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HomeMy WebLinkAboutRundell Ernstberger Associates, Inc/Eng/45,000/City Center Drive Fence Replacement - Design Rundell Ernstberger Associates,Inc. Enginnering Department-2019 Appropriation#2200 43-401.00 Fund;P.O.# 103043 Contract Not To Exceed$45,000.00 41410kItit 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, Inc., (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. [S:.ntraas.ProLSvc&Goods Svcs\Engmeermg12019\Rundell Pmstbager Associates,Inc.Professional Serrioes.doc:8/62019 3:53 PM] 1 Rundell Ernstberger Associates,Inc. Enginnering Department-2019 Appropriation#2200 43-401.00 Fund;P.O.# 103043 Contract Not To Exceed$45,000.00 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 2017 LOIT 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 Forty Five Thousand Dollars ($45,000.00) (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. [S:`,Contracts\Prof.Svu&Goods Svcs\Engmeeriog12019\Roosted Pmstberger Ascocietu,Inc.Prof imal Servicos.doc:8/62019 3:53 PM] 2 Rundell Ernstberger Associates,Inc. Enginnering Department-2019 Appropriation#2200 43-401.00 Fund;P.O.# 103043 Contract Not To Exceed$45,000.00 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, 2019, 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. [S:lContracts\Prof.Svcs&Goods Svcs\Engineering\2019Utundell Emstberger Associates,Inc.Professional Scrvicos.doc:8/6R019 3:53 PM] 3 Rundell Ernstberger Associates,Inc. Engineering Department- 2019 Appropriation#2200 43-401.00 Fund;P.O.# 103043 Contract Not To Exceed$45,000.00 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 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. [S:\Contracts\Prof.Svcs&Goods Svcs\Engmeering\2019 Rundell Emstberger Associates,Inc.Professimal Services.doc:S/6/2019 3:53 PM] 4 Rundell Ernstberger Associates,Inc. Enginnering Department-2019 Appropriation#2200 43-401.00 Fund;P.O.# 103043 Contract Not To Exceed$45,000.00 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. [S.Contracts\ProfSvcs&Goods Svcs\Engineenng12019\Rundcll Emstberger Associates,Inc.Professional Servias.doc:8/6/2019 3:53 PM] 5 Rundell Ernstberger Associates,Inc. Enginnering Department-2019 Appropriation#2200 43-401.00 Fund;P.O.# 103043 Contract Not To Exceed$45,000.00 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 Douglas C. Haney Department of Engineering Corporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 PROFESSIONAL: Rundell Ernstberger Associates, Inc. 618 East Market Street Indianapolis, IN 46202 ATTENTION: Kevin Osburn 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. 7.17 Non-Assignment Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder without City's prior written consent. [SAContracts\Prof.Sva&Goods Svcs\Engumenng\2019\Ruodcll Emstbe,ger Associates,Inc.Professional Services.doc:8/62019 3.53 PM] 6 Rundell Ernstberger Associates,Inc. Enginnering Department-2019 Appropriation#2200 43-401.00 Fund;P.O.# 103043 Contract Not To Exceed$45,000.00 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. 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. [SAContracts\Prof.Svcs&Good Svcs\Pmgineetmg\20l9Uttmde0 Ernstberger Associates,Inc.Professional Services.doc:8/62019 3.53 PM] 7 Rundell Ernstberger Associates,Inc. Enginnering Department-2019 Appropriation#2200 43-401.00 Fund;P.O.# 103043 Contract Not To Exceed$45,000.00 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 Debarment And Suspension 26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term "principal" for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. 26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City's request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 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:`Cootraa\Prof.Sva&Goods Sva\Engmeenngl2019\Runde0 Ernstberger Associates Inc.Professional Serv,ca.doc:8/62019 3:53 PM] 8 Rundell Ernstberger Associates,Inc. Enginnering Department-2019 Appropriation#2200 43-401.00 Fund;P.O.# 103043 Contract Not To Exceed$45,000.00 IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA Rundell Emstberger Associates, Inc. by and through its Board of Public Works and Safety BY: BY: ,7"..44..icatorf mes Brainard, Presi i g 0ffi A horized Signature Date: 1 Printed Name: Kevin Osburn, PLA,ASLA Title: President Mary nn B e,Mem r Date: S / 1 g FID/TIN: 47-3398747 Last Four of SSN if Sole Proprietor: Lori S. Watso a ber Date: 9 August 2019 Date: ATT i Lchristine S. I , CI -Treasur Date: / IS.^GantrcuNrdSsah Goods Sreangmeangs2019VIuodell Esustberges Associates.Inc.Ptdevioost Soniao4ocs/6f10I93:53PMI 9 INDIANAPOLIS r 1 RUNDELL ERNSTBERGER ASSOCIATES reainaylareasitecom „wwreas„scam '�-�' 11 July 2019 Z2O0-1-13y 01 00 Mr. Jeremy Kashman City Engineer City of Carmel One Civic Square Carmel, IN 46032 RE: CITY CENTER DRIVE FENCE REPLACEMENT Proposal for Design Services Dear Jeremy: Rundell Ernstberger Associates (REA) is pleased to submit this proposal for design services related to the proposed fence replacement along the south side of City Center Drive from N. Clark Street to Carmel Garden Drive. Following is REA's understanding of the project, scope of work, anticipated timeline, and fee proposal. PROJECT UNDERSTANDING: 1. The City of Carmel seeks to develop options for a masonry wall to replace an existing fence along the south side of City Center Drive from N. Clark Street to Carmel Garden Drive. The overall length of the proposed wall is approximately 850 linear feet. 2. Preliminary options for the wall discussed with the City include a traditional brick veneer wall and a precast panel wall with thinset brick veneer(similar to other precast panels used for recent garage projects). The wall should be roughly 5'6- to 6'-0" in height and feature pilasters at regular intervals. A limestone or cast stone cap should be included. 3. The City would like options that evaluate both appearance and construction cost. 4. A schedule for the project has not been determined but the City would like to have options to consider as soon as possible. 5. REA will utilize GIS information and other base information to be provided by the for preliminary design purposes. A topographic survey may be needed for detailed design and construction documents. SCOPE OF SERVICES: Based on the above understanding, REA proposed the following scope of work for design services: 1. Project Initiation/Information Gathering: Utilizing existing survey and base information provided by the City, REA will prepare a base plan to be used for planning and design purposes. REA will visit the project site to photograph and document existing site conditions. Exhibit A- .E5---618 EAST MARKET STREET INDIANAPOLIS. INDIANA 46202 TE [3171 263.0127 FX [3171 263.2080 /If 0 City Center Drive Fence Replacement I page 2 of 4 2. Conceptual Alternatives: REA will prepare up to three (3) conceptual alternatives for the proposed wall; each alternative will include an elevation of each side of the wall, a cross section, proposed landscape treatments, and a preliminary construction cost opinion. Upon completion, REA will present the preliminary concepts to the City.We expect one (1) meeting with the City to review the concepts, and receive feedback. 3. Preferred Option: Based on feedback received, REA will prepare the final design concept for the proposed wall to include an overall plan, elevation of each side of the wall, a cross section, proposed landscape treatments,and updated preliminary construction cost opinion. REA will also provide an estimated total project cost to include design services and construction. 4. Construction Documents: Upon approval of the Preferred Option and notice to proceed with detailed design, REA will prepare the construction document package to include construction drawings and specifications. The construction drawings will include site demolition, layout, grading, planting, and structural plans and details. REA will also prepare technical specifications for the project and combine these with the City's standard front end specification sections. REA will provide the City with one (1) hardcopy set and one (1) digital PDF set of final drawings and specifications for bidding of the project. REA anticipates up to two (2) meetings with the City to review the drawings at the 50%and 95%completion stages. 5. Bidding: REA will attend the pre-bid meeting, if required. During the bidding process, REA will address contractor questions, prepare addenda, issue clarifications, and revise drawings as necessary. Upon opening of bids, REA will review bids and prepare a bid recommendation letter to the City for review and approval. 6. Construction Administration: REA will attend the pre-construction meeting. During construction, REA will observe construction activities and report on construction progress to the City. REA anticipates attending up to five (5) construction progress meetings and site visits. REA will review shop drawings and submittals, respond to written RFIs, and clarify documents as necessary. REA will participate in a final walkthrough inspection in order to prepare a substantial completion punch list. 7. Project Closeout/Record Documents: REA will receive, and review as-built plans and data from the contractor. Once as-builts have been reviewed and accepted as satisfactory, REA will prepare and deliver final project record documents to the City in both AutoCAD and PDF format. SCHEDULE: We anticipate the following timeline for completion of the above services: Conceptual Alternatives 3-4 weeks Construction Documents 4-6 weeks Bidding/Addenda 3-4 weeks Construction Administration/Closeout 8-12 weeks Exhibit aC City Center Drive Fence Replacement I page 3 of 4 COMPENSATION: Based on the above Scope of Services and Schedule, REA proposes a fee of $45,000.00 in accordance with the following fee schedule: Preliminary Design (Scope items 1-3) $11,250.00 Construction Documents $22,500.00 Bidding $2,250.00 Construction Administration/Project Closeout $8,500.00 Expenses $500.00 • 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. • Reimbursable expenses will be billed in accordance with the attached schedule. ADDITIONAL SERVICES: Any services beyond those listed above are not included in the scope of work and fee for this project. If required, these services shall be provided if authorized by the City through an approved amendment of this agreement. Additional services will be billed at our standard hourly rates (see attached schedule) or on a negotiated fee basis. Additional services may include, but are not limited to the following: • Preparation of topographic surveys • Preparation of potholing or other utility investigations • Preparation of utility relocation plans required due to conflicts between existing utility infrastructure and proposed site infrastructure • Preparation or coordination of utility coordination agreements • 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 • Preparation and submittal of any permits • 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) signed original to this office. Should you elect to execute a different form of agreement, please attach a copy of this letter as an exhibit. Exhibit a�5 City Center Drive Fence Replacement I page 4 of 4 I have tried to outline the steps I believe are necessary for a successful completion of this project. Thank you for the opportunity to continue our work with the City of Carmel! If you have any questions or concerns regarding this proposal, please contact me. Sincerely, leizipteolawvv., Kevin Osburn, PLA,ASLA President attachments: REA Standard Hourly Rate and Reimbursement Schedule Exhibit g,i , j STANDARD FEE AND REIMBURSEMENT SCHEDULE Effective January 2019 Rates indicated are subject to semi-annual review and revision PROFESSIONAL AND TECHNICAL STAFF Principal LA $210.00/hour Planner I $200.00/hour Sr. Project Manager $184.00/hour Civil Engineer I $163.00/hour Associate LA $158.00/hour Professional Staff(Registered LA) $137.00/hour Planner II $132.00/hour Technical Staff(Graduate LA/Planner) $110.00/hour Administrative $84.00/hour Construction Inspection Manager $117.00/hour Construction Inspection Field Technician $98.00/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 Postage, Handling, etc. Cost Copies Black &White (8 1/2 x 11) $0.05/copy Black &White (11 x 17) $0.10/copy 81/2 x 11 Inkjet $1.00 81/2 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 Plots Black &White In-House Plots Bond $1.00 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. Exhibit /� L RUNDELL ERNSTBERGER ASSOCIATES / 1 NDIANAOL S N -OUISV'LLE KY www reasite EXHIBIT B Invoice Date: Name of Company: Address &Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: 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: $500,000 each accident Injury and property damage: $500,000 each accident Policy Limit: $500,000 Umbrella Excess Liability Each occurrence and aggregate: $500,000 Maximum deductible: $ 10,000 EXHIBIT D AFFIDAVIT Kevin Osburn ,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: 1. 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 Rundell Ernstberger Associates, Inc. (the"Employer") in the position of President/Managing Principal 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 and has provided documentation of such enrollment and participation to the City of Carmel, Indiana. 5. The Company does not knowingly employ any unauthorized aliens. FURTHER AFFIANT SAYETH NOT. EXECUTED on the 14th day of_August , 20 19 . a�{�S Printed: Kevin Osburn 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. Printed: Kevin Osburn INDIANA RETAIL TAX EXEMPT Page 1 of 1 Caof Carmel CERTIFICATE NO.003120155 002 0 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 103043 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES,NP CARMEL, INDIANA 46032-2584 VOUCHER,DELIVERY MEMO,PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL-1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO DESCRIPTION 7/30/2019 276515 Project 19-03;Contract Date 08.21.19 RUNDELL ERNSTBERGER ASSOCIATES INC City Engineering's Office VENDOR 618 E MARKET ST SHIP 1 Civic Square TO Cannel, IN 46032- INDIANAPOLIS,IN 46202- Kate Lustig PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 38414 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 2200 Fund: 2200 Motor Vehicle Highway Account: 43-401.00 1 Each City Center Drive Fence Replacement-Design $45,000.00 $45,000.00 Sub Total $45,000.00 .ct OF CA R4fAk, Ill ie i II Siang, Send Invoice To. City Engineering's Office Kate Lustig 1 Civic Square /�[� Cannel, IN 46032- ` •j�I �"�1►1 �� PLEAS__E INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT PAYMENT $45,000.00 SHIPPING INSTRUCTIONS 'NP 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 'SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN *C.O.D.SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. 'PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL 144•-ee•Leva *THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO ORDERED BY Jeremy Kashman James Crider TITLE Director Administration CONTROL NO. 1 03043 CLERK-TREASURER