 4 of 4 ■ Environmental study or documentation, including but not limited to, Categorical Exclusion Documents, Environmental Site Assessments, Section 106, 800.11 (f) documentation, drafting of Memorandum of Agreement, Phase 1c, Phase II, Phase III archaeological investigations, sampling, and consulting party meetings. ■ Preparation of permitting or agency approvals ■ Attendance at and performance of notification for public hearings ■ Significant additions or deletions to the stated project scope of work ■ Changes to the project design, documents, or scope of work after receipt of owner approval for each stage of design ■ Owner -initiated changes in the scope of work after commencement of construction documents or during the construction period ■ Extensive delays in the project timeline due to conditions beyond the control of REA ■ Preparation of record or as -built drawings ■ Construction phase services beyond those specified herein Jeremy, if the terms of this proposal are agreeable to you, your signature below will constitute a satisfactory form of agreement between Rundell Ernstberger Associates, Inc. and the City of Carmel. Please return one (1) original copy to this office. Should you elect to utilize a different form of agreement, please attach a copy of this letter as an exhibit. Please contact me with any questions or concerns regarding this proposal. We appreciate the opportunity to provide you with this proposal and are excited about the opportunity to continue our partnership with the City of Carmel! Sincerely, Kevin Osburn, PLA, ASLA Principal attachment: REA Standard Fee and Reimbursement Schedule Accepted: CITY OF CARMEL By: Date: STANDARD FEE AND REIMBURSEMENT SCHEDULE Indianapolis, IN I Louisville, KY Effective January 2016 Rates indicated are subject to semi-annual review and revision PROFESSIONAL AND TECHNICAL STAFF Standard mileage rate Principal LA $205.00/hour Planner I $190.00/hour Civil Engineer I $150.00/hour Associate LA $145.00/hour Professional Staff (Registered LA) $125.00/hour Planner II $120.00/hour Technical Staff (Graduate LA/Planner) $100.00/hour Administrative $75.00/hour A surcharge of fifty percent (50%) will be added to hourly rates for expert witness testimony and/or for participation at hearings, depositions, etc. REIMBURSABLE EXPENSES Mileage Standard mileage rate Travel, Lodging, and Meals Cost Telephone, Telex, Telecopy, Faxes, etc. Cost Postage, Handling, etc. Cost Copies Black & White (8'/z x 11) $0.05/copy Black & White (11 x 17) $0.10/copy Color In -House Printer 81/2 x 11 Inkjet $1.00 8'/2 x 11 Presentation $1.50 81/2 x 11 Photo Paper $2.50 11 x 17 Inkjet $2.00 11 x 17 Presentation Paper $2.75 11 x 17 Photo Paper $3.50 CD Copies $5.00 Plots Black & White In -House Plots Bond $1.00 SF Vellum $1.50 SF Mylar $1.75 SF Color In -House Plots Heavy bond $4.00 SF Semi -Gloss $5.00 SF High -Gloss $6.00 SF Materials Cost + 5% Equipment Rental Cost + 5% Subcontract Services Cost + 5% INVOICES Invoicing and payment schedule are detailed in the contract. Balances remaining unpaid after thirty (30) days are subject to a monthly finance charge of 1.5% (18% annually) until paid. RUNDELL ERNSTBERGER ASSOCIATES INDIANAPOLIS, IN I LOUISVILLE, KY I w .reasite.com E), V EXHIBIT B Invoice Name of Company. Address & Zip. Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Date: Signature Printed Name Goods Services Person Providing Date Goods/Services Provided Cost Per Hourly Total Goods/Services Goods/ (Describe each good/service Item Rate/ Service separately and in detail) . Hours Provided Worked GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker's Compensation & Disability Statutory Limits Employer's Liability: Bodily Injury by Accident/Disease: $100,000 each employee Bodily Injury by Accident/Disease: $250,000 each accident Bodily Injury by Accident/Disease:. $500,000 policy limit Property damage, contractual liability, products -completed operations: General Aggregate Limit (other than Products/Completed Operations): $500,000 Products/Completed Operations: $500,000 Personal & Advertising Injury Policy Limit: $500,000 Each Occurrence Limit: $250,000 Fire Damage.(any one fire): $250,000 Medical Expense Limit (any one person): $ 50,000 Comprehensive Auto Liability (owned, hired and non -owned) Bodily Single Limit: Injury and property damage: Policy Limit: Umbrella Excess Liability Each occurrence and aggregate: Maximum deductible: $500,000 each accident $500,000 each accident $500,000 $500,000 $ 10,000 EXHIBIT D AFI MAVIT being first duly sworn, deposes and says that he/she is familiar with and has personal knowledge of the facts herein and, if called as a witness in this matter, could testify as follows: I am over eighteen (18) years of age and am competent to testify to the facts contained herein. 2. I am now and at all times relevant herein have been employed by Ko 1 n (die "Employer") in the position of 62AY7 ev 3. I am familiar with the employment policies, practices, and procedures of the Employer and have the authority to act on behalf of the Employer. 4. The Employer is enrolled and participates in the federal E -Verify program. Documentation of this enrollment and participation is attached and incorporated herein. 5. The Employer does not knowingly employ any unauthorized aliens. 6. To the best of my information and belief, the Employer does not currently employ any unauthorized aliens. 7. FURTHER AFFIANT SAYETH NOT. EXECUTED on the 1 J day of �✓'/ , 20& % czd;e-� Printed: C440 ' )Ar- kho I certify under the penalties for perjury under the laws of the United States of America and the State of Indiana that the foregoing factual statements and representations are true and correct. i JAMES BRAINARD, MAYOR LETTER OF TRANSMITTAL Date: March 29, 2016 To: Doug Haney Department of Law From: Jeremy Kashman :jKt1-- Department of Engineering RE: Rundell Ernstberger Associates Contract A Professional Services contract is needed for Rundell Ernstberger Associates for the April 201h BPW meeting, please. Attached please find Rundell Ernstberger Associates' scope of work and purchase order. CNo. e.:_Co`ntract is-subje-ct-to-the-availability-of-funds-from-the-2016-COIT-Bond-� Contract Information: Project Name #16 -ENG -15; Hazel Dell Parkway and Keystone Parkway Roundabout Landscape Design Vendor: Rundell Ernstberger Associates Amount: $79,000.00 Appropriation: P.O. 33689; 2016 COIT Bond Signature: Kevin Osburn Address: 618 Market Street Indianapolis, IN 46202 Phone: 317/263-0127 Fax: 317/263-2080 Email: kosburn@reasite.com DEPART\4ENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.5712441 Faux 317.571.2439 EtiMAIL engineering«carmel.in.gov Cityof Carmel INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 Page 1 of 1 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 33689 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/P CARMEL, INDIANA 46032-2584 VOUCHER, DEUVERY MEMO, PACKING SLIPS, FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 3/29/2016 276515 Project 16 -ENG -15 RUNDELL ERNSTBERGER ASSOCIATES INC Engineering VENDOR 618 E MARKET ST SHIP 1 Civic Square TO Carmel, IN 46032 - INDIANAPOLIS, IN 46202 - Kate Lustig CONFIRMATION BLANKET I CONTRACT PAYMENT TERMS FREIGHT QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 2200 1 Each Send Invoice To: Skip Tennancour 8425 Wicklow Way Brownsburg, IN 46112 Account: 94-650.04 Fund: 0 COIT Bond Fund Hazel Dell Parkway and Keystone Parkway RAB Landscape $79,000.00 $79,000.00 Design Services Sub Total $79,000.00 2016 COIT Bond PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT PAYMENT $79,000.00 SHIPPING INSTRUCTIONS 'SHIP PREPAID. 'C.O.D. SHIPMENT CANNOT BE ACCEPTED. 'PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL 'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. AIP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. /,�� ORDERED BY TITLE P CONTROL NO. 33689 CLERK -TREASURER jArx Sub Total $79,000.00 2016 COIT Bond PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT PAYMENT $79,000.00 SHIPPING INSTRUCTIONS 'SHIP PREPAID. 'C.O.D. SHIPMENT CANNOT BE ACCEPTED. 'PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL 'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. AIP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. /,�� ORDERED BY TITLE P CONTROL NO. 33689 CLERK -TREASURER