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HomeMy WebLinkAboutAmerican Structurepoint, Inc/Eng/234,630/Illinois Street and Fidelity Way Roundabout - Design American Structurepoint,Inc. Engineering Department-2019 Appropriation#202 43-509.00;P.O.#103087 Contract Not To Exceed$234,630.00 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 American Structurepoint, 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:1Coutrects\Prof.Sva&Gocds Svcs\Eugineenng\2019Wmericau Slrocncepom,Inc-Prof ioual So vi«s.doc:9/32019 11:53 AM[ 1 American Structurepoint, Inc. Engineering Department-2019 Appropriation#202 43-509.00;P.O.#103087 Contract Not To Exceed$234,630.00 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 202 43-509.00 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 Two Hundred Thirty Four Thousand Six Hundred Thirty Dollars ($234,630.00) (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. [SAContract Prof.Svn&Goods SvcslEngin ermg\2019 Amencso Stru turcpomt Inc Profusioo 1 Sanc .doc:9l3R019 11:53 AMI 2 American Structurepoint,Inc. Engineering Department-2019 Appropriation#202 43-509.00;P.O.#103087 Contract Not To Exceed$234,630.00 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:VCwtrects\Prof.Svcs&Goods Svcs\Engineermg\2019American Structurepoint,Inc.Professional Servica.doc:9l1R019 11:53 AM] 3 American Structurepoint,Inc. Engineering Department- 2019 Appropriation#202 43-509.00;P.O.#103087 Contract Not To Exceed$234,630.00 7.5 Insurance Professional shall procure and maintain with an insurer licensed to do business in the State of Indiana such insurance as is necessary for the protection of City and Professional from all claims under workers' compensation, occupational disease and/or unemployment compensation acts, because of errors and omissions, because of bodily injury, including, but not limited to, the personal injury, sickness, disease, or death of any of Professional's employees, agents or contractors and/or because of any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth on attached Exhibit C. Such insurance policies shall not be canceled without thirty(30) days' prior written notice to City. 7.6 Liens Professional shall not cause or permit the filing of any lien on any of City's property. In the event such a lien is filed and Professional fails to remove it within ten (10) days after the date of filing, City shall have the right to pay or bond over such lien at Professional's sole cost and expense. 7.7 Default In the event Professional: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Professional's warranties; (b) fails to perform the Services as specified; (c) fails to make progress so as to endanger timely and proper completion of the Services and does not correct such failure or breach within five (5) business days after receipt of notice from City specifying same; or (d) becomes insolvent, files, or has filed against it, a petition for receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to terminate all or any part of this Agreement, without liability to Professional and to exercise any other rights or remedies available to it at law or in equity. 7.8 Government Compliance Professional agrees to comply with all laws, executive orders, rules and regulations applicable to Professional's performance of its obligations under this Agreement, all relevant provisions of which being hereby incorporated herein by this reference, to keep all of Professionals' required professional licenses and certifications valid and current, and to indemnify and hold harmless City from any and all losses, damages, costs, liabilities, damages, costs and attorney fees resulting from any failure by Professional to do so. This indemnification obligation shall survive the termination of this Agreement. 7.9 Indemnification Professional shall indemnify and hold harmless City and its officers, officials, employees and agents from all losses, liabilities, claims, judgments and liens, including, but not limited to, all damages, costs, expenses and attorney fees arising out of any intentional or negligent act or omission of Professional and/or any of its employees, agents or contractors in the performance of this Agreement. This indemnification obligation shall survive the termination of this Agreement. IS:\ContractsTrofSvcn&Goods Svcs\Eogioeermg\2019 .men=StructoropomL Inc Professional Servica.doc:9/3f2019 11:53 AM) 4 American Structurepoint,Inc. Engineering Department-2019 Appropriation#202 43-509.00;P.O.#103087 Contract Not To Exceed$234,630.00 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:`Contrscts\Prof.Sva&Good,SvcslEogineermg12019\Amencso Structurepoint.Inc.Profaslonal Serv,ces.doc:9/3R019 11:53 AM] 5 American Structurepoint,Inc. Engineering Department-2019 Appropriation#202 43-509.00;P.O.#103087 Contract Not To Exceed$234,630.00 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: American Structurepoint, Inc. 9025 River Road Suite 200 Indianapolis, IN 46240 ATTENTION: Mike McBride 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. [Sf Connecu\Prof.Sva&Goods Svcs\Engmeamg\2019\Amaican Structurepoint,Inc.Professional Services.doc9/3R019 11:53 AM) 6 American Structurepoint,Inc. Engineering Department-2019 Appropriation#202 43-509.00;P.O.#103087 Contract Not To Exceed$234,630.00 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. ]S:`C®nacts\Prof.Sva&Goods SvcsEugiueamg\2019 Ammcan Suuctmepom4 Inc.Professional Services.doc:9/3/2019 11:53 AM] 7 American Structurepoint,Inc. Engineering Department-2019 Appropriation#202 43-509.00;P.O.#103087 Contract Not To Exceed$234,630.00 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:lCaatreclalProESvc &Goods Svcs\Engineering12019American Strucdaepomt,lac.Professional Servico.doc:9/32019 11.53 AM[ 8 American Structurepoint, Inc. Engineering Department-2019 Appropriation#202 43-509.00;P.O.#103087 Contract Not To Exceed$234,630.00 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA American Structurepoint, Inc. by and through its Board of Public Works and Safety BY: BY: cik /4-41Ce C.4 41--" Ja es'Brainard, Presiding Officer Authorized Signature Date: Printed Name: Cash E. Canfield, PE Title: Executive Vice President Ma Ann url , Mer�r Date: // FID/TIN: 35-1127117 Last Four of SSN if Sole Proprietor: Lori S.1Na , M mber Date: Or-O/ Date: j 8 ATTE : Christine S. Pauley, Cle -Try/ r To r r IS:C o,.&P,4 Sc,A(i.etk.S.,`Enpmmennp11U W'Awn..Sw:lurcp,un.Inc.Rodcca„nal S,,wsa.I,944019 I I:S3 AMI 9 Pr.ej cc+ 14-04 ■E O AMERICAN 9025 RIVER ROAD,SUITE 200 ■■ STRUCTUREPOINT INDIANAPOLIS,INDIANA 46240 TEL 317.547.5580 111 FAX 317.543.0270 • August 27, 2019 Mr. Jeremy Kashman Carmel City Engineer One Civic Square Carmel, Indiana 46032 Re: Illinois Street and Fidelity Way Roundabout Design Dear Mr. Kashman, On behalf of American Structurepoint, Inc., I am pleased to submit this proposal for roundabout design, landscape, and bidding services. The professional services will include survey, environmental survey and permitting services, roundabout design, landscape design for the roundabout, utility coordination, bidding services, right-of-way engineering,and land acquisition for the planned improvements at Illinois Street and Fidelity Way. Upon receiving notice to proceed from the City of Carmel, American Structurepoint will commence with the survey, roundabout design, and bidding services for a total lump-sum fee of $179,875. Right-of-way engineering and Land Acquisitions services will be invoiced on a unit cost basis according to the attached Exhibit B for a maximum amount of$54,755. Invoices will be forwarded to the City of Cannel on a monthly basis in accordance with our contract. We look forward to working with the City of Cannel on this project. If you should have any questions,please do not hesitate to contact me at(317)547-5580. Very truly yours, American Structurepoint, Inc. X7, '4ce '�� Mike McBride Vice President MTM:nrm Attachment Exhibit 2019.00683 (Oft www.structurepoint.com Exhibit A Roundabout Design and Bidding Services A. Professional shall provide roundabout design services for the following intersections: 1. Illinois Street and Fidelity Way i. Multi-lane roundabout and approaches extending no more than 200' west from the intersection and 300' east along Fidelity Way, and no more than 250' north and south from the intersection along Illinois Street. B. Professional shall review available traffic data from previous studies performed for the City of Cannel. C. Professional shall prepare a traffic study for the purpose of identifying the recommended lane configuration of the roundabout proposed for the intersection of Illinois Street and Fidelity Way.The study shall include the following. 1. Collection of turning movement counts at said intersection on a typical weekday in both AM and PM Peak hours. 2. An estimation of trips associated the proposed development to be located in the southeast quadrant of said intersection. 3. Capacity analysis of the proposed roundabout in the AM and PM peak hours of the opening and design years of the project. 4. Coordination with the City in preparation of a summary memorandum documenting all study efforts, findings and recommendations. D. Professional shall coordinate with the Zotec development located directly southeast of the Illinois Street and Fidelity Way intersection. Coordination shall include up to three(3)design meetings with Zotec. E. Professional shall prepare preliminary and final plans, special provisions for the specifications, and opinions of probable cost for the construction of the streets.The plans shall be in accordance with the accepted standards for such work and in accordance with the following documents in effect at the time the plans or reports are submitted except as modified by supplemental specifications and special provisions,if any:the City of Carmel Standard Drawings;the American Association of State Highway and Transportation Officials"A Policy on Geometric Design of Highways and Streets, Part V"; and the Indiana Department of Transportation's Standard Specifications. The opinions of probable cost for construction shall be prepared according to the current practices of the City,and shall include all types of work required for the complete construction of the work, including all temporary work necessary in connection therewith,but shall not include the cost of such items of work for which the City,through its own forces or through other party or parties,will perform the actual construction or engineering.The unit prices to be used shall be in accordance with the methods used by the City. F. The Professional shall design storm sewers to collect and convey stormwater maintaining the existing drainage patterns for the watersheds within the project. The Stormwater outfalls for this project are assumed to be the existing storm sewer systems along Illinois Street. G. Wetland Delineation,Water Quality Reports,and Phase 1 Environmental Site Assessment(ESA) 1. Professional shall prepare a Wetland Delineation,including Qualitative Habitat Evaluation Index for streams to determine the presence of wetlands and other aquatic resources that are regulated by the US Army Corps of Engineers (USACE) and/or Indiana Dep nt of-Environmental Exhibit 8/7/19 zcia 2019 00683 Management(IDEM). The Wetland Delineation Report will include the location of wetlands or waterways and coordination with the design engineers regarding avoidance alternatives for the proposed project. The Wetland Delineation will be prepared in accordance with the USACE Wetland Delineation Manual(1987)and guidance provided by the USACE since 1991,including the appropriate Regional Supplement to the Corps of Engineers Wetland Delineation Manual. 2. Professional shall prepare and submit the appropriate permit applications for the project including Section 401 Regional General Permit (RGP) to the Indiana Department of Environmental Management (IDEM) and Section 404 RGP to the United States Army Corps of Engineers (USACE). If during coordination with the USACE or IDEM it is determined that an individual permit and/or mitigation is required for impacts to water resources,the work to identify potential sites and to prepare mitigation plans or other related services shall be considered a change in the scope or work,and additional or supplemental services will be required. 3. Professional shall prepare a Phase I Environmental Site Assessment (ESA) for the proposed project. The Phase I ESA will include a site reconnaissance, review of available regulatory records,historical land use,and property owner interviews to determine whether the property has any recognized environmental conditions with respect to hazardous materials or petroleum products consistent with the requirements of ASTM Standard E-1527-13. If during consultation with the Client it is determined the project will require a Phase II Preliminary Site Investigation or development of a remediation work plan, the services required to complete these additional investigations will be considered out of scope and additional or supplemental services will be required. H. Lighting design will be developed for the required intersections. 1. The Consultant shall provide engineering and prepare roadway lighting plans, photometric analysis,preliminary opinions of probable cost,and specifications for providing roadway lighting for the proposed roundabout at the intersection of Illinois Street and Fidelity Way in Cannel, Indiana. 2. The Consultant will review all roadway lighting shop drawings. I. Professional will perform landscape design and plan development services for the center island of the proposed roundabout at Illinois Street and Fidelity Way and adjacent medians. It is assumed that this center island will include both hardscape and planting elements. As a part of this task our team will perform the following services: 1. The landscape architect will attend two(2)planned meetings to discuss the following: i. Meeting 1: Kickoff meeting to discuss design intent and identify any initial concerns or opportunities with the site. ii. Meeting 2: Design presentation to discuss concept designs and identify direction for a final design. 2. Conceptual Design Drawings i. The landscape architecture team will develop three(3)scenarios for improvements within the roundabout and the adjacent median improvements as it will be impacted by new construction. ii. Presentations will be produced on 11x17 format with renderings depicting planting types, location,and materials proposed on the site. Exhibit A 8/7/19 _ 3 of5 201900683 3. Construction Documents i. Project Meeting a. Landscape Architect will attend one (1) final design team meeting to produce the final concept to be approved by the client. Any final revisions or modifications should be identified at this time to produce a fmal set of construction documents. ii. Landscape Plan a. The final landscape plan will include all improvements as well as any designed hardscape components as identified in concept drawings. b. All planting components will meet city standards and will be identified based on genus and species,sizing,and spacing requirements. Any specific notes will be included within the plant schedule to ensure proper installation and proper plant selection. iii. Irrigation Drawings a. Irrigation drawings will be provided for all additional landscape improvements. b. Final drawings and details will be provided locating adjacent utilities to connect all system components. iv. Details Sheets a. Sheets will be provided to identify proper installation techniques (including typical Carmel details). v. Project Specifications a. Landscape Architect will prepare specifications for all pertaining components, as necessary. b. Irrigation specifications will be provided as requested. vi. Construction Administration a. Landscape architect will anticipate attending any pre-bid or pre-construction meetings, as necessary. b. All RFI's and contractor inquiries will be addressed as requested and submittals will be reviewed and approved,as necessary. c. Final site walkthrough and punchlist will be created at the client's direction. This may be performed at substantial completion or as a one-year warranty review,but will include photographed documentation of any concerns or final needs to be corrected by the contractor. J. Professional will be available during construction to review and reply to RFI's, and/or product submittals. K. Right-of-way engineering, to City of Cannel, of the additional right-of-way needed for the project improvements for the affected parcels according to Exhibit B. L. Land acquisition services for the affected parcels as shown in Exhibit B. M. The contract plans shall include a Title Sheet, an Index Sheet, Plat No. 1 Sheet, Typical Section Sheets, Plan and Profile Sheets, Roundabout Detail Sheets (if applicable), Miscellaneous Details Sheets,Pavement Marking and Signing Plans,Lighting Plans, Maintenance-of-Traffic Detour Plans, Exhibit A 8/7/19 _ 2019.00683 a Erosion Control Plans, Structure Data Table, an Underdrain Table, an Approach Table, a Summary of Quantities Table,and any necessary cross-sections. N. The contract documents shall contain sufficient information to enable the contractor to perform the required work. O. The Professional shall identify and notify all affected utilities and coordinate plans for utility relocation.The Professional shall assist the City with the preparation of all required utility relocation agreements. The Professional shall maintain a record of all utility contracts to be submitted to the City. P. Upon completion and final approval of the deliverables by the City,the Professional shall deliver to the City the following submittals/deliverables required for the design activities (all plans black and white unless otherwise noted). 1. Preliminary Plans: Two (2) full-size (22"x34")plan sets, two (2) half-size (11"x17") plan sets, and one(1)preliminary opinion of probable construction cost provided to the Owner. 2. Five(5)full-size(22"x34")plan sets or digital plans provided to utility companies 3. Final Plans—four(4)full-size(22"x34")plan sets,one(1)quantity and design calculation binder, one(1)specifications document,and one(1)final opinion of probable construction cost 4. The Professional shall conduct a field check with the Owner and other interested parties. Q. Bidding Services 1. Professional shall assist the Owner in advertising for and obtaining bids or proposals for the Work and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued,attend pre-Bid conferences,if any,and receive and process contractor deposits or charges for the Bidding Documents. 2. Professional shall issue Addenda as appropriate to clarify, correct, or change the Bidding Documents. 3. Professional shall provide information or assistance needed by City in the course of any negotiations with prospective contractors. 4. Professional shall consult with City as to the acceptability of subcontractors,suppliers,and other individuals and entities proposed by prospective contractors for those portions of the Work as to which such acceptability is required by the Bidding Documents. 5. Professional shall attend the Bid opening, prepare Bid tabulation sheets, and assist City in evaluating Bids or proposals and in assembling and awarding contracts for the Work. R. Items Excluded 1. Permitting beyond IDEM Rule 5 and permits listed in Section G 2. Geotechnical engineering 3. Retaining Wall design 4. Culvert design 5. Stormwater Detention design 6. Pavement design Exhibit 8/7/19 /.2c (05 2019 00683 7. Utility relocation design 8. Landscape Monument or specialty structure design 9. Landscape Architecture three-dimensional modeling 10. Retaining wall design 11. Extensive Stormwater BMP design(sizing mechanical BMP structure in accordance with INDOT Sample USP"Stormwater Treatment System"is included in Roadway Drainage Improvements, any storm water quality design beyond INDOT Sample USP "Stormwater Treatment System" will be treated as Extensive storm water quality design). 12. Road Design scope assumes the intersection will be closed with traffic detoured for all but the eastern leg of Fidelity Way. A single lane of traffic for Fidelity Way is assumed to be required for the duration of the project construction. In the event additional traffic needs to be maintained through or around the intersection and construction phasing is needed,additional design fee will be required. 13. Construction Phase Design Services Exhibit 8/7119 61 .ff '2o i v )0683 EXHIBIT B Illinois Street&Fidelity Way Roundabout FEE PROPOSAL,Dated:7/31/2019 R/W Engineering R/W Services Buying Fee Appraisal Subtotal RAW Second Appraisal iknckdsa title Management RAW Semis Taal Parcel Owner Tax I.D. Report Type Title Work Fee Title Update Fee Plats,Legal Fee Staking Fee Englneanng Appraisal Fee Fee update lee] Recording Fee Subtotal Fe 2g-13-02-0110-001011-018 $ 2.75000 $ 675.00 $ 2,700.00 $ 60000 $ 6,72500 $ 2.625.00 $ 2,62500' es $ 8.40600 $ 15,13000 29-13-02-030 001 005-018 2-13-02-Q70-001 003-018 28-13-02-000-001.013-018 1 CPUS Ins Bridges LP 29-13-02.033-00100-018 SF 51.930.00 3 15000 S 1,07500 2g-13-02-000001102-018 'S 1,10000'$ 27000 $ 2,70000 $ 60000 $ 4,67000 $ 2.82500 S 2,82500' $ 8.180600 $ 13,47500 2 2P Inveetlnatsa LLD 2a-11024:co-o01102-018 SF $1,63006 3 15000 3 1.07500 29-13-02.000-001.001.018 S 1.655000$ 406.00 $ 2,70000 $ 00000 $ 5,35500 $ 2,62500 $ 2,62500 3 8,40600 $ 13,76000 2-13-02-000-002121-018 3 Woodland Reel Estate llolWigs LLC 29-13-0-0M-002112-018 SF $1.93000$ 15003 3 1,07500 4 TBD TBD SF 'S 55000 $ 13500 S 2.70000 $ 60000 $ 3,68500 $ 2.62500 1 2,62503 51.8000$ 15000 $ 1,07500 $ 8,40500 $ 12.32000 UNALLOCATED FEE: _ S $ $ Total 3 6,05000 $ 148500 $ 10,60000 $ 2,40000 $ 20,73603 $ 10.70000 $ 10,70000 $ 7.72000 3 60000 S 4.30000 $ 34.02003 S 5.75500 $ tt 1"• Cr -e Q 4 id k. 77- ,. ,,,,D.. 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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 I"e \(X)/W2- ,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 74 WtCvl c y- F- (the"Employer") in the position of 44`,u✓Yrpt S pt...YC1a.S 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 Cannel, Indiana. 5. The Company does not knowingly employ any unauthorized aliens. FURTHER AFFIANT SAYETH NOT. EXECUTED on the -" day of "QY1 , 20 4LJ. .LA Rit :hw Printed: jA'Q 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. -Mia/PIZA- (J,C/W I Printed: JVe.XoL RJ jiyr INDIANA RETAIL TAX EXEMPT Page 1 of 1 ofCarmel CERTIFICATE NO.003120155 002 0 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 1 03087 ONE CIVIC SQUARE I 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES,AIP 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 8/27/2019 00350562 Project 19-04; Contract Date 09.18.19 AMERICAN STRUCTURE POINT, INC City Engineering's Office VENDOR 9025 RIVER RD SHIP 1 Civic Square SUITE 200 TO Carmel, IN 46032- INDIANAPOLIS, IN 46240- Kate Lustig PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 39267 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department 2200 Fund. 202 Local Road & Street Fund Account: 43-509.00 1 Each Illinois Street and Fidelity Way Roundabout-Design $234,630.00 $234,630.00 Sub Total $234,630.00 O„,,,F CAS 77// c‘i 7 r„ 7, :._, ( _ .,. . . . . . . . . . . ;. Send Invoice To `' City Engineering's Office Kate Lustig 1 Civic Square Carmel, IN 46032- \\N.,........„........._ND AO P PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT L PROJECT PROJECT ACCOUNT 1 AMOUNT PAYMENT $234,630.00 SHIPPING INSTRUCTIONS •AJP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P 0 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 ` Lam" `�Ll *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 03087 CLERK-TREASURER