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Home My WebLink AboutVS Engineering/Eng/150,850/Ditch Road Trail – 96th Street to Existing Trail - DesignVS Engineering, Inc. Engineering Department - 2016 Appropriation #94-650.04; 2016 COIT Bond, $134,400.00 P.O. #33946; 2016 Storm Water Bond, $16,450.00 P.O. # 33947 Contract Not To Exceed $150,850.00 AGREEMENT- FOR PROFESSIONAL SERVICES * �A 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 VS Engineering, Inc. (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 [S:\Connaas\PmLSv & Goods Svcs\Engin=ring\2016\VS EnSin—hig Pro(cssionrd Savi—d-5/182016 2:16 PK VS Engineering, Inc. Engineering Department 2016 Appropriation #94-650.04; 2016 COIT Bond, $134,400.00 P.O. #33946; 2016 Storm Water Bond, $16,450.00 P.O. # 33947 Contract Not To Exceed $150,850.00 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 and 2016 Storm Water 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 One Hundred Fifty Thousand Eight Hundred Fifty Dollars ($150,850.00) (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. [S9ContractsWrof.Svcs & Goods SvcsTnginmring@016\VS Enginaring Professional Scrviccs.docx:5/1820162:16 PM[ 2 VS Engineering, Inc. Engineering Department - 2016 Appropriation #94-650.04; 2016 COIT Bond, $134,400.00 P.O. #33946; 2016 Storm Water Bond, $16,450.00 P.O. # 33947 Contract Not To Exceed $150,850.00 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. 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 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 Bindinq 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. [SAConnacls\ProLSva & Goals SvesTngineaing12016M Engineering Pcofu Tonal Savices.docx:5/182016 2:16 PM[ VS Engineering, Inc. Engineering Department - 2016 Appropriation #94-650.04; 2016 COIT Bond, $134,400.00 P.O. #33946; 2016 Storm Water Bond, $16,450.00 P.O. # 33947 Contract Not To Exceed $150,850.00 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 misconduct 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. [SACrnvrnctslPmf.Svc & Goods Svcs\Enginccring\2016\VS E ginccring Profcssional Scrvi—d—:5/18(1016 2:16 PM] 4 VS Engineering, Inc. Engineering Department - 2016 Appropriation #94-650.04; 2016 COIT Bond, $134,400.00 P.O. #33946; 2016 Storm Water Bond, $16,450.00 P.O. # 33947 Contract Not To Exceed $150,850.00 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. [S:\Con1rx1s\Prof.Sv & Goods Sv Tngincaing\2016\VS Enginccring Profmion+d Smiccs:docx:5/182016 2:16 PN9 VS Engineering, Inc. Engineering Department - 2016 Appropriation #94-650.04; 2016 COIT Bond, $134,400.00 P.O. #33946; 2016 Storm Water Bond, $16,450.00 P.O. # 33947 Contract Not To Exceed $150,850.00 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: VS Engineering, Inc. 4275 North High School Road Indianapolis, Indiana 46254 ATTENTION: Sanjay Patel, P.E. 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 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. 1S:\ConlractslPwf.SY s & Goods Sws\Enginccring\2016\VS Enginccru.g Pro[cssim l S—iccs.1—:5/182016 2:16 PM] VS Engineering, Inc. Engineering Department - 2016 Appropriation #94-650.04; 2016 COIT Bond, $134,400.00 P.O. #33946; 2016 Storm Water Bond, $16,450.00 P.O. # 33947 Contract Not To Exceed $150,850.00 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. [SAComractsTmLSv & Goals Sves\Engin=dngN201aVS Enginccring Profmi-al Smi—d=:5/182016 2:16 PNU VS Engineering, Inc. Engineering Department - 2016 Appropriation #94-650.04; 2016 COIT Bond, $134,400.00 P.O. #33946; 2016 Storm Water Bond, $16,450.00 P.O. # 33947 Contract Not To Exceed $150,850.00 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 sec., as amended. (remainder of page intentionally left blank) [S:\Conlracis\Pmf.Svm & Goads Svcs\Enginwring\2016\VS Enginccring Professional S—iccsdocx:51182016 2:16 PK VS Engineering, Inc. Engineering Department - 2016 Appropriation #94,.650.04;,2016 COLT Bond, $134,400.00 P.O. #33946; 2016 Storm Water Bond, $16,450.00 P.O.0 33947 Contract Not'I'o Exceed $150,350.00 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA VS Engineering, Inc. by and through its Board of Public Works and Safety BY: BY: "<5z�- � xy /e& ames Brainard Presiding Offic r Authorized Signatu e bare:� n Iz Printed Name: Sanjay B. Patel, P.E Title: President Mary An <e, em er Date: . 2(� FID/TIN: 35-1494479 Lori S. Watson, Member Date: A Last Four of SSN if Sole Proprietor: Date: May 23, 2016 �3'[mU.:Nfa65m,'�Cm1i S..PCnfi�ct,in_Ln7165\'S Fnr2.Yii�¢ h:fa.•i,ud Stoi::cdxc4lA!}71G l:IF M11 9 1 Tv VS ENGINEERING, INC. Civil • Structural • Transportation • Environmental SCOPE OF SERVICES Date of Proposal: May 13, 2016 Project Description: Ditch Road Path Carmel, Indiana Project Intent: This trail project provides a connection between 96th Street and an existing trail north along Ditch Road approximately 3,250 feet in length. The project will utilize 100% Local funds. The intent of this trail project is to design and construct the proposed trail within the existing Right -of -Way where feasible. Design Services BASIC SERVICES I. Path Design A. Key elements to the design phase include the following: 1. Develop Construction Plans 2. Design of new ADA compliant curb ramps, where required. 3. New 10' (Preferred Width) path in areas where sidewalk does not currently exist. 4. Design and construct the proposed trail within the existing right-of-way. 5. Drainage design as required to perpetuate drainage. 6. Prepare with the necessary specifications and Quantity calculations 7. Cost estimate will be provided. 8. Provide Hydraulic Analysis for 1 Legal Drain and 2 pipe culvert extensions. See Section E 9. Provide Benchmark in the plans as directed by the city engineers office. B. Design Plans 1. The following design plan submissions will be made as part of this project: a. Preliminary Plans & Field Check (40%) submittal to the City of Carmel b. Final Plans (95%) submittal to the City of Carmel c. Tracings submittal to City of Carmel C. Rule 5 Erosion Control Permit It is anticipated that the disturbed area will be in excess of 1 acre and will require a Rule 5 Erosion Control Permit. VS will develop the erosion control plans and Stormwater Pollution Prevention Plan (SWPPP). VS will submit the Erosion. Control Plans and SWPPP to the Hamilton County Soil & Water Conservation District for review and approval. Upon receipt of sufficiency of plans VS will submit the NOI form to IDEM for approval and issuance of the permit. D. Bidding Phase Services VS shall provide bidding assistance for one (1) construction contract letting. The elements associated with this task are as follows: 1. Prepare bid advertisement for the City of Carmel to publish. 2. Print and distribute plans and specifications (12 copies) and track plan holders. 3. Receive and respond to contractor inquiries regarding bidding documents. 4275 North High School Road Indianapolis, Indiana 46254 (317) 293-3542 Tel (317) 293-4737 Fax-K- www.vsengineering.com 4. Issue addenda to Bid Documents 5. Conduct one (1) pre-bid meeting a) Attend pre-bid meeting b) Prepare and distribute addenda and meeting minutes. 6. Prepare bid recommendation a) Receive and review bids for responsiveness. b) Prepare bid tabulation and make recommendation to the City of Carmel regarding award of construction contract. 7. Attend bid opening, and contract award meeting. 8. Conduct one (1) pre -construction meeting. a) Attend pre -construction meeting b) Prepare and distribute addenda and meeting minutes. E. Hydrologic and Hydraulic Analysis (3 Structures) 1. VS will performed a hydrologic analysis to determine the demand created on the existing and proposed improvements by the upstream watershed. a. Watershed delineation b. Watershed characteristic evaluation c. Design storm determination d. Design flow determination 2. VS will perform a hydraulic analysis to determine the capacity of the existing and proposed improvements. a. Pipe and/or channel characteristic evaluation b. Scour protection evaluation c. Headwater analysis d. Overtopping analysis 3. Structure 146 is anticipated to be relined. It is a legal drain that will require review by the county surveyors office 4. Structure 147 will be replaced. It is not a legal drain 5. Structure 148 is damaged. It will be repaired and lengthened It is a legal drain that will require minimal review. Utility Coordination VS shall conduct office reviews, field inspections, investigations, and meetings as needed for utility relocations adjustments. VS shall provide legal notice before entering private property. VS shall prepare agreements and authorization letters for utility relocations/adjustments. After Preliminary Plans, VS shall distribute plans with a tentative project schedule to the utility companies. Also, VS shall request submittal of relocation plans with an estimated relocation schedule. All plan revisions affecting utilities shall be sent to the affected utilities. VS shall obtain written documentation from all utility companies whether relocations are required or not. VS shall review relocation plans and schedules and submittals to verify that all conflicts are resolved. At the appropriate time, the City of Carmel will provide written notice for the utility to proceed. VS shall distribute two copies of the utility written notice to proceed with approved utility relocation plans to the City of Carmel. VS shall provide the following items for all utilities within the project limits to the City of Carmel prior to the contract letting: P I - i !'E3 i 1. Utility contact with phone number, 2. Utility relocation plans and/or description of relocation if relocation is necessary, 3. Total schedule for relocation, if relocation is necessary, including material delivery, weather restraints, pre -work requirements, coordination issues, need for right-of-way staking and construction time, 4. Utility Coordination Certification. G. Construction Phase Services A. VS shall provide engineering services to the City of Carmel during construction, including: B. Review the initial construction schedule. Ongoing management of the construction schedule is assumed to be completed by others. C. Prepare for and attend one Preconstruction Meeting in the City of Carmel. Provide meeting minutes and answer contractor questions, as needed. D. Review necessary shop drawings provided by others, including: a. Receive shop drawings and falsework drawings. Check for completeness. b. Review approved shop and falsework drawings, specifications, and other submissions, record receipt of this data, maintain a file of all drawings and submissions, and check construction for compliance in accordance with the Contract Documents. Schedule VS is committed to the following project schedule: Days from NTP to Task Completion 1. Notice to Proceed 0 2. Project Kickoff Meeting 7 3. Field Survey and Data Collection 90 4. Preliminary Plans (40% Design) 120 5. Final Plans (95% Design) 150 6. Construction Plans (100% Design) 180 7. Advertise for Bids TBD EXHIBIT -L ' VSENGINEERING, INC. Civil • Structural • Transportation • Environmental Date of Proposal: Project Description: SCOPE OF SERVICES April 11, 2016 Ditch Road Trail Indianapolis, Indiana VS ENGINEERING, INC. (VS) shall provide field surveying services for the above referenced project. VS shall furnish all labor, materials, and equipment to perform the surveying services described below for the fee identified below. Field Surveying Services BASIC SERVICES A. VS shall survey the project location and provide one set of original field notes, all field survey data collected via electronic media, and one set of master drawings. VS shall obtain section corner, right-of-way, easement, and state plane coordinate information as necessary to satisfactorily complete the basic field survey services described herein within the project limits. VS shall prepare and record a Location Control Route Survey. VS work shall be in accordance with Indiana Code (I.C. 25-21.5); Indiana Administrative Code (865 I.A.C. 1-12); and the Design Manual, Indiana Department of Transportation, Part III, Location Surveys (Surrey Manual), a copy of which is on file with INDOT. If there is any conflict between I.C. 25-21.5, 865 I.A.C. 1-12, or the Survey Manual, the order of precedence shall be: 1. I.C. 25-21.5, 2. 865 I.A.C. 1-12, and 3. Survey Manual B. Electronic files including the following shall be prepared and submitted by VS as directed by client: 1. Finished plan view of topographic survey in AutoCAD .dwg format 2. 1 -foot contours in AutoCAD .dwg format 3. TIN used to create contours as derived from Civil 3D in .xmI format 4. Electronic points file in .txt or .xmI coordinate format. 5. Location Control Route Survey Plat in .pdf format. 6. Survey Book in .pdf format. 4275 North High School Road Indianapolis, Indiana 46254Q 1 (317) 293-3542 Tel (317) 293-4737 Fax -L_.1--- www.vsengineering.com C. The signature, seal, and registration number of the land surveyor, registered in the State of Indiana, who was in responsible charge of the survey, shall be affixed to the Location Control Route Survey and the survey book submitted. In addition, VS shall complete the field survey as summarized below and as directed by the Client. The project area to be field surveyed is described as follows: Survey Limits (See Attachment No. 1) Ditch Road Beginning at the intersection of 96th Street and Ditch Road, survey north 3,225 feet. The width of survey will vary between 50 feet and 75 feet on the east side of Ditch Road, and to the edge of pavement on the west side. Culvert Crossings Where the four culverts run underneath the road, an additional 50 foot wide area will be surveyed (25 feet on each side from the centerline of the culvert) on the opposite side of Ditch Road where the proposed trail will run. Total survey includes approximately 3,225 feet of roadway. D. Obtain last deed of record, subdivision plats, and section or auditor plats for all properties within the project limits from local and state agencies. The property information shall include parcel number, property owner's name, mailing address and property location. VS shall provide a listing of all property information, deeds, plats, and maps. E. Send out survey notices together to all property owners within the project area. All survey notices and questionnaires shall be approved by Client prior to distribution. F. Establish Primary Horizontal Control within the project limits such that the survey base line(s) can be re-established during construction. The coordinate system used will be a local ground system referenced to the East Zone of the Indiana State Plane Coordinate System, NAD83(2011). G. Establish on-site elevation using NGS, DNR or Hamilton County Surveyor's benchmarks. Set temporary bench marks within the project limits such that elevation datum can be re- established during construction. H. Tie in the survey base lines to available USPLSS section corners and/or existing property/right-of-way monumentation. All necessary section corners will be located or re- established to adequately define property lines along the limits of the project. I. Plot right-of-way and property lines based on observed physical evidence and record documents acquired from local government agencies. J. Coordinate with all utility companies to locate and mark their utilities in field. VS shall notify the utilities via the call before you dig notification system (Indiana Underground Plant Protection Service (I.U.P.P.S.)). VS shall verify that each utility has field located their facilities during the course of the design survey. The existing facilities located, at the time EXH 6 1-I 2 of 3O of the field survey, shall be incorporated into the design survey. In addition, VS shall provide listing of all utilities and all information available for that utility including address, and telephone number. K. Perform design survey in sufficient detail to obtain topographic data, buildings, walls, walks, signs, vaults, and natural and man made features, as evidenced by facilities at the ground surface and marks by others, necessary for the development of project plans, including all potentially affected trees, 6 inches in diameter and greater, identified by size. L. Take cross sections at specified intervals across the right-of-way of public roadways and or the project limits (as described above). whichever is further out. Additional cross sections shall be taken at intersection of streets, roads, railroads, driveways, etc. Obtain elevations of all existing structures such as drainage culverts, utilities and other structures. Spot elevation data will be provided at: M. Indicate spot elevations at all, break in grade, ramps, area ways, tree grates, etc. within the project limits, and at top and bottom of curb. N. Provide a listing of all symbols, notations and legends used in the field survey. VS shall furnish a hard copy together with all field survey information collected on electronic media. VS shall also prepare master drawings (1 -foot contours) from data collected in topographic survey using AutoCAD Civil 3D and shall submit a hard copy together with electronic format. VS shall delineate and label the location of all buildings, structures, fences, railings, signs, walls, walks, paved areas, curbs and other permanent structures and existing improvements. VS shall outline all building edges, insets and projections, and below grade structures such as vaults, basements, and areaways where applicable, as evidenced by facilities at the ground surface and marks by others. O. Prepare and record a Location Control Route Survey Plat depicting existing alignments and right-of-way. Property lines and owner information for adjoining properties will be shown, but not dimensioned. Fee Schedule Topography Survey.................................................................................$ 23,600.00 J:\Survey\Proposals\2016\VSE\Ditch Road\Ditch Road Trail - Survey Scope.doc EXII.1 11 3 of 3 = VSENGINEERING, INC. Civil i Structural - Transportation . Environmental TITLE RESEARCH AND RIGHT-OF-WAY PLAN DEVELOPMENT PROPOSAL Page 1 of 2 Date of Proposal: May 13, 2016 Project Description: Ditch Road Trail — Intersection of 96th Street and Ditch Road Hamilton County, Indiana VS ENGINEERING, INC. (VS) shall provide 12.2 Title Research and 11.1 Right-of-way Plan Development services for the above referenced project (See Attachment No. 1) for the fees defined below. Services to be provided by VS are limited to the following: Title Research Services A. Conduct 20 year search of chain of title and prepare T&E Reports in accordance with the INDOT 12.2 Classification Requirements. B. Prepare Title Updates for T&E Reports in accordance with the INDOT 12.2 Classification Requirements. Right-of-way Plan Development Services A. Prepare legal descriptions, right-of-way parcel plats, acquisition instruments and other materials to be used in the acquisition of right-of-way, and maintain LRS in accordance with the INDOT 11.1 Classification Requirements, INDOT Right-of-way Engineering Procedure Manual, and 865 I.A.C. 1-12. B. Stake the proposed Right-of-way at all Design Bend Points and at Property Lines with a 12 inch hub and lathe in earthen areas and with 3 Mag Nail in pavement areas unless directed otherwise. Any additional work or any variance from the monuments designated to be set can be accommodated via an addendum to this proposal. 4275 North High School Road Indianapolis, Indiana 46254 (317) 293-3542 Tel (317) 293-4737 Fax o www.vsengineering.com �� F VS ENGINEERING INC. Ditch li t � Road Trail — Civil Structural Transportation Environmental Intersection of 96th Street and Ditch Road Page 2 of 2 TITLE RESEARCH AND RIGHT-OF-WAY PLAN DEVELOPMENT SERVICES: Task Rate Comment T&E Reports (Permanent Taking) $450.00 Per each State Tax Id. Number Researched T&E Reports (Temporary Taking) $275.00 Per each State Tax Id. Number Researched Title Updates $250.00 Per each State Tax Id. Number Researched Right-of-way Engineering (Permanent) $2,450.00 Owner(s) Initial Parcel Addn. Right-of-way Engineering (Perm.) $2,250.00* Any Additional Parcel of the Same Owner Right-of-way Engineering (Temporary) $2,250.00 Owner(s) Initial Parcel Addn. Right-of-way Engineering (Temp.) $2,050.00* Any Additional Parcel of the Same Owner Right-of-way Staking $650.00 Owner(s) Initial Parcel Addn. Right-of-way Staking $450.00* Any Additional Parcel of the Same Owner Eliminate Parcel Due to No Take $612.50 Eliminate Parcel Once Created Revision to Any Parcel $1,225.00 Revision Due to Design Change * Initial parcel of the owner(s) land will be invoiced per the defined initial unit fee. Any additional parcels of the same owner(s) will be invoiced per the additional parcel fee on a per each basis. ESTIMATED FEE (13 Parcels (Owners) —13 State Tax Ids.): (Total fee to be increased or decreased upon determination of exact number of tax ids. and parcels) Task Rate QuAnIfty Fee T&E Reports (Permanent) ................. $450.00 ...... 13 .......... $5,850.00 Title Updates ........................... $250.00 ...... 13........... $3,250.00 R/W Engineering (Permanent) .............. $2,450.00 .... 13........... $31,850.00 R/W Staking ............................ $650.00 ...... 13........... $8.450.00 TOTAL .... $49,400.00 J:\Survey\Proposals\2016\VSE\Ditch Road\RW Eng\Ditch Road -12.2 - 11.1 - SCOPE.docx 4275 North High School Road Indianapolis, Indiana 46254 7 `�" (317) 293-3542 Tel (317) 293-4737 Fax X1, 1 F C www.vsengineering.com Tv,(#) VSENGINEERING, INC. 71 Civil • Structural • Transportation • Environmental DITCH ROAD - MULTI -USE TRAIL DESIGN SERVICES FEE SUMMARY TASK Units Unit Costas ota I Field Survey Services Lump Sum $ 23,600.00 II Right -of -Way Engineering Unit Cost $ 49,400.00 III Path Design Lump Sum $ 31,900.00 IV Rule 5 Erosion Control Permits Lump Sum $ 3,800.00 V Bidding Phase Services Lump Sum $ 4,500.00 VI Hydraulic Analysis Lump Sum $ 16,450.00 VII Utility Coordination Hourly $ 8,700.00 VIII Geotechnical Investigation (Budget) Unit Cost $ 8,000.00 IX Constuction Phase Services(Hourly) Hourly $ 4,500.00 TOTAL COST FOR DESIGN SERVICES $150,850.00 VS ENGINEERING, INC. HOURLY BILLING RATES LPA RATES CLASSIFICATION CURRENT BILLING RATE Project Manager II $200.73 Project Manager 1 $142.38 Engineer III $113.89 Engineer II $102.46 Engineer 1 $86.87 Project Scientist II $112.70 Project Surveyor II $136.65 Survey Party Chief $95.48 Survey Technician II $70.44 Survey Technician 1 $61.48 Right -of -Way Technician II $88.37 Right -of -Way Technician 1 $65.12 Project Supervisor II $104.78 Project Supervisor II - O.T. $121.28 Project Supervisor 1 $87.40 Project Supervisor I - O.T. $101.36 Project Inspector 1 $70.06 Project Inspector I - O.T. $81.25 CADD Technician II $89.53 CADD Technician 1 $70.38 V #040316 EMHOIT .A 3/29/2016 �� EXHIBIT B Invoice Name of Company. Address & Zip: Telephone No.: Fax No.: Project -Name: Invoice No. Purchase Order No: Date: Signature Printed Name Good's Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided (Describe each good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker's Compensation & Disability Employer's Liability: Bodily Injury by Accident/Disease: Bodily Injury by Accident/Disease: Bodily Injury by Accident/Disease: Property damage, contractual liability, products -completed operations: General Aggregate Limit (other than Products/Completed Operations): Products/Completed Operations: Personal & Advertising Injury Statutory Limits $100,000 each employee $250,000 each accident $500,000 policy limit $500,000 $500,000 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 IAK : UI AFFIDAVIT Sanjay B. Patel , being first dilly sworn, deposes and says that lie/shc is familiar with and has personal knowledge of the facts herein and, if called. as a witness in this matter,.could tostify as follows: 1. I am over eighteen (18) years of age and am competent to testify to the facts contained herein. 2. lam now and at all times relevant herein have been employed by VS Engineering, Inc. (the "Employer") in the -position of President 3. 1 am famillar 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 ciirollnient 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 docs not currently employ any unauthorized aliens. 7. FURTHER AFFIANT SAYETH NOT. EXECUTED on the 23 clay of May , 20 16. Lsi Printed; Sanjay B. Patel, P.E. I certify under the penalties for perjury under (lie laws of the United States of America and the State of Indiana that the foregoingfactual statements and representations are true and correct. Printed; Andrew L. Bender, P.E. U r Company ID Nu ber: 544566 To be accepted as a participant in E -Verify, you should only sign the Employer's Section of the signature page, If you have any questions, contact E -Verify at 888-464-4218. 'Employer VS ET gineering, Inc. I Richard Pierce _ Name - i =lectronicalty S19,ned '04!17/2012 )ignature - _........... Date )epartment of Hc meland Security - Verification Division USCIS Verifica ion Division _�- - ----..___ ..._.. _ ...._._.. Jame (Please Type or —tint)- ._ ...._......-�-•-----._......__,._...,..._..._....._........... ...... . ��Tltle _lectronicaily Signed 04117/2012 _----•-__-_ .._______._.___._.___..--_----f_�_______.__..._..__._._._. __._._____.._. >ignature I !Date Information Required for the E -Verify Program nformation reating to your Company_ L m an Namea'vS Engineering, Inc. Company Facijity. Address]4275 N. High School Road ;Indianapolis, IN 46254 l Company Alternate - Address: i Coun or Parish: :MARION Employer I entification ;. _.-._......_-___.._.. Number: x35149447 i Page 12 of 131 E-Verif MOU for Employer I Revision Date 09.'01109 www.dhs.gov/E-Verify ri Vfy Company ID Num er: 544566 North Ameri: an Industry Classificati n Systems Code: 41 _ Ad, inistrator: Number of Employees: 20 to 99 Number of Sites Verified for: Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: INDIANA t sitc(s) Information re ating to the Program Administrator(s) for your Company on policy questions or ' perational problems: Fax Number; (317) 293 - 4737 Fax Number: (317) 293 - 4737 Fax Number: (317) 293 - 4737 Page 13 of 131 E -Verify MOU for Employer I Revision Date 09101/09 www.dhs.gov/E-Verify Name: Sanjay B Patel Telephone Numbe : (317) 293 - 3542 ext. 117 E-mail Address: sbpatei@vsengineering.com Name: Richard L Pierce Telephone Numbe' : (317) 293 - 3542 ext. 120 E-mail Address: rpierce@vsengineering.com Name: Ameetrice Smalls Telephone Nttmbe ; (317) 293 - 3542 ext. 149 E-mail Address: asmalls@vsengineering.com Fax Number; (317) 293 - 4737 Fax Number: (317) 293 - 4737 Fax Number: (317) 293 - 4737 Page 13 of 131 E -Verify MOU for Employer I Revision Date 09101/09 www.dhs.gov/E-Verify City®� Carmel INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 Page 1 of 1 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 33946 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A1P CARMEL, INDIANA 46032-2584 VOUCHER, DELIVERY 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 I REQUISITION NO. VENDOR NO. DESCRIPTION 5/17/2016 364215 Project 16 -ENG -71; Ditch Road Trail - 96th Street Connect to Existing Trail V S ENGINEERING, INC City Engineering's Office VENDOR 4275 NORTH HIGH SCHOOL ROAD SHIP 1 Civic Square TO Carmel, IN 46032 - INDIANAPOLIS, IN 46254 - Kate Lustig PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 4952 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 Ditch Road Trail - 96th Street Connection to Existing Trail 2016 COIT Bond PLEASE INVOICE IN DUPLICATE DEPARTMENT I ACCOUNT SHIPPING INSTRUCTIONS 'SHIP PREPAID. 'C.O.D. SHIPMENT CANNOT BE ACCEPTED. 'PURCHASE ORDER NUMBER MUSTAPPEAR ON ALL SHIPPING LABEL 'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY TITLE CONTROL No. 33946 CLERK -TREASURER $134,400.00 Sub Total $134,400.00 $134,400.00 PROJECT I PROJECT ACCOUNT AMOUNT PAYMENT $134,400.00 ' /VP 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. Aelz� o j' Carmel City INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 Page 1 of 1 PURCHASE ORDER NUMBER JL FEDERAL EXCISE TAX EXEMPT 33947 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, AP CARMEL, INDIANA 46032-2584 VOUCHER, DEUVERY MEMO, PACKING SLIPS, FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 SHIPPING LABELSA 1D ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 5/17/2016 364215 Project 16 -ENG -71; Ditch Road Trail -96th Street Connect to Existing Trail V S ENGINEERING, INC City Engineering's Office VENDOR 4275 NORTH HIGH SCHOOL ROAD SHIP 1 Civic Square TO Carmel, IN 46032 - INDIANAPOLIS, IN 46254 - Kate Lustig PURCHASE ID BLANKET CONTRACT I PAYMENTTERMS FREIGHT 4953 QUANTITY UNIT OF MEASURE DESCRIPTION I UNIT PRICE EXTENSION Department: 2200 Account., 94-650.04 Fund: 0 . 2016 Storm Water Bond 1 Each Ditch Road Trail Design - 96th Street Connection to Existing $16,450.00 $16,450.00 Trail Sub Total $16,450.00 Send Invoice To: Jill Newport CrossRoad Engineers, P.C. 3417 Sherman Drive Beech Grove, IN 46107 2016 SW Bond/G.O. Bond/ 114 6 �� {mac � �, •3 m� � a PLEASE INVOICE IN DUPLICATE DEPARTMENT I ACCOUNT 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. ORDERED BY TITLE CONTROL NO. 33947 CLERK -TREASURER PROJECT PROJECT ACCOUNT AMOUNT PAYMENT $16,450.00 A!P 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 UNOBUGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. LETTER OF TRANSMITTAL Date: May 17, 2016 To: Doug Haney Department of Law From: Jeremy Kashman '�M1- Department of Engineering RE: VS Engineering, Inc. Contract Received 05-18-16A10:07 RCVD Cay of Carmel Department of Law A Professional Services contract is needed for VS Engineering, Inc. for the June 1 st BPW meeting, please. Attached please find VS Engineering's scope of work and purchase orders. Contract Information: Project Name Ditch Road Trail – 96th Street Connection to Existing Trail along Ditch Road Vendor: VS Engineering, Inc. Amount: $150,850.00 Appropriation: P.O. 33946; 2016 COIT Bond P.O. 33947; 2016 Storm Water Bond Signature: Sanjay Patel, PE Address: 4275 N. High School Road Indianapolis, IN 46254 Phone: 317/293-3542 Email: sbpatel(a-,)vsengineering.com