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HomeMy WebLinkAboutAmerican Structurepoint, Inc./Engr Con* 4 DIP' D2 1 p.0 PPR0V ED, AS TO FORM BY: • American Structurepoint,Inc. Eng Dept—2010 Master Services Agreement App#206-509;P.0.#21 809-$20,930.00;App#206R401&21 1 R509-P.0.-#21801-$23,600.00;App#206R509-$38,869.42&206-40I- $71,202.58-P.O.#21799App#920-4470603-$595,627.50P.0.#21800;App.#2006 Bond;$14,400-P.O.#21803;App#206-R401-$10,000.00- P.0.#21383;App#206R401-$11,900.00&202R509-$11,900.00 P.O.#21382;App.#201-509-$20,000.00-P.O.#21804;App#920-4470303- $857,687.00-P.O.#21802 Contract Not To Exceed$1,675,934.50 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 is committed to maintaining an equitable and competitive compensation system for the benefit of its employees; and WHEREAS, from time to time, City needs consulting or other workforce assistance (the "Services") to assist it in fulfilling its foregoing commitment; and WHEREAS, Professional is experienced in providing and desires to provide to City the 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. 1 American Structurepoint,Inc. Eng Dept—2010 Master Services Agreement App#206-509;P.O.#21809-$20,930.00;App#206R401&21 1 R509-P.O.-#21801-$23,600.00;App#206R509-$38,869.42&206-401- $71,202.58-P.O.#21799App#920-4470603-$595,627.50P.O.#21800;App.#2006 Bond;$14,400-P.O.#21803;App#206-R401-$10,000.00- P.0.#21383;App#206R401-$11,900.00&202R509-$11,900.00 P.O.#21382;App.#201-509-$20,000.00-P.O.#21804;App#920-4470303- $857,687.00-P.O.#21802 Contract Not To Exceed$1,675,934.50 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 engineering funds to be determined at time of invoice. 3.5 City shall designate the Mayor or his duly authorized representative to act on City's behalf on all matters regarding the Services. SECTION 4. PROFESSIONAL'S RESPONSIBILITIES 4.1 Professional shall perform the Services pursuant to the terms of this Agreement and within any applicable time and cost estimate. 4.2 Professional shall coordinate with City its performance of the Services. 4.3 Professional shall provide the Services by following and applying at all times reasonable and lawful standards as accepted in the industry. SECTION 5. COMPENSATION 5.1 Professional estimates that the total price for the Services to be provided to City hereunder shall be no more than One Million Six Hundred Seventy-Five Thousand Nine Hundred Thirty-Four Dollars and Fifty Cents ($1,675,934.50) (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 forty-five (45) days from the date of City's receipt of same, or be subject to a late charge of one percent (1%) of such unpaid and undisputed invoice amount for each month same remains unpaid. 5.2 Professional agrees not to provide any Services to City that would cause the total cost of same to 2 American Structurepoint, Inc. Eng Dept—2010 Master Services Agreement App#206-509;P.0.#21 809-$20,930.00;App#206R401&211 R509-P.O.-#21801-$23,600.00;App#206R509-$38,869.42&206-401- $71,202.58-P.O.#21799App#920-4470603-$595,627.50P.O.#2I800;App.#2006 Bond;$14,400-P.O.#21803;App#206-R401-$10,000.00- P.0.#21383;App#206R401-$11,900.00&202R509-$11,900.00 P.0.#21382;App.#20I-509-$20,000.00-P.O.#21804;App#920-4470303- $857,687.00-P.O.#21802 Contract Not To Exceed$1,675,934.50 exceed the Estimate, without City's prior written consent. SECTION 6. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Section 7.1 hereinbelow, this Agreement shall be in effect from the Effective Date through December 31, 2010, 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 3 American Structurepoint,Inc. Eng Dept—2010 Master Services Agreement App#206-509;P.O.#21809-$20,930.00;App#206R40I&211 R509-P.O.-#21801-$23,600.00;App#206R509-$38,869.42&206-401- $71,202.58-P.O.#21799App#920-4470603-$595,627.50P.O.#21800;App.#2006 Bond;$14,400-P.O.#21803;App#206-R401-$10,000.00- P.0.#21383;App#206R401-$11,900.00&202R509-$11,900.00 P.O.#21382;App.#201-509-$20,000.00-P.O.#21804;App#920-4470303- $857,687.00-P.O.#21802 Contract Not To Exceed$1,675,934.50 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. 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. 4 American Structurepoint,Inc. Eng Dept—2010 Master Services Agreement App#206-509;P.O.#21809-$20,930.00;App#206R401&211 R509-P.O.-#21801-$23,600.00;App#206R509-$38,869.42&206-401- $71,202.58-P.O.#21799App#920-4470603-$595,627.50P.O.#2I800;App.#2006 Bond;$14,400-P.O.#21803;App#206-R401-$10,000.00- P.0.421383;App#206R401-$11,900.00&202R509-$11,900.00 P.0.#21382;App.#201-509-$20,000.00-P.O.#21804;App#920-4470303- $857,687.00-P.O.#21802 Contract Not To Exceed$1,675,934.50 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, to the fullest extent allowed by law, indemnify and hold harmless City and its officers, officials, and employees from all liabilities, damages and costs, including, but not limited to, court costs and reasonable attorney fees, to the extent caused by any failure to perform its services in accordance with the applicable standards of reasonable professional care, including intentional or negligent acts or omissions, of Professional and/or any of its employees or subconsultants in the performance of this Agreement. This indemnification obligation shall survive the termination of this Agreement. However, Professional shall not be obligated to indemnify City or its officers, officials and employees for any portion of such liabilities, damages and costs that is attributable to its or their own negligence or actionable fault. 7.10 Discrimination Prohibition. Consistent with Indiana Code 5-16-6-1, Professional 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 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 which can operate independently of same shall continue in full force and effect. 5 American Structurepoint, Inc. Eng Dept—2010 Master Services Agreement App#206-509;P.O.#21809-$20,930.00;App#206R401&21 1 R509-P.O.-#21801-$23,600.00;App#206R509-$38,869.42&206-401- $71,202.58-P.O.#21799App#920-4470603-$595,627.50P.O.#21800;App.#2006 Bond;$14,400-P.O.#21803;App#206-R401-$10,000.00- P.0.#21383;App#206R401-$11,900.00&202R509-$11,900.00 P.O.#21382;App.#201-509-$20,000.00-P.O.#21804;App#920-4470303- $857,687.00-P.O.#21802 Contract Not To Exceed$1,675,934.50 7.12 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, City Attorney One Civic Square Department of Law Carmel, IN 46032 One Civic Square ATTN: Michael T. McBride, P.E. Carmel, IN 46032 PROFESSIONAL: American Structurepoint, Inc. 7260 Shadeland Station Indianapolis IN 46256 Attention: Craig M. Parks, PE 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. 7.13 Effective Date. The effective date ("Effective Date") of this Agreement shall be the date on which the last of the parties hereto executes same. 7.14 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. 7.15 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. 7.16 Non-Assignment. 6 American Structurepoint,Inc. Eng Dept—2010 Master Services Agreement App#206-509;P.O.#21809-$20,930.00;App#206R401&21 1 R509-P.O.-#21801-$23,600.00;App#206R509-$38,869.42&206-401- $71,202.58-P.O.#21799App#920-4470603-$595,627.50P.O.#21800;App.#2006 Bond;$14,400-P.O.#21803;App#206-R401-$10,000.00- P.0.#21383;App#206R401-$11,900.00&202R509-$11,900.00 P.O.#21382;App.#201-509-$20,000.00-P.O.#21804;App#920-4470303- $857,687.00-P.O.#21802 Contract Not To Exceed$1,675,934.50 Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder without City's prior written consent. 7.17 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. 7.18 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. 7.19 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 7.20 Advice of Counsel. The parties represent 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. 7.21 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 plans 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. All reports, drawings, specifications, computer files, field data, notes and other documents and instruments prepared by the Professional as instruments of service shall remain the property of 7 American Structurepoint,Inc. Eng Dept—2010 Master Services Agreement App#206-509;P.0.#21 809-$20,930.00;App#206R401&21 1 R509-P.O.-#21801-$23,600.00;App#206R509-$38,869.42&206-401- $71,202.58-P.O.#21799App#920-4470603-$595,627.50P.O.#21800;App.#2006 Bond;$14,400-P.O.#21803;App#206-R401-$10,000.00- P.0.#21383;App#206R401-$11,900.00&202R509-$11,900.00 P.O.#21382;App.#201-509-$20,000.00-P.O.#21804;App#920-4470303- $857,687.00-P.O.#21802 Contract Not To Exceed$1,675,934.50 the Professional. The Professional shall retain all common law, statutory and other reserved rights, including the copyright thereto. However, nothing in this Agreement shall prevent City from using the documents for informational purposes necessary to make repairs and/or maintain the Project. 7.22 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. 7.23 Job Site Safety. Neither the professional activities of the Professional, nor the presence of the Professional or its employees and subconsultants at a construction/project site, shall relieve the General Contractor of its obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending and coordinating the Work in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. The Professional and its personnel have no authority to exercise any control over any construction contractor or its employees in connection with their work or any health or safety programs or procedures. 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, carryon, and complete the project with all practicable dispatch, and in accordance with standards of reasonable professional care for similar projects, including compliance with applicable laws. In accomplishing the project, Professional shall take such steps as are appropriate to ensure that the services involved are properly coordinated with related work being carried on within City's organization. 7.26 Mediation In an effort to resolve any conflicts that arise during the design and construction of the Project or following the completion of the Project, the City and the Professional agree that all disputes between them arising out of or relating to the Agreement or the Project shall be submitted to nonbinding mediation unless the parties agree otherwise. Such nonbinding mediation shall be 8 American Structurepoint,Inc. Eng Dept—2010 Master Services Agreement Appropriation#206-509;P.O.#21809 Contract Not To Exceed$1,675,934.50 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, canyon, and complete the project with all practicable dispatch, and in accordance with standards of reasonable professional care for similar projects, including compliance with applicable laws. In accomplishing the project, Professional shall take such steps as are appropriate to ensure that the services involved are properly coordinated with related work being carried on within City's organization. 7.26 Mediation In an effort to resolve any conflicts that arise during the design and construction of the Project or following the completion of the Project, the City and the Professional agree that all disputes between them arising out of or relating to the Agreement or the Project shall be submitted to nonbinding mediation unless the parties agree otherwise. Such nonbinding mediation shall be conducted in accordance with the Indiana Rules of Alternative Dispute Resolution. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA PROFESSIONAL by and through its Board of Public Works and Safety BY: BY: 6 j )(.1 (2____ k-C. g----- :-, J es Brainard, Presiding Officer Authorized Signatu)e Date: 4 " / 6_ Printed Name: Willis R. Conner Ale 1 Title: President )1ary urke,Mein/.er Date: �, -/i FID/TIN: 35-1127317 / SSN if Sole Proprietor: Lori S. Watson, ' mber Date: ',/&1 i 0 Date: ram 16 . o'O 6 I ATT ST: Tana Cordray, IAMC, erk- reasurer Date: - . . l7) 9 American Structurepoint,Inc. Eng Dept—2010 Master Services Agreement App#206-509;P.O.#21809-$20,930.00;App#206R40I&21 1 R509-P.O.-#21801-$23,600.00;App#206R509-$38,869.42&206-401- $71,202.58-P.O.#21799App#920-4470603-$595,627.50P.O.#21800;App.#2006 Bond;$14,400-P.O.#21803;App#206-R401-$10,000.00- P.0.#21383;App#206R401-$11,900.00&202R509-$11,900.00 P.O.#21382;App.#201-509-$20,000.00-P.O.#21804;App#920-4470303- $857,687.00-P.O.#21802 Contract Not To Exceed$1,675,934.50 EXHIBIT A The Professional will provide services for City projects as described below. The information and services to be furnished by the City are as set out in Appendix 1, attached to this Agreement and made an integral part hereof. The Professional shall begin the services to be performed under this Agreement upon receipt of the written notice to proceed from the City and shall deliver the work to the City in accordance with the schedule contained in Appendix 2, attached to this Agreement and made an integral part hereof. The Professional shall receive payment for the services performed under this Agreement as set forth in Appendix 3, attached to this Agreement and made an integral part hereof. LAKE FOREST DRAINAGE SERVICES I. The Professional shall perform miscellaneous drainage improvement services as needed by the City of Carmel Engineer. CHESTERTON SUBDIVISION DRAINAGE SERVICES I. SURVEYING SERVICES A. The field survey required for the preparation of design plans has been completed by Professional under separate contract. The Professional will determine right-of-way lines for the streets impacted by the drainage improvements (Lincoln, Woodbrier, and 98th and Pleasant Streets) based on existing records found in the Hamilton County Recorder's office. The field survey will be supplemented with locations of all water meters and sanitary cleanouts along the project route (horizontal location only). Locations of water and sewer laterals will be shown on the survey based on information obtained by the City of Cannel Utilities. Actual connections to the mains must be field verified by the contractor. A private utility locate is not included in this scope. B. The Professional shall create and record a route survey plat of the corridor. II. LAND APPRAISAL SERVICES (Kerr Property Easement) A. For easement on Kerr property, the Professional shall prepare exhibit drawings and legal descriptions, as needed, for the acquisition of easement for the project by the City. The Professional shall provide abstracting, appraisal, and buying services as needed for the acquisition of easement. In addition, the Professional shall selected easement stake in the field. Page 1 of 10 American Structurepoint, Inc. Eng Dept—2010 Master Services Agreement App#206-509;P.O.#21809-$20,930.00;App#206R401&21 1 R509-P.O.-#2I 801-$23,600.00;App#206R509-$38,869.42&206-401- $71,202.58-P.O.#21799App#920-4470603-$595,627.50P.O.#2I800;App.#2006 Bond;$14,400-P.O.#21803;App#206-R401-$10,000.00- P.0.#21383;App#206R401-$11,900.00&202R509-$11,900.00 P.O.#2I382;App.#201-509-$20,000.00-P.O.#21804;App#920-4470303- $857,687.00-P.O.#21802 Contract Not To Exceed$1,675,934.50 III. DRAINAGE IMPROVEMENTS PLANS A. The Professional shall prepare contract plans, special provisions for the specifications, and opinions of probable cost for the construction of drainage improvements for Chesterton Subdivision, located near the northeast corner of the intersection of 96th Street and Westfield Boulevard in Carmel, Indiana. Drainage improvements include construction of the stormwater outfall for Chesterton Subdivision along Woodbriar Lane, 98th Street, Lincoln Street, and across Kerr's property to the outlet point at the existing culvert under 1-465. Drainage Improvements Plans will be prepared in accordance with the Drainage Study Recommendations previously performed by American Structurepoint. 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 and the Indiana Department of Transportation's (INDOT) Standard Specifications. The opinion of probable costs for construction shall be prepared according to the current practices of the City of Carmel and shall include all types of work required for the complete construction of the work 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, engineering, or other service. The unit prices to be used shall be in accordance with the methods used by the City. The contract plans and bid documents shall contain sufficient information to enable the contractor to perform the work tasks described below. 1. Drainage Improvements - Construction Plans A. Cover sheet B. Topographic/demolition plan C. Overall situation plan D. Grading and drainage plans E. Storm sewer and ditch plan and profile F. Erosion and sediment control plan and stormwater pollution prevention plan G. Detail sheet(s) as necessary to construct above items H. Drainage summary report and calculations I. Special provisions J. Preparation of the opinion of probable cost of construction Page 2 of 10 American Structurepoint,Inc. Eng Dept-2010 Master Services Agreement App#206-509;P.O.#21809-$20,930.00;App#206R40 I&2 1 1 R509-P.O.-#21801-$23,600.00;App#206R509-$38,869.42&206-401- $71,202.58-P.0.#21799App#920-4470603-$595,627.50P.0.#21800;App.#2006 Bond;$14,400-P.O.#21803;App#206-R401-$10,000.00- P.0.#21383;App#206R401-$11,900.00&202R509-$11,900.00 P.O.#21382;App.#201-509-$20,000.00-P.O.#21804;App#920-4470303- $857,687.00-P.O.#21802 Contract Not To Exceed$1,675,934.50 K. Design team meetings, assumed to be three meetings L. Permitting submittal to and coordination of approvals to: 1. City of Carmel for: a. Construction Plans b. Drainage c. Erosion and sediment control d. Work in public right-of-way 2. Indiana Department of Environmental Management a. Erosion control Rule 5 NOI 3. City of Indianapolis DPW for: a. Drainage approval for work on Kerr's property 4. 1NDOT for: a. Stormwater outlet permit into the culvert under 1-465 B. The Professional shall coordinate project plans with the consulting firms who performed the design of the adjoining properties north of Woodbriar Lane and along the north side of 98th Street. C. The Professional shall attend conferences with the officials of the City and other interested agencies, including but not limited to interested developers, local residents, and homeowner's associations, as may be required in connection with the services. The Professional will attend up to five meetings between the City and other agencies and/or residents. D. The Professional will prepare Contract Documents and Notice to Bidders for bidding with local funds, administer distribution and sale of plans and contract documents, and participate in evaluation of the bids for award. E. If requested by the City, Professional shall conduct a public information meeting to introduce the project to the public and obtain public input. The cost of preparing large graphic displays for a public information meeting, if desired by the City, will be provided as part of a separate Additional Services agreement between the Professional and the City. Page 3of10 American Structurepoint,Inc. Eng Dept—2010 Master Services Agreement App#206-509;P.O.#21809-$20,930.00;App#206R401&21 1 R509-P.O.-#21801-$23,600.00;App#206R509-$38,869.42&206-401- $71,202.58-P.O.#21799App#920-4470603-$595,627.50P.O.#21800;App.#2006 Bond;$14,400-P.O.#21803;App#206-R401-$10,000.00- P.0.#21383;App#206R401-$11,900.00&202R509-$11,900.00 P.O.#21382;App.#201-509-$20,000.00-P.O.#21804;App#920-4470303- $857,687.00-P.O.#21802 Contract Not To Exceed$1,675,934.50 F. The Professional shall conduct a field check with the City and other interested parties if desired by the City. G. Upon completion and final approval of the services by the City, the Professional shall deliver to the City the following: 1. One set of final approved tracings of the contract plans drawn to a suitable scale on standard 36" x 24" sheets prepared with electrostatic printing on bond paper. The cross-sections for computing earthwork quantities shall be on bond paper with electrostatic printing. 2. One complete contract book incorporating project-specific quantities and specifications into the City's standard front end documents. 3. One electronic (PDF) set of final approved tracings of contract plans and contract book. 4. One copy of the opinion of probable construction cost Additional general data shall be issued at the mutual agreement of the Professional and the City, and electronic files will be submitted to the City as requested. The Professional does not authorize or assume liability for any reuse of the documents or digital materials described in this section for any purpose other than this project and the specific use intended unless adapted by and approved by the Professional. H. If additional right-of-way is necessary, the Professional shall prepare exhibit drawings and legal descriptions, as needed, for the acquisition of right-of-way for the project by the City. The cost of such services will be provided as part of a separate supplemental agreement between the Professional and the City. I. If additional right-of-way is necessary, the Professional shall provide abstracting, appraisal, and buying services, as needed, for the acquisition of right-of-way for the project by the City. The cost of such services will be provided as part of a separate supplemental agreement between the Professional and the City. J. If additional right-of-way is necessary, the Professional shall stake in the field selected right-of-way and easements, as requested, on an as-needed basis as authorized by the City. The cost of such services will be provided as part of a separate supplemental agreement between the Professional and the City. K. The Professional shall provide construction inspection services as needed for construction of the project by the City. The cost of such services will be provided as part of a separate supplemental agreement between the Professional and the City. Page 4 of 10 American Structurepoint, Inc. Eng Dept—2010 Master Services Agreement App#206-509;P.O.#21809-$20,930.00;App#206R40I&211 R509-P.O.-#21801-$23,600.00;App#206R509-$38,869.42&206-401- $71,202.58-P.O.#21799App#920-4470603-$595,627.50P.O.#21800;App.#2006 Bond;$14,400-P.O.#21803;App#206-R401-$10,000.00- P.0.#21383;App#206R401-$1 I,900.00&202R509-$11,900.00 P.O.#21382;App.#201-509-$20,000.00-P.O.#21804;App#920-4470303- $857,687.00-P.O.#21802 Contract Not To Exceed$1,675,934.50 L. The Professional shall provide Environmental Phase I, Phase II, asbestos inspections, lead testing, water testing, or any other environmental or geotechnical reviews, reports, or analysis if needed for construction of the project by the City. The cost of such services will be provided as part of a separate supplemental agreement between the Professional and the City. M. In fulfillment of this Agreement, the Professional shall comply with the requirements of the appropriate regulations and requirements of the City and other public agencies having a legal jurisdiction over the project. ON-CALL PROJECT COORDINATOR SERVICES Scope of Services Professional agrees to provide the following services on an hourly basis, based upon actual number of hours expended and the appropriate hourly rate as further defined in Appendix 3. A. Provide technical expertise of a full-time engineering professional B. Occupy office space in Carmel City Hall C. Provide a staff member dedicated to City projects D. Provide technical recommendations to the City E. Attend meetings on behalf of the City of Carmel, as needed F. Provide assistance and coordination, as needed, of various capital improvement projects throughout the City of Carmel that may be performed by others G. Answer questions, address complaints, and provide technical advice, as needed, to the general public H. Assist in the negotiation and securing of right-of-way, right of entries, utility, and drainage easements, as needed I. Professional agrees to the following terms in regard to "On-Call Project Coordinator Services." 1. Professional will not invoice City for paid holidays recognized by Professional. The six holidays recognized by Professional are New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day. Professional and City agree that City will be invoiced for services rendered on holidays recognized by City but not Professional. Page 5 of 10 American Structurepoint, Inc. Eng Dept—2010 Master Services Agreement App#206-509;P.0.#21 809-$20,930.00;App#206R401&2I 1 R509-P.O.-#21801-$23,600.00;App#206R509-$38,869.42&206-401- $71,202.58-P.O.#21799App#920-4470603-$595,627.50P.O.#2I800;App.#2006 Bond;$14,400-P.O.#21803;App#206-R401-$10,000.00- P.0.#21383;App#206R401-$11,900.00&202R509-$11,900.00 P.O.#21382;App.#201-509-$20,000.00-P.O.#21804;App#920-4470303- $857,687.00-P.O.#21802 Contract Not To Exceed$1,675,934.50 2. Professional will not invoice City for personal time taken by Professional's employee (personal, illness, vacation.) 3. Professional will not invoice City for Professionals' employees attendance of continuing education courses or professional association meetings, unless such courses or meetings have been initiated and/or required by the City. II. Terms of Additional Services Agreement City agrees to the following terms in regard to "On-Call Project Coordinator Services." A. To utilize provided staff member a minimum of 40 hours per week B. To provide Professional with regular updates as to efforts needed as soon as possible, in order to assist with staff planning C. To refrain from soliciting staff from Professional, whether the staff member is assigned to work with the City or not D. To provide a minimum of one week notification of desired termination of full time, on call services E. Provide project office space and office equipment as required for performance of Professional's services CONSTRUCTION INSPECTION SERVICES FOR: KEYSTONE AVENUE AT 131sT STREET KEYSTONE PARKWAY AT CARMEL DRIVE ILLINOIS STREET NORTH EXTENSION PHASES I AND II (additional services) TOWNE ROAD ROUNDABOUTS AT 136TH AND 141sT STREETS (additional services) I. ENGINEERING PERSONNEL A. For the fulfillment of all services outlined in Section II below, the Professional will provide one (1) full-time Resident Project Representative, inspectors, and clerical and secretarial personnel as required for a period of time necessary to complete the construction project and final construction report for the project. B. The qualifications and experiences of personnel provided by the Professional are subject to approval by the City, and no personnel will be assigned to the project until the City's approval is obtained. Page 6 of 10 American Structurepoint,Inc. Eng Dept—2010 Master Services Agreement App#206-509;P.O.#21809-$20,930.00;App#206R401&21 1 R509-P.O.-#21801-$23,600.00;App#206R509-$38,869.42&206-401- $71,202.58-P.O.#21799App#920-4470603-$595,627.50P.O.#2I 800;App.#2006 Bond;$14,400-P.O.#21803;App#206-R401-$10,000.00- P.0.#21383;App#206R401-$11,900.00&202R509-$11,900.00 P.0.#2I382;App.#201-509-$20,000.00-P.0.#21804;App#920-4470303- $857,687.00-P.O.#21802 Contract Not To Exceed$1,675,934.50 C. The full-time Resident Project Representative(s) will report to the City on all matters concerning contract compliance and administration. D. The full-time Resident Project Representative(s) will coordinate project activities with City's project manager. II. DESCRIPTION OF SERVICES A. Construction Schedule: Review and monitor the construction schedules prepared by the Contractor for contract compliance and provide detailed documentation and recommendations to the City concerning the schedule's acceptability. B. Conferences: Schedule, conduct, notify participants, and provide minutes of preconstruction meetings, partnering meetings, progress meetings, and such other job conferences as required for the timely and acceptable conduct of the job. Attend Public Information Meetings conducted by the City. The Professional shall be available for conferences as requested by the City to review working details of the project. The City may review and inspect the activities whenever desired during the life of the agreement. C. Liaison: Serve as the City's liaison with the Contractor, working principally through the Contractor's field superintendent or such other person in authority as designated by the Contractor. The full-time Resident Project Representative shall be thoroughly familiar with the plans and specifications applicable to the project to monitor the Contractor's compliance with the provisions therein. Any deviation observed shall be addressed to the Contractor by the Resident Project Representative. Recommendations to obtain compliance also shall be reported to the City. D. Cooperate: with the City in dealing with various federal, state, and local agencies having jurisdiction over the project. E. Obtain from the Contractor l. A list of his proposed suppliers and subcontractors 2. Additional details or information when needed at the job site for proper execution of the work F. Certification of Materials: Check for completeness of certifications of materials delivered to the site. Page 7 of 10 American Structurepoint,Inc. Eng Dept—2010 Master Services Agreement App#206-509;P.O.#21809-$20,930.00;App#206R401&21 1 R509-P.O.-#21801-$23,600.00;App#206R509-$38,869.42&206-401- $71,202.58-P.O.#21799App#920-4470603-$595,627.50P.O.#21800;App.#2006 Bond;$14,400-P.O.#21803;App#206-R401-$10,000.00- P.O.#21383;App#206R401-$1 I,900.00&202R509-$11,900.00 P.O.#21382;App.#201-509-$20,000.00-P.O.#21804;App#920-4470303- $857,687.00-P.O.#21802 Contract Not To Exceed$1,675,934.50 G. Shop Drawings 1. Receive shop drawings and falsework drawings. Check falsework drawings for completeness and obtain structural engineer's approval of the proposed design. Forward shop drawings to the design consultant for review and approval. 2. Review the approved shop falsework drawings, specifications, and other submissions, record receipt of this data, maintain a file of all drawings and submissions, and check construction for compliance in accordance with the Contract Documents. 3. Alert the Contractor's field superintendent when it is observed materials or equipment is being or is about to be used or installed before approval of shop drawings or samples, where such are required, and advise the City when it is necessary to disapprove work as failing to conform to the Contract Documents. H. Review of Work, Inspection, and Tests 1. Conduct on-site inspections of the work in progress for the City as a basis for determining the project is proceeding in accordance with the Contract Documents. 2. Accompany visiting inspectors representing local, state, or federal agencies having jurisdiction over the project and report details of such inspections to the City. 3. Verify the required quality control sampling and testing has been accomplished and materials certification has been provided by the Contractor. 4. Review the Contractor's test/certification results and the City's independent assurance tests for accuracy and retain in the project file. 5. Questionable testing methods or results from the Contractor may initiate an increase in the volume of assurance tests. L Modification: Consider and evaluate the Contractor's suggestions for modifications in drawings and/or specifications and report them to the City with recommendations. J. Records 1. Prepare and maintain at the job site orderly files of correspondence, reports of job conferences, shop drawings and other submissions, reproductions of original Contract Documents including all addenda, change orders, and additional drawings subsequent to the award of the Contract, progress reports, and other project-related documents. Page 8 of 10 American Structurepoint,Inc. Eng Dept—2010 Master Services Agreement App#206-509;P.O.#21809-$20,930.00;App#206R401&21 1 R509-P.O.-#21801-$23,600.00;App#206R509-$38,869.42&206-401- $71,202.58-P.O.#21799App#920-4470603-$595,627.50P.O.#21800;App.#2006 Bond;$14,400-P.O.#21803;App#206-R401-$10,000.00- P.0.#21383;App#206R401-$11,900.00&202R509-$11,900.00 P.0.#21382;App.#20I-509-$20,000.00-P.O.#21804;App#920-4470303- $857,687.00-P.O.#21802 Contract Not To Exceed$1,675,934.50 2. Keep a diary or logbook recording hours on the job site, weather conditions, list of visiting officials, decisions, general observations, and specific observations with regard to test procedures. Upon request, furnish copies of such a diary or logbook to the City. 3. Maintain for the City a record of names, addresses, and telephone numbers of all subcontractors and major material suppliers. 4. Maintain a set of drawings on which authorized changes are noted and deliver to the City upon request, but in any event, at the completion of the project. 5. Prepare the Final Construction Record and Final Estimate as required by the City. K. Reports: Furnish to the City at periodic intervals, as required, progress reports of the project, including the Contractor's compliance with the approved construction schedule. L. Progress Estimates: Prepare progress estimates for periodic partial payments to the Contractor and deliver to the City for review and processing. The payments to the Contractor will be based on estimates of the value of work performed and materials complete in place in accordance with the contract. M. Project Responsibility: The Resident Project Representative(s) will be responsible for the documentation of pay quantities and estimates and the maintenance of appropriate records related to the construction of this project. N. Work Schedule and Suspension: The Professional's crew will be required to regulate their workweek to conform to the Contractor's hours in accordance with the directions of the City. If work on the construction project is suspended and all matters concerning contract compliance and administration are complete, the services of the Professional may also be suspended without cost to the project. O. Contract Administration: The Professional will administer the contract in accordance with City's procedures. P. If directed by the City, the Professional shall prepare, as needed, design, survey, right-of- way, and other services consistent with the previous services that have been performed by the Professional on this project. These services will be performed and paid for based on an amendment to this agreement to be negotiated between the City and the Professional. Q. If the City requests services beyond the scope of this agreement and capabilities of the Professional, Professional will prepare an amendment to provide these services through a subconsultant approved by the City. ON-CALL TRANSPORTATION SYSTEM SERVICES Page 9 of 10 American Structurepoint, Inc. Eng Dept—2010 Master Services Agreement App#206-509;P.O.#21809-$20,930.00;App#206R40I&21 1 R509-P.O.-#21801-$23,600.00;App#206R509-$38,869.42&206-401- $71,202.58-P.O.#21799App#920-4470603-$595,627.50P.O.#21800;App.#2006 Bond;$14,400-P.O.#21803;App#206-R401-$10,000.00- P.0.#21383;App#206R401-$11,900.00&202R509-$11,900.00 P.O.#21382;App.#201-509-$20,000.00-P.O.#21804;App#920-4470303- $857,687.00-P.O.#21802 Contract Not To Exceed$1,675,934.50 The professional services shall include miscellaneous transportation system services as needed by the City of Carmel Engineer. The types of services may include, but are not limited to, conducting intersection capacity analyses, developing and implementing traffic signal timings, conducting field investigations, and developing recommendations for improvements in intersection operations and safety. When contacted by the City, Professional will complete the assigned tasks on an hourly rate basis in accordance with hourly rates shown in Appendix 3. WETLAND MITIGATION SERVICES FOR ILLINOIS STREET NORTH EXTENSION The Professional shall perform the following tasks for the preparation of a Wetland Mitigation Checklist and design plans to create a minimum of 0.5 acre of emergent wetland, 0.4 acre of forested wetland, and approximately one acre of buffer area that could consist of existing natural areas or created natural areas. The mitigation site will be located on the Bray Homestead Park, which is being developed by the Hamilton County Parks Department in the northwest corner of Sheridan Road (SR 38) and Hinkle Road, Hamilton County, Indiana. I. Task 1 —Mitigation Plan Preparation Existing data, including floodplain studies and other available data, will be reviewed to determine the appropriate hydrology for the proposed mitigation area. A 1-foot topographic survey will be performed to provide precise measurements within the mitigation area documenting existing ground surface elevations, outlet structures, water control structures, and normal pool elevations. This topographic survey will be used to determine the most appropriate location for the emergent wetland mitigation and serve as the basis for design plans. A mitigation plan consisting of a narrative report will be prepared in accordance with the most relevant Indiana Department of Environmental Management (IDEM), US Army Corps of Engineers (USACE), Indiana Department of Natural Resources (IDNR), and US Environmental Protection Agency (USEPA) guidelines. The plan will include maps and a plan layout showing locations and dimensions for design elements of the mitigation area. In addition, the final mitigation plan will provide a plan for monitoring of the mitigation site, as required by IDEM and USACE. II. Task 2 —Development of Final Mitigation Design Plans Final design plans and construction documents will be produced for the wetland mitigation site. Design plans and construction documents will be prepared in accordance with City of Carmel specifications and procedures. Final design plans will include a site specific grading plan, planting plan, erosion control plan, and special provisions necessary for construction of the project site. III. Task 3 - Agency Coordination and Project Administration Services As appropriate, Professional will conduct an on-site meeting with regulatory agencies to present plans for the wetland mitigation site. Professional will coordinate mitigation plans and provide additional information, assistance, or on-site meetings requested by the agencies during review of mitigation plans. Final mitigation plans will be submitted to the appropriate regulatory. Page 10 of 10 American Structurepoint,Inc. Eng Dept—2010 Master Services Agreement App#206-509;P.O.#21809-$20,930.00;App#206R401&21 1 R509-P.O.-#21801-$23,600.O0;App#206R509-$38,869.42&206-401- $71,202.58-P.O.#21799App#920-4470603-$595,627.50P.O.#2I800;App.#2006 Bond;$14,400-P.O.#21803;App#206-R401-$10,000.00- P.0.#21383;App#206R401-$11,900.00&202R509-$11,900.00 P.O.#21382;App.#201-509-$20,000.00-P.O.#21804;App#920-4470303- $857,687.00-P.O.#21802 Contract Not To Exceed$1,675,934.50 IV. Task 4— Project Administration A. This task is associated with project coordination, management, and administration throughout the mitigation redesign process. Typical duties may include additional meetings not specified in other tasks, coordination, preparation of project status reports, preparation of construction documents and letting, and correspondence with the City or other consultants and other involved parties, and other duties related to the services. B. Additionally, Professional will prepare a boundary description and exhibit suitable for use to place a conservation easement or other legal protection on the mitigation site. • Page 11 of 10 American Structurepoint, Inc. Eng Dept—2010 Master Services Agreement App#206-509;P.O.#21809-$20,930.00;App#206R401&21 IR509-P.O.-#21801-$23,600.00;App#206R509-$38,869.42&206-401- $71,202.58-P.O.#21799App#920-4470603-$595,627.50P.O.#2I800;App.#2006 Bond;$14,400-P.O.#21803;App#206-R401-$10,000.00- P.0.#21383;App#206R401-$11,900.00&202R509-$11,900.00 P.O.#21382;App.#201-509-$20,000.00-P.O.#21804;App#920-4470303- $857,687.00-P.O.#21802 Contract Not To Exceed$1,675,934.50 APPENDIX 1 INFORMATION AND SERVICES TO BE FURNISHED BY CITY The City shall furnish the Professional with the following, as appropriate. 1. A City's representative with decision-making authority on all inquiries 2. Assistance to the Professional by placing at his disposal all available information pertinent to the project, including but not limited to property owner information, deeds, plans of adjacent developments, and section corner information 3. Specifications and standard drawings applicable to the project 4. All written reviews pertinent to the project that are received by the City 5. Utility plans available to the City covering utility facilities and underground conduits throughout the affected areas 6. Guarantee of access to enter upon public and private lands, as required for the Professional under this Agreement 7. All legal services, as may be required for development of the project Appendix 1 Page 1 of 1 American Structurepoint,Inc. Eng Dept—2010 Master Services Agreement App#206-509; P.O.#21809-$20,930.00;App#206R401&21 1 R509-P.O.-#21801-$23,600.00;App#206R509-$38,869.42&206-401- $71,202.58-P.O.#21799App#920-4470603-$595,627.50P.O.#21800;App.#2006 Bond;$14,400-P.O.#21803;App#206-R401-$10,000.00- P.0.#21383;App#206R401-$11,900.00&202R509-$11,900.00 P.O.#21382;App.#201-509-$20,000.00-P.O.#21804;App#920-4470303- $857,687.00-P.O.#21802 Contract Not To Exceed$1,675,934.50 APPENDIX 2 SCHEDULE The Professional will complete the services described in this Agreement using the following schedule. LAKE FOREST DRAINAGE SERVICES The Professional will be prepared to begin the work on each construction inspection project under this Agreement within five (5) days after a letter of notice to proceed is received from the City for that project. The Professional shall complete and deliver the final project documents and final estimate to the Project Manager within sixty(60) days after the project's final acceptance by the City. CHESTERTON SUBDIVISION DRAINAGE SERVICES A. Final right-of-way determination and supplemental Field Survey to be completed within 15 days of notice to proceed B. Route Survey Plat to be completed within 30 days of notice to proceed C. Preliminary Plans to be completed within 30 days of completion of Field Survey/Right-of-way determination D. Final Plans and Contract Documents to be completed within 30 days of City's approval of Preliminary Plans CONSTRUCTION INSPECTION SERVICES (Various) The Professional will be prepared to begin the work on each construction inspection project under this Agreement within five (5) days after a letter of notice to proceed is received from the City for that project. The Professional shall complete and deliver the final project documents and final estimate to the Project Manager within sixty(60) days after the project's final acceptance by the City. ON-CALL SERVICES (PROJECT COORDINATOR, TRANSPORTATION SYSTEM) The Professional will provide on-call services in time frames established for each task when notice to proceed with that task is given. WETLAND MITIGATION FOR ILLINOIS STREET NORTH EXTENSION 1. Submit Mitigation Plan Checklist to City of Cannel and Hamilton County Parks Department within 30 days of notice to proceed. 2. Submit Mitigation Plan Checklist to regulatory agencies within seven days after approval by City of Carmel and Hamilton County Parks Department. Appendix 2 Page 1 of 1 • American Structurepoint, Inc. Eng Dept—2010 Master Services Agreement App#206-509;P.O.#21809-$20,930.00;App#206R401&21 1 R509-P.O.-#21801-$23,600.00;App#206R509-$38,869.42&206-401- $71,202.58-P.O.#21799App#920-4470603-$595,627.50P.O.#2I800;App.#2006 Bond;$14,400-P.O.#21803;App#206-R401-$10,000.00- P.O.#21383;App#206R401-$11,900.00&202R509-$11,900.00 P.O.#21382;App.#201-509-$20,000.00-P.O.#21804;App#920-4470303- $857,687.00-P.O.#21802 Contract Not To Exceed$1,675,934.50 3. Submit plans and specifications for bidding within 45 days after approval of Mitigation Plan Checklist by regulatory agencies. Appendix 2 Page 2 of 1 APPENDIX 3 COMPENSATION A. Amount of Payment The Professional will receive payment for the work performed under this Agreement as follows, unless a modification of the Agreement is approved in writing by the City. 1. Lake Forest Drainage Services (hourly) $10,000 2. Chesterton Subdivision Drainage Services a. Supplemental field survey and right-of-way determination (Lincoln, Woodbrier and 98th and Pleasant Streets) (lump sum) $10,120 b. Right-of-way determination along Chambray and Kittrell (if needed) (lump sum) $5,470 c. Land appraisal services (Kerr's easement parcel) (lump sum) $9,800* *For projects with local funding only, second appraisals are required for compensation over $25,000. d. Drainage improvements construction plans (lump sum) $84,500 e. Construction inspection/oversight services ** **Compensation for construction inspection/oversight services, if desired by the City, will be provided as part of a supplemental agreement between the Professional and the City. 3. On-Call Project Coordinator Services a. Services by Jeremy Kashman @ $105/hour (hourly) $23,100 b. Reimbursable Expenses $500 4. Construction Inspection for Keystone Avenue at 131 st Street (hourly) $595,627.50 a. Hourly rates and unit costs for services on this project are as follows. 1) Project Manager $135.00 2) Resident Project Representative (Regular) $90.00 3) Resident Project Representative (Overtime) $103.50 4) Inspectors (Regular) $80.00 Appendix 3 Page 1 of 4 5) Inspectors (Overtime) $92.00 6) Nuclear Gauge (per day) $50.00 b. Vibration monitoring will be invoiced at $1,000/each, for a total fee of$4,000. c. Geotechnical services will be invoiced based on subconsultant's unit costs, not to exceed $20,000. 5. Construction Inspection for Keystone Parkway and Carmel Drive (hourly) $857,687 a. Hourly rates for services on this project are as follows. 1) Project Manager $135.00 2) Design Engineer $90.00 3) Resident Project Representative (Regular) $90.00 4) Resident Project Representative (Overtime) $103.50 5) Inspectors (Regular) $80.00 6) Inspectors (Overtime) $92.00 7) Interns (Regular) $65.00 8) Interns (Overtime) $74.75 9) Registered Land Surveyor $110.00 10) Survey Crew $161.00 b. Geotechnical will be invoiced at subconsultant's unit costs, not to exceed $5,000. c. This fee includes a transfer of $90,000 from PO No. 19804 and a transfer of $10,000 from PO No. 19803. 6. Construction Inspection for Illinois Street North Extension (hourly) $23,800 a. Hourly rates for services on this project are as follows. 1) Resident Project Representative $90.00 2) Inspectors $80.00 7. Additional Construction Inspection Services for Towne Road (hourly) $14,400 a. Resident Project Representative's services on this project will be invoiced at $90/hour. Appendix 3 Page 2 of 4 8. On-Call Traffic System Services (hourly) $20,000 9. Wetland Mitigation for Illinois Street North Extension (lump sum) $20,930 a. For those services performed by the Professional, the Professional will be paid a lump-sum fee of$20,930. B. Standard Hourly Rates Unless specified otherwise, hourly services will be provided at Professional's Standard Hourly Rates, which are subject to annual review and adjustment. Hourly rates for services in effect from July 1, 2009, to June 30, 2010, are: EMPLOYEE CLASSIFICATION HOURLY RATE Principal Engineer or Architect $180 Project Manager $145 Project Engineer, Architect, Scientist, or Planner $120 Staff Engineer, Architect, Scientist, or Planner $95 Landscape Architect $130 Senior Technician $110 Technician $80 Researcher $65 Land Surveyor $120 Survey Party Chief $100 Survey Instrument Man $80 Survey Party Crew Man $60 Resident Project Representative $95 Construction Inspector $80 Construction Inspector Intern/Temps $55 Clerical $70 IT $80 C. Method of Payment 1. Payment for lump-sum items shall be made monthly to the Professional on a percent- complete basis upon submission to the City of an invoice. 2. Payment for hourly items shall be made monthly to the Professional based on hours actually worked times the applicable hourly rate for each class of employee on that project, plus subconsultant fees and other approved expenses. Appendix 3 Page 3 of 4