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HomeMy WebLinkAboutEngineering Resources,_ Inc./ENG/$94,500/24-01-116th Street Trail from Washingtonv Blvd to Fulham StreetEngineering Resources, Inc. Engineering Department -2024 Appropriation #2200 202 43-401.00 Loal Road & Street Fund; P.O.#112574 Contract Not To Exceed $94,500.00 AGREEMENT FOR PROFESSIONAL SERVICES APPROVED By Allison Lynch-McGrath at 8:53 am, Aug 28, 2024 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 Engineering Resources, 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 /j, 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. 1 Docusign Envelope ID: E30AE7CA-E379-4E78-B20B-AD74AD5C43D9 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 2200 202 43-401.00 Local Road & Street fund. 3.5 City shall designate the Mayor or their duly authorized representative to act on City's behalf on all matters regarding the Services. SECTION 4 PROFESSIONAL'S RESPONSIBILITIES 4.1 Professional shall perform the Services pursuant to the terms of this Agreement and within any applicable time and cost estimate. 4.2 Professional shall coordinate with City its performance of the Services. 4.3 Professional shall provide the Services by following and applying at all times reasonable and lawful standards as accepted in the industry. SECTION 5 COMPENSATION 5.1 Professional estimates that the total price for the Services to be provided to City hereunder shall be no more than Ninety Four Thousand Five Hundred Dollars ($94,500.00) (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. SECTION 6 TERM Unless otherwise terminated in accordance with the termination provisions set forth in Section 7 .1 herein below, this Agreement shall be in effect from the Effective Date through December 31, 2024. Docusign Envelope ID: E30AE7CA-E379-4E78-B20B-AD74AD5C43D9 Engineering Resources, Inc. Engineering Department - 2024 Appropriation #2200 202 43-401.00 Loal Road & Street Fund; P.O.#112574 Contract Not To Exceed $94,500.00 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. 7.5 Insurance 7.5.1 Professional shall, as a condition precedent to this Agreement, purchase and thereafter maintain such insurance as will protect it and City from the claims set forth below which may arise out of or result from Professional's operations under this Agreement, whether such operations be by Professional or by its subcontractors or by anyone directly or indirectly employed by any of them, or by anyone directly for whose acts any of them may be liable: 1)Claims under Worker's Compensation and Occupational Disease Acts, and any other employee benefits acts applicable to the performance of the work; 2)Claims for damages because of bodily injury and personal injury, including death, and; 3)Claims for damages to property. 3 Docusign Envelope ID: E30AE7CA-E379-4E78-B20B-AD74AD5C43D9 Engineering Resources, Inc. Engineering Department - 2024 Appropriation #2200 202 43-401.00 Loal Road & Street Fund; P.O.#112574 Contract Not To Exceed $94,500.00 Professional's insurance shall be not less than the amounts shown below: A.Commercial General Liability (Occurrence Basis) B. C. D. Bodily Injury, personal injury, property damage, Contractual liability, product/completed operations Each Occurrence Limit Damage to Rented Premises Medical Expense Limit $1,000,000.00 $100,000.00 (each occurrence) Personal and Advertising Injury Limit $5,000.00 $500,000.00 General Aggregate Limit $2,000,000.00 (Other than Products Completed Operations) NOTE: GENERAL AGGREGATE TO APPLY PER PROJECT Products/Completed Operations Auto Liability Bodily injury & property damage Excess/Umbrella Liability Worker's Compensation & Disability $1,000,000.00 $1,000,000.00 (combined single limit) (owned, hired & non-owned) $1,000,000.00 each accident $2,000,000 (each occurrence and aggregate) Statutory E.Employer's Liability: Bodily Injury by Accident/Disease: Bodily Injury by Accident/Disease: Bodily Injury by Accident/Disease: $100,000 each employee $250,000 each accident $500,000 policy limit F.Professional Liability Insurance. The Professional shall carry and maintain during the continuance of this Agreement, professional liability insurance in the amount of $2,000,000 for single limit claims and $3,000,000 in the aggregate. The Professional's policy of insurance shall contain prior acts coverage sufficient to cover all Services performed by the Professional for this Project. Upon City's request, Professional shall give prompt written notice to City of any and all claims made against this policy during 4 Docusign Envelope ID: E30AE7CA-E379-4E78-B20B-AD74AD5C43D9 7.6 Liens the period in which this policy is required to be maintained pursuant to this Agreement. If the insurance is written on a claims-made basis and coverage is cancelled at any time, the Professional will obtain, at its cost, an extended reporting endorsement which provides continuing coverage for claims based upon alleged acts or omissions during the term of the Agreement until all applicable statute of limitation periods have expired. 7.5.2 Professional shall provide the City with a certificate of insurance, naming the City as an "additional insured," showing such coverage then in force (but not less than the amount shown above) shall be filed with City prior to commencement of any work. These certificates shall contain a provision that the policies and the coverage afforded will not be canceled until at least thirty (30) days after written notice has been given to City. 7.5.3 Professional may, with the prior approval of the City, substitute different types of coverage for those specified if the total amount of required protection is not reduced. Professional shall be responsible for all deductibles. 7 .5.4 Nothing in the above provisions shall operate as or be construed as limiting the amount of liability of Professional to the above enumerated amounts. 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. Docusign Envelope ID: E30AE7CA-E379-4E78-B20B-AD74AD5C43D9 Engineering Resources, Inc. Engineering Department - 2024 Appropriation #2200 202 43-401.00 Loal Road & Street Fund; P.O.#112574 Contract Not To Exceed $94,500.00 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. 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 C, 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 C. 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 6 Docusign Envelope ID: E30AE7CA-E379-4E78-B20B-AD74AD5C43D9 independently of same shall continue in full force and effect. 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 Engineering Department One Civic Square Carmel, Indiana 46032 PROFESSIONAL: Engineering Resources, Inc. 4175 New Vision Drive Fort Wayne, Indiana 46845 City of Carmel Office of 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 confiict 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. Docusign Envelope ID: E30AE7CA-E379-4E78-B20B-AD74AD5C43D9 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 confiicts 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 infiuence 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. Docusign Envelope ID: E30AE7CA-E379-4E78-B20B-AD74AD5C43D9 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 Debarment And Suspension 7 .26.1 The Professional 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 infiuence on or substantive control over the operations of the Professional. 7.26.2 The Professional 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 Professional 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. 7.28 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. Docusign Envelope ID: E30AE7CA-E379-4E78-B20B-AD74AD5C43D9 Engineering Resources, Inc. Engineering Department -2024 Appropriation #2200 202 43-401.00 Loal Road & Street Fund; P.O.#112574 Contract Not To Exceed $94,500.00 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety BY: James Barlow, Presiding Officer Date: ----------- Laura Campbell, Member Date: ----------- Alan Potasnik, Member Date: ----------- ATTEST: Jacob Quinn, Clerk Date: ----------- Engineering Resources, Inc. Printed Name: Kurt Heidenreich Title: President FID/TIN: 35-2006763--------------- Date: 8/27/2024 Docusign Envelope ID: E30AE7CA-E379-4E78-B20B-AD74AD5C43D9 NOT PRESENT 9/4/2024 9/4/2024 9/4/2024 August 19, 2024 Jeremy Kashman, PE Brad Pease, PE Carmel City Engineer One Civic Square Carmel, IN 46032 Subject: Fee Proposal for Design Services 115 th Street Trail Engineering Resources, Inc. is pleased to offer this proposal to provide design services for a trail along the south side of 116th Street. The attached document provides a proposed scope of services based on our previous discussions. If you find our proposal acceptable, we are prepared to execute a standard form of agreement based on the content of this letter and attachments. Please do not hesitate to call with any questions you may have. Sincerely, Engineering Resources, Inc. Kurt Heidenreich, PE, SE President ATTACHMENTS: Scope of Engineering Services Fee Schedule Docusign Envelope ID: E30AE7CA-E379-4E78-B20B-AD74AD5C43D9 SCOPE OF ENGINEERING SERVICES 116 St Trail from Washington Blvd to Fulham St SCOPE OF SERVICES: a. Project Description -The project involves constructing a trail along the south side of 116:" St from Wa shington Blvd to Fulham St. The trail will be constructed through residential properties within the existing right-of-way. It will cross Ruckle St, multiple drives and several drainage swales. The alignment will be planned to avoid larger trees, fire hydrants, and existing drainage struct ures. b.Topographic Survey -We are proposing to use 40th Parallel Surveying for the topographic survey. The survey limits will extend from 50 ft west of Washington Blvd to 50 ft east of Fulham St. The survey width will be from centerline of 115 tr St to approximately SO ft behind back of curb for a total width of 75 ft. The limits will extend 200 ft down Washington Blvd and Ruckle St over a width of 50 ft. In addition to obtaining all topographic information within these limits, the survey will also identify the locations and elevations of any storm sewer outlets outside of these limits if they affect the drainage of the proJect. Research of existing deeds will be conducted to determine right-of-way and property lines within the project limits. c.Preliminary Design & Plans -After the topo urvey is obtained, a preliminary trail alignment and profile will be developed. Consideration will be given to minimizing impacts to exIst1ng facilities during this phase. A cost estimate will be developed for an 8 ft wide concrete rail and alternatives of a 6 ft wide concrete trail and an 8 ft wide asphalt trail. If needed, we will visit the site to discuss the preliminary design with the City and utility companies. d.Hydraulic Assessment -The drainage along the south side of 116'r St exits the street at curb turnouts into roadside swales. Water also flows from the south residential area through swales to the street. The water drains north under 116"" St in culverts and storm sewers An assessment of the existing stormwater drainage system will be completed to ensure that conveyance of stormwater is maintained through the site. The tratl will be designed to maintain existing drainage with minimal modifications to existing drainage structures. e.Final Design & Plans -Afte1· the City com pie es a review of the orel1m1nary design documen s, we will incorporate any changes and prepare final plans and detailed specifications. We will update the engineer's estimate at this phase. We will submit final certified plans, quantI v calculations, detailed specifications, and final engineer's estimate along with a bid form. It Is our understanding that the City will prepare he remaInIng front-end documents for bidding and construction. � PAGE 1 OF 3 Docusign Envelope ID: E30AE7CA-E379-4E78-B20B-AD74AD5C43D9 f.Utility Coordination -It appears there 1s a water line on the south side of the street t roughout the length of the proJect. Overhead lines and an underground communication line are present at the east end of the project site. We will coordinate with the utility companies to ensure their facilities are not in conflict with the proposed construction. g.Construction Services -We will answer questions during bidding and construction and review shop drawings. However, on-site construction inspection services are not included. h.Right-Of-Way Service s -It is our understanding there is adequate ROW to complete the proposed construction. As such, ROv\/ service are not included in this proposal. Per previous commun ication, the City will coordinate with the property owners. i. Geotechnical Engineering -Geotechnical engineering is not included in the scope of work. j.Permits -We anticipate the disturbed area will be less than l acre, so a Construction Stormwater General Permit is not expected. Furthermore, it does not appear that there are Wa ers of the US within the project limits, so waterway permits are not anticipated. Therefore, no permits are included in the scope of work. 2 SCHEDULE a.The following proposed schedule is contingent on receiving Notice to Proceed from the City by September 20, 2024. .3 FEE· Topographic Survey Preliminary Plans Submittal Final Plans Submittal 1 ovember 27, 2024 February 21, 2025 May 22, 2025 a.We propose a fee structure following a combination of lump sum and hourly rate basis as summarized in the tables below. Hourly rates are based on the attached fee schedule. Total Lump Sum Fee Total Hourly Rate Fee Total Contract Fee City of Carmel -116 St Trail a PAGE 2 OF 3 $85,500 $9,000 $94,500 Docusign Envelope ID: E30AE7CA-E379-4E78-B20B-AD74AD5C43D9 Topograp ic Survey (40'" Parallel Surveying) $14,500 Preliminary Design & Plans $28,700 Hydraulic Assessment $9,800 Final Design & Plans $32,500 Hourly Rate Services Utility Coordination $4,000 Construction Administration $5,000 Total Hourly Rate Fee $9,000 � PAGE 3oF 3 Docusign Envelope ID: E30AE7CA-E379-4E78-B20B-AD74AD5C43D9 1.STANDARD BILLING RATES ENCilNEERINCi RESOURCES, li'JC 2024 FEE SCHEDULE Compensation to be made on a time basis shall be according to the number of hours expended on project times the appropriate billing rate shown below. Description for the billing categories listed below can be provided upon request: a.Senior Engineering/ Project Management Services ................................................. $175/hr. b.Project Eng ineering/ Management Services .............................................................. $147 /hr. c.Design Engineering Services ....................................................................................... $125/hr d.Design/ Document Preparation Services ........................................................ $108/hr. e.Standard AutoCAD Drafting Services ............................................................................ $85/hr. f.Senior Construction Observation ............................................................................... $102/hr g.Construction Observation/ Field Data Collection Services .......................................... $89/hr. h.Intern AutoCAD Drafting/ Construction Observation ................................................. $74/hr. i.Clerical / Administration Services ....................................................................... $ 77 /hr j.Forensic Engineering ..................................................................................................... $250/h r. 2.REIMBURSABLE EXPENSES a. b. c. Automobile Transportation ...... Subconsultant Services .................... .. Other Reimbursable Expenses ....... . . ' . .. Allowable IRS Rate/fVlile .cost -10% . cost + 10°,; Docusign Envelope ID: E30AE7CA-E379-4E78-B20B-AD74AD5C43D9 ENCilNEERINCi RESOURC-:FS, lf\JC 3.BILLING CATEGORY DESCRIPTIONS: 2024 FEE SCHEDULE a.Senior Engineering/ Project Management Services: These services are provided by a senior member of the staff for: specialized design req Irements, pro1ect reviews, coordination and administration. Depending on the degree of advanced engineering knowledge required for a project, the items described in the Project Engineering /lVlanagement Services shown below may be completed under this service ite b.Project Engineering / Management Services: These services are provided by he project manager or project engineer. Project tasks completed under this service item would include· site visits, project research, design calculations, plan development, coorcl1nat1on, proJect reviews, attending meetings and construction administration. c.Design Engineering Services: These services include: routine design calculations, document reviews and other standard tasks that are completed by a member of the staff other than the Project Enginee1-/Manager. d.Design / Document Preparation Services: These services include: Permit preparation and production of project documents and AutoCAD/Revit design and plan development beyond standard drafting procedures. e.Standard AutoCAD Drafting Services: These services include: basic AutoCAD drafting tasks necessary to develop plans and other required documents f.Senior Construction Observation: These services are provided by a senior member of he taff for project oversight during construction o review, approve, observe, or document the actual construction for a project. g.Construction Observation/ Field Data Collection Services: These services are the basic tasks during construction to review, approve, observe, or document the actual construction for a project. Services also includes any field da ta time that is completed within the design or construction ti meli ne. h.Intern AutoCAD Drafting/ Construction Observation: These services are provided by entry level staff that work under the direct supervision of the Construction Observer and assist them with the basic t asks during construction to review, approve, observe, or document the actual construction for a project. Services also includes any AutoCAD draf Ing time that Is completed within the design or construction t1mel1ne. 1.Clerical /Administration Services: These services are the basic tasks necessary to accomplish any project or other required documents that are completed by a member of the clerical staff This includes word documentation, permits/form preparation, filing/submit al of documents, and other office duties. J.Forensic Engineering: Provided by a highly qualified ,enior member of the staff for specialized services. Involves the investiga tion of failures in facil1t1es and infrastructure to In erpret and determine the cause of the damage or failure thar mav lead to legal actIvIty Docusign Envelope ID: E30AE7CA-E379-4E78-B20B-AD74AD5C43D9 Project Name: Invoice No. Purchase Order No: Signature Printed Name Date: Docusign Envelope ID: E30AE7CA-E379-4E78-B20B-AD74AD5C43D9 EXHIBIT C AFFIDAVIT Kurt Heidenreich , 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 Engineering Resources, Inc. (the "Employer") in the position of President ------------------ 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 SA YETH NOT. EXECUTED on the 27th day of __ A_u_g _u _st ________ , 2024 . Printed: Kurt Hei denreich 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. It� I Printed: Kurt Heidenreich Docusign Envelope ID: E30AE7CA-E379-4E78-B20B-AD74AD5C43D9 City of Carmel INDIANA RETAIL TAX EXEMPT Page 1 of 1 CERTIFICATE NO. 003120155 002 0 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 112574 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/P CARMEL, INDIANA 46032-2584 VOUCHER, DELIVERY MEMO, PACKI G 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 8/26/2024 377973 24-01 -Professional Services Agreement 09/04/24 ENGINEERING RESOURCES INC VENDOR 4175 NEW VISION DRIVE FORT WAYNE, IN 46845 - PURCHASE ID BLANKET I CONTRACT PAYMENT TERMS 91045 QUANTITY UNIT OF MEASURE DESCRIPTION Fund: 202 Local Road & Street Fund City Engineering's Office SHIP 1 Civic Square TO Carmel, IN 46032- Laurie Slick FREIGHT UNIT PRICE I EXTENSION Department: 2200 Account: 43-401.00 1 Each 24-01 -Professional Services Agreement -116th Trail from Washington Blvd to Fulham St. -Design $94,500,00 $94,500.00 Send Invoice To: City Engineering's Office Laurie Slick 1 Civic Square Carmel, IN 46032- \ Sub Total $94,500.00 '-...... --,"p_f .,.,_, <'Y \ PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT I PROJECT I PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS 'SHIP PREPAID "COD SHIPME T CANNOT BE AC CEPTED "PURCHASE ORDER U �BER MUST APPEAR ON ALL SHIPP! G LABEL 'T IS ORDER ISS ED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 ANO ACTS AMENDATORY THEREOF AND SUPPLE MEN THERETO. ORDERED BY TITLE CONTROL NO. 11257 4 PAYMENT $94,500.00 • A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE PO NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE ANO 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 Bradley Pease Director Zac Jackson CFO Docusign Envelope ID: E30AE7CA-E379-4E78-B20B-AD74AD5C43D9