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DLZ Indiana/ENG/176,900/RAB 116th and Hazel Dell 012 I iUiana. LLC Engineering - 2013 Appropriation#211-509 ($2,832.80),202-401 ($23.889.00),211-401 ($8,929.68), 2200-401 ($29,495.10), 203-509 (111,753.42): P.O.#25292 Contract Not To Exceed$176.900.00 AGREEMENT FOR PROFESSIONAL SERVICES Top „o ocQ 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 DLZ Indiana, LLC (hereinafter"Professional"). RECITALS WHEREAS City owns and is responsible for the operation and maintenance of its property, personnel, public works and infrastructure; and WHEREAS, from time to time, City needs professional assistance in fulfilling its foregoing responsibilities; and WHEREAS, Professional is experienced in providing and desires to provide to City the professional services ("Services") referenced herein; and WHEREAS, City desires to engage Professional as an independent contractor for the purpose of providing to City the Services referenced herein; NOW, THEREFORE, in consideration of the foregoing recitals and the covenants and conditions set forth herein, City and Professional mutually agree as follows: SECTION 1. INCORPORATION OF RECITALS The foregoing Recitals are hereby incorporated into this Agreement and made a part hereof. - SECTION 2. SCOPE OF SERVICES 2.1 City desires to engage Professional as an independent contractor for the Services set forth in attached Exhibit A, incorporated herein by this reference. 2.2 Professional understands and agrees that City may, from time to time, request Professional to provide additional or modified Services to City. When City desires additional Services from Professional, the City shall notify Professional of such additional Services desired, as well as the time frame in which same are to be provided. Only after City has approved Professional's time and cost estimate for the provision of such additional Services, has encumbered sufficient monies to pay for same, and has authorized Professional, in writing, to provide such additional Services, shall such Services be provided by Professional to City. A copy of the City's authorization documents for the purchase of additional Services shall be numbered and attached hereto in the order in which they are approved by City. 2.3 Time is of the essence of this Agreement. B�*nrr•nna mu-aJ,unVTNYLarMCmuamWW.DUn r...hsa,InSmv^nslauux2-P,.,t ,,d .l¢rtr_I/9Y,IJ 1:uap DLZ Indiana. LLC Engineering- 2013 Appropriation#211-509 ($2,832.80).202-401 ($23,889.00),211-401 ($8.929.68). 2200-401 ($29,495.10).203-509 (111,753.42): P.O.#25292 Contract Not To Exceed $176.900.00 SECTION 3. CITY'S RESPONSIBILITIES 3.1 City shall provide such information as is reasonably necessary for Professional to understand the Services requested. 3.2 City shall provide all data required for provision of Services. Professional may assume that all data so provided is correct and complete. 3.3. City shall arrange for Professional to enter upon public and private property as reasonably required for Professional to perform the Services. 3.4 City shall designate payment of the Services from City budget appropriation number 211-509 ($2,832.80), 202-401 ($23,889.00), 211-401 ($8,929.68), 2200-401 ($29,495.10), 203-509 (111,753.42) funds. 3.5 City shall designate the Mayor or his duly authorized representative to act on City's behalf on all matters regarding the Services. SECTION 4. PROFESSIONAL'S RESPONSIBILITIES 4.1 Professional shall perform the Services pursuant to the terms of this Agreement and within any applicable time and cost estimate. 4.2 Professional shall coordinate with City its performance of the Services. 4.3 Professional shall provide the Services by following and applying at all times reasonable and lawful standards as accepted in the industry. SECTION 5. COMPENSATION 5.1 Professional estimates that the total price for the Services to be provided to City hereunder shall be no more than One Hundred Seventy Six Thousand Nine Hundred Dollars ($176,900.00) (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. 114114.eapps Omer mu.rMinVA N\.1unN 4mnaaaW&S.44:Gad-S'c'Wngnn“an6QUI3YHI..Ndwinal Sera S.clffOI4 1144 AM) • DLZ Indiana. LLC Engineering- 2013 Appropriation#21I-509 ($2.832.80), 202-401 ($23,889.00),211-401 ($8,929.68),2200-401 ($29,495.10),203-509 (111,753.42): P.O.#25292 Contract Not To Exceed$176,900.00 SECTION 6. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Section 7.1 hereinbelow, this Agreement shall be in effect from the Effective Date through December 31, 2014, and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. SECTION 7. MISCELLANEOUS 7.1 Termination. 7.1.1 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City or Professional, without cause, upon thirty (30) days' notice. 7.1.2 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City, for cause, immediately upon Professional's receipt of City's "Notice To Cease Services." 7.1.3 In the event of full or partial Agreement termination, and as full and complete compensation hereunder, Professional shall be paid for all such Services rendered and expenses incurred as of the date of termination that are not in dispute, except that such payment amount shall not exceed the Estimate, Disputed compensation amounts shall be resolved as allowed by law. 7.2 Binding Effect. City and Professional, and their respective officers, officials, agents, partners and successors in interest are bound to the other as to all Agreement terms, conditions and obligations. 7.3 No Third Party Beneficiaries. Nothing contained herein shall be construed to give rights or benefits to anyone other than the parties hereto. 7.4 Relationship. The relationship of the parties hereto shall be as provided for in this Agreement, and neither Professional nor any of its agents, employees or contractors are City employees. Professional shall have the sole responsibility to pay to or for its agents, employees and contractors all statutory, contractual and other benefits and/or obligations as they become due. Professional hereby warrants and indemnifies City for and from any and all costs, fees, expenses and/or damages incurred by City as a result of any claim for wages, benefits or otherwise by any agent, employee or contractor of Professional regarding or related to the subject matter of this Agreement. This indemnification obligation shall survive the termination of this Agreement. \V4I11�'[I Wier yiv-adn.,, . Mw,,I'd v,inrtnV'n,I SUh Cx,..l.�rcaViip inee,,,,UWI7V)I]..F4n1..rnimW 5(ni 1222014 II 44 AMI 'DLL Indiana. LLC Engineering-2013 Appropriation#211-509 ($2,832.80).202-401 ($23,889.00).211-401 ($8.929.68). 2200-401 ($29,495.10).203-509 (111,753.42); P.O.#25292 Contract Not To Exceed $176.900.00 7.5 Insurance. Professional shall procure and maintain with an insurer licensed to do business in the State of Indiana such insurance as is necessary for the protection of City and Professional from all claims under workers' compensation, occupational disease and/or unemployment compensation acts, because of errors and omissions, because of bodily injury, including, but not limited to, the personal injury, sickness, disease, or death of any of Professional's employees, agents or contractors and/or because of any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth on attached Exhibit C. Such insurance policies shall not be canceled without thirty (30) days' prior written notice to City. 7.6 Liens. Professional shall not cause or permit the filing of any lien on any of City's property. In the event such a lien is filed and Professional fails to remove it within ten (10) days after the date of filing, City shall have the right to pay or bond over such lien at Professional's sole cost and expense. 7.7 Default. In the event Professional: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Professional's warranties; (b) fails to perform the Services as specified; (c) fails to make progress so as to endanger timely and proper completion of the Services and does not correct such failure or breach within five (5) business days after receipt of notice from City specifying same; or (d) becomes insolvent, files, or has filed against it, a petition for receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to terminate all or any part of this Agreement, without liability to Professional and to exercise any other rights or remedies available to it at law or in equity. 7.8 Government Compliance. Professional agrees to comply with all laws, executive orders, rules and regulations applicable to Professional's performance of its obligations under this Agreement, all relevant provisions of which being hereby incorporated herein by this reference, to keep all of Professionals' required professional licenses and certifications valid and current, and to indemnify and hold harmless City from any and all losses, damages, costs, liabilities, damages, costs and attorney fees resulting from any failure by Professional to do so. This indemnification obligation shall survive the termination of this Agreement. 7.9 Indemnification. Professional shall indemnify and hold harmless City and its officers, officials, employees and agents from all losses, liabilities, claims, judgments and liens, including, but not limited to, all damages, costs, expenses and attorney fees arising out of any intentional wrongful act 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. 1\VaxxapVxl W yr 6,.-WninVAN'VA Vn1Y\avanxWrnl S.,x d(n'Jx].x.l'.iiclmm�nglVll Wit.-IT.Inxzi.x,a'4,xi.,.4i,:l2Y,I. I.1f&Sly DLZ Indiana. LLC Engineering -2013 Appropriation#211-509 ($2,832.80).202-401 ($23.889.00),211-401 ($8.929.68).2200-401 ($29,495.10), 203-509 (111.753.42): P.O.#25292 Contract Not To Exceed $176.900.00 7.10 Discrimination Prohibition. Professional represents and warrants that it and each of its employees, agents and contractors shall comply with all existing and future laws prohibiting discrimination against any employee, applicant for employment and/or other person in the subcontracting of work and/or in the performance of any Services contemplated by this Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, subcontracting or work performance hereunder because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. This indemnification obligation shall survive the termination of this Agreement. 7.11 E-Verify Pursuant to I.C. § 22-5-1.7 et seq., Professional shall enroll in and verify the work eligibility status of all of its newly-hired employees using the E-Verify program, if it has not already done so as of the date of this Agreement. Professional is further required to execute the attached Affidavit, herein referred to as Exhibit D, which is an Affidavit affirming that: (i) Professional is enrolled and is participating in the E-verify program, and (ii) Professional does not knowingly employ any unauthorized aliens. This Addendum incorporates by reference, and in its entirety, attached Exhibit D. In support of the Affidavit, Professional shall provide the City with documentation that it has enrolled and is participating in the E-Verify program. This Agreement shall not take effect until said Affidavit is signed by Professional and delivered to the City's authorized representative. Should Professional subcontract for the performance of any work under this Addendum, the Professional shall require any subcontractor(s) to certify by affidavit that: (i) the subcontractor does not knowingly employ or contract with any unauthorized aliens, and (ii) the subcontractor has enrolled and is participating in the E-verify program. Professional shall maintain a copy of such certification for the duration of the term of any subcontract. Professional shall also deliver a copy of the certification to the City within seven (7) days of the effective date of the subcontract. If Professional, or any subcontractor of Professional, knowingly employs or contracts with any unauthorized aliens, or retains an employee or contract with a person that the Professional or subcontractor subsequently learns is an unauthorized alien, Professional shall terminate the employment of or contract with the unauthorized alien within thirty (30) days ("Cure Period"). Should the Professional or any subcontractor of Professional fail to cure within the Cure Period, the City has the right to terminate this Agreement without consequence. The E-Verify requirements of this Agreement will not apply, should the E-Verify program cease to exist. 7.12 Severability. • If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be stricken, and all other provisions of this Agreement that can operate independently of same shall continue in full force and effect. \VumppxlWv,bu-WiaYANLl,nn pllnvan.VT4 S,. A,(A..la S,.,,V,,y�n¢nnElY,l?VMl-Yv,t .A,.,,I F,.k SS.::lrJ,IJ 11:(1 Ahlj DLZ Indiana. LLC Engineering- 2013 Appropriation#211-509 ($2,832.80). 202-401 ($23.889.00). 211-401 ($8.929.68). 2200-401 ($29,495.10).203-509 (111,753.42): P.O.#25292 Contract Not To Exceed$176,900.00 7.13 Notice. Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this Agreement shall be written and either hand-delivered or sent by prepaid U.S. certified mail, return receipt requested, addressed to the parties as follows: CITY: City of Carmel Douglas C. Haney Department of Engineering Carmel City Attorney One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 ATTENTION: Michael McBride PROFESSIONAL: DLZ Indiana, LLC 157 East Maryland Street Indianapolis, IN 46204 Phone: 317-633-4120 E-Mail: gfisk @dlz.com ATTENTION: Gary K. Fisk, P.E. Notwithstanding the above, City may orally provide to Professional any notice required or permitted by this Agreement, provided that such notice shall also then be sent as required by this paragraph within ten (10) business days from the date of such oral notice. 7.14 Effective Date. The effective date ("Effective Date") of this Agreement shall be the date on which the last of the parties hereto executes same. 7.15 Governing Law: Lawsuits. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, except for its conflict of laws provisions, as well as by all ordinances and codes of the City of Carmel, Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they waive any right to a jury trial they may have, agree to file such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 7.16 Waiver. Any delay or inaction on the part of either party in exercising or pursuing its rights and/or remedies hereunder or under law shall not operate to waive any such rights and/or remedies nor in any way affect the rights of such party to require such performance at any time thereafter. Wa.ral`I`a 1M+.r deb.*IninVTNllnwlV'.xlnnxW,N S.ca k fnxl ti•\V:ninrtnnk\-`UI,W V.-Hnlexni.nel lrt.ii64T.:1/1/&n-'11:31 AMI DLZ Indiana, LLC Engineering-2013 Appropriation #211-509 ($2.832.80), 202-401 ($23.889.00),211-401 ($8,929.68), 2200-401 ($29,495.10).203-509 (111,753.42); P.O.#25292 Contract Not To Exceed $176.900.00 7.17 Non-Assignment. Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder without City's prior written consent. 7.18 Entire Agreement. This Agreement contains the entire agreement of and between the parties hereto with respect to the subject matter hereof, and no prior agreement, understanding or representation pertaining to such subject matter, written or oral, shall be effective for any purpose. No provision of this Agreement may be amended, added to or subtracted from except by an agreement in writing signed by both parties hereto and/or their respective successors in interest. To the extent any provision contained in this Agreement conflicts with any provision contained in any exhibit attached hereto, the provision contained in this Agreement shall prevail. 7.19 Representation and Warranties. Each party hereto represents and warrants that it is authorized to enter into this Agreement and that any person or entity executing this Agreement on behalf of such party has the authority to bind such party or the party which they represent, as the case may be. 7.20 Headings. All headings and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 7.21 Advice of Counsel. The parties warrant that they have read this Agreement and fully understand it, have had an opportunity to obtain the advice and assistance of counsel throughout the negotiation of same, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 7.22 Copyright. City acknowledges that various materials which may be used and/or generated by Professional in performance of Services, including forms, job description formats, comprehensive position questionnaire, compensation and classification plan and reports are copyrighted. City agrees that all ownership rights and copyrights thereto lie with Professional, and City will use them solely for and on behalf of its own operations. City agrees that it will take appropriate action with its employees to satisfy its obligations with respect to use, copying, protection and security of Professional's property. 7.23 Personnel. Professional represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any contractual relationship with City. All of the services required hereunder will be performed by Professional or under his supervision and all personnel engaged in the work shall be fully qualified to perform such services. IV.....m..i W.,mu-J..n`L>Ny,aredrt.x,aWa{s.0 a r...t,s.€.2.si.,e,:.,uH'1 no z-Fna...:,,ni!.r.ia70..:1ni201+1141 AM ' DLZ Indiana, LLC Engineering-2013 Appropriation#211-509 ($2,832.80),202-401 ($23,889.00).211-401 ($8,929.68).2200-401 ($29,495.10). 203-509 (111.753.42); P.O.#25292 Contract Not To Exceed $176.900.00 7.24 Records and Inspections Professional shall maintain full and accurate records with respect to all matters covered under this agreement for three (3) years after the expiration or early termination of this Agreement. City shall have free access at all proper times to such records and the right to examine and audit the same and to make transcripts there from, and to inspect all program data, documents, proceedings and activities. 7.25 Accomplishment of Protect Professional shall commence, carry on, and complete the project with all practicable dispatch, in a sound economical and efficient manner, in accordance with the provisions thereof and all applicable laws. In accomplishing the project, Professional shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on within City's organization. 7.26 IRAN CERTIFICATION. Pursuant to I.C. § 5-22-16.5, the Professional shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. 7.27 ACCESS TO PUBLIC RECORDS ACT Professional understands and agrees that any"public record", as that term is defined in Indiana Code 5.14-3- 2(m), as amended, that is related to the subject matter of this Agreement, whether the same is in the possession or control of the Professional or the City, shall be subject to release under and pursuant to the provisions of Indiana's Access to Public Records Act, as codified in Indiana Code 5-14-3-1, et seq., as amended. (remainder of page intentionally left blank) �VnanN°IW.v Jac.-adneNAMWamK In Vae15.NnM.S.[.R G..k S.e.V]viim'nngUOI AYMI.Ndessmnl Ser.v81.,1/'Jl'I4 11:11 A\II DLZ Indiana.LLC Engineering-2013 Appropriation #211-509 ($2,832.80),202-401 ($23,839.00).211-401 ($8,929.68).2200-401 ($29,495.10).203-509 (111,753.42); P.O.#25292 Contract Not To Exceed$176.900.00 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA DLZ Indiana, LLC by and through its Board of Public Works and Safety BY: , BY: N of P('ese of �✓ &.r, James Brainard, Presiding Officer orized 'Ignature Date: 97 A- 1 15r— ,I Printed Name: Gary K. Fisk, P.E. rad Title: Vice President M. Ann Burke t e ber Date: , - FID/TIN: Last Four of SSN if Sole Proprietor: Lori S. Wats'ori, Member Date: 02/03/2014 Date: '3J1`1 / 14 ATTEST: \�/\'Q�f t�y/)/I/_jr/ /r/�Y/` /{/a {/.lv IiX-A- Iv Sandra M..q Ta'n nn 9/1/11111) a Cordray, IAMC, I k-Tre surer C'f.°t Date: g _/t,'r / • EXHIBIT A SERVICES TO BE FURNISHED BY CONSULTANT 116 Street& Hazel Dell Parkways Roundabout Intersection Design f INDOT DES No. 12975611 December 2013 DLZ Indiana, LLC (CONSULTANT) shall prepare preliminary Roundabout Design Plans for the intersection of 116th Street and Hazel Dell Parkway for the City of Carmel, Indiana, (CITY). These design plans will be approximately 45% complete, constituting Preliminary Field Check (PFC) plans. The CONSULTANT shall provide the services of qualified engineers, surveyors, CADD technicians and administrative staff as necessary to complete the various tasks outlined within this scope of work. The approach used for this project will be segmented and possibly phased into various tasks, as required by the Indiana Department of Transportation (INDOT) Guidelines. These tasks will be used to describe the process and to acknowledge completion of necessary project milestones. The tasks and products required to complete this work are described as follows in the general order in which they will be performed. The design process will follow INDOT's "Local Public Agency Project Development Process Guidance Document for Local Federal Aid Projects,effective April 18, 2012". A. PROJECT MANAGEMENT The CONSULTANT shall provide Project Management services including the following: 1. The CONSULTANT shall manage the activities described in this Scope of Work among the project team members. The CONSULTANT's project manager (PM) will be in charge of overall project management in addition to being the CITY's direct link to the design team for issues concerning administration and technical execution. The PM will be responsible for coordinating the activities of all SUBCONSULTANTS and acting as liaison between professional and any outside agencies and/or groups. The PM will also be responsible for maintaining schedule and budget. 2. The CONSULTANT shall coordinate and attend meetings with the CITY, as required, to facilitate the management of the project design elements. Meetings will be held to discuss technical issues requiring action by the CITY and other third parties. Meetings will be held with the CITY on an as- needed basis. The CONSULTANT will prepare minutes of all such meetings and distribute them to all participants.This scope of work includes a maximum of two (2) project progress meetings. 3. The CONSULTANT shall coordinate and prepare quarterly INDOT forms for review by the CITY prior to submittal to INDOT/Indy MPO. This scope of work includes up to four(4) quarterly meetings or report preparations with INDOT/CITY/MPO. 4. The CONSULTANT will conduct an initial kickoff meeting with the CITY, and INDOT's Greenfield District, if appropriate, to obtain the necessary available information to provide an accurate and technically proficient design and construction project. meth._ Iabll B. TOPOGRAPHIC FIELD SURVEY& ROUTE SURVEY PLAT Survey Control Horizontal Control — CONSULTANT shall establish necessary random horizontal control using Global Positioning Systems (GPS) or conventional optical traversing methods. Horizontal control values shall be initially based upon the Indiana State Plane Coordinate system, East Zone, North American Datum 1983. Vertical control - CONSULTANT shall establish vertical control based upon North American Vertical Datum 1988. CONSULTANT will establish one vertical control base station by static GPS/OPUS methods while constraining to and checking into at least two nearby available NGS stations. Additional vertical control points (random control stations and temporary benchmarks) will be established by conventional differential leveling techniques. Topography The length of survey will extend 1,000 feet north and south, and 700 feet east and west of the intersection of 116th Street and Hazel Dell Parkway as shown on the attached aerial Exhibit A-Survey Limits. Road Cross-sections shall be taken at 50-foot intervals and shall extend no less than 100 feet either side of the centerlines of both 116x`Street and Hazel Dell Parkway. Known underground utilities, which are marked in the field by the respective utility or by its representative or contractor, that fall within the survey limits, shall be located. Above ground utilities and their appurtenances that fall within the survey limits shall be located. • Drainage/sewer structures found within the survey limits shall be located and sized and connected to key offsite structures if they exist. In addition, the edge of water of the lakes in the northeast and southwest quadrants of the intersection will be located adjacent to general survey limits. No survey will be performed within the water. Hydrographic survey is not included in this scope of services. Other topographic features that fall within the survey limits shall be located and shall include but shall not be limited to: 1. Trees over 8 inches (Edge of tree-lines in heavily wooded areas) 2. Significant landscaping and fences 3. Driveways, walks and their surface types 4. Buildings and/or dwellings 5. Roadway surface types 6. Utility installations if at surface or otherwise marked Alignment Survey alignment for both shall be established from the existing pavement location in the absence of predefined alignments, which are recoverable, provided by the Carmel City Engineer or the Hamilton County Engineer or County Surveyor. Boundary and Right of Way Determination Fee parcel lines established this survey shall be based upon record documents found in the Hamilton County Recorder's Office and/or other public sources, i.e., GIS. A- 1.1 �( CONSULTANT shall establish granted Right of Way if documented with the Hamilton County Surveyor's Office by official County Commissioner's record or other Hamilton County Officials' record with legal authority to establish Rights of Way, or from deeds or right of way grants provided to CONSULTANT by the Carmel City Engineer. CONSULTANT shall make every effort to recover and/or re-establish needed section corners as defined in Title 865 I.A.C. 1-12 (Rule 12). CONSULTANT believes it may be necessary to recover or re-establish as many as 5 section corners which control the location of the affected fee parcels. Many of these corners are located as far as one half mile from the site. Location Control Route Survey Plat CONSULTANT shall prepare a Location Control Route Survey Plat for recordation in accordance with Title 865 I.A.C. 1-12 (Rule 12). This plat shall provide the necessary alignment, section corner and other title information needed for the preparation of Right of Way Parcel Plats and Descriptions. The plat shall display alignment monumentation and reference ties to those monuments as well as coordinate values for random control and alignment points. CONSULTANT shall record this plat in the Hamilton County Recorder's Office. Assumptions The scope is based upon the following assumptions: 1. CONSULTANT shall have unrestricted access to the survey site and adjoining lands. 2. The limits of the survey shall be as described herein. 3. The CITY shall provide the CONSULTANT with plans and any right of way documents which might cover area of survey. C. ENVIRONMENTAL DOCUMENTATION The CONSULTANT shall perform the following services to complete a Level 2-4 Categorical Exclusion Environmental Study (CE) to satisfy State and Federal environmental documentation requirements for construction of a roundabout at the intersection of 116`h Street with Hazel Dell Parkway, in the City of Carmel, Indiana. The environmental services shall also include the appropriate level of Section 106 consultation and documentation for INDOT/FHWA approval of a finding of No Historic Properties Affected or No Adverse Effect. The environmental compliance services shall consist of the following work elements: 1. Perform field reconnaissance of resources within the project area and collect preliminary information about the project and project area including supporting maps and photographs (aerial and ground). 2. Prepare a Red Flag Investigation Submittal for CLIENT review. 3. Perform Early Coordination with state and federal natural resource and regulatory agencies. 4. Identify potential Section 106 consulting parties, prepare consulting party invitation/early coordination letter. 5. Assess comments received from SHPO and other consulting parties pertaining to the Section 106 consultation documentation, assess potential effects. 6. Submit INDOT-approved No Historic Properties Affected or No Adverse Effect and Findings documentation to SHPO and other consulting parties for a final 30-day comment period for concurrence or objection to the Finding. 7. Prepare up to two De Minimis Section 4(f) evaluations for involvements with identified historic properties, or other Section 4(f) properties (City Park, City Trail), if applicable. 8. Prepare Public Notices in accordance with INDOT procedures, for publication in a widely circulated project area newspaper, for a concurrent 30-day comment period in order to solicit public comments on the Section 4(f) De Minimis Evaluation(s)and Section 106 Findings. 9. Perform environmental studies (including Environmental Justice analysis) and prepare a Draft CE, using the appropriate current INDOT document template, for INDOT review/comment. Revise the Draft CE, as necessary, and submit to INDOT for approval/release for public involvement. 10. Revise the CE based upon public hearing comments (if required), and submit the CE to INDOT for final approval. 11. Prepare requested duplicate copies of approved CE for CLIENT distribution and files. The above described environmental compliance services shall be performed in accordance with INDOT/FHWA-IN guidance documents including the Procedural Manual for Preparing Environmental Documents (2008), the INDOT Categorical Exclusion Manual (2011), the Indiana Cultural Resources Manual(2008) and other guidance and/or procedures for compliance as issued by INDOT and FHWA. D. HISTORICAL/ARCHITECTURAL RECORDS CHECK AND SURVEY The CONSULTANT will utilize the services of H&H Associates, LLP for this task. The scope of services required for this project will include: 1. Determine the Area of Potential Effect (APE). 2. Identify historic resources: field survey, literature review (National Register of Historic Places database, county interim reports, Sanborn maps, USGS maps, atlases, census records, and/or other records). 3. Evaluate significance of any historic resources identified using the National Park Service's National Register Criteria for Evaluation. 4. Complete a Historic Properties Long or Historic Properties Short Report, including maps and photography, as required. E. ARCHAEOLOGICAL RECORDS CHECK AND RECONNAISSANCE SURVEY The CONSULTANT will utilize the services of Pioneer Consulting Services for this task. In compliance with current Indiana Department of Natural Resources, Division of Historic Preservation and Archaeology guidelines the following survey techniques would be employed: 1. The fieldwork will consist of a pedestrian survey at an interval of 10 meters in areas with 30% or greater surface visibility. 2. Portions of the project area with less than 30%visibility will be examined by screened shovel probes measuring approximately 35cm by 35cm by 35 to 50cm deep.The shovel probes will be placed at an interval of 15 meters. 3. If artifacts are located, the survey interval will be reduced to 5 meters. 4. In areas of alluvial soil, soil cores will be excavated to confirm the presence of intact alluvial soils. F. PRELIMINARY WETLAND DETERMINATION Preliminary wetland determination services will be provided for intersection improvements at 161s` Street and Hazel Dell Parkway in the City of Carmel County, Indiana (Client). All services shall be performed in compliance with the Corps of Engineers 1987 Wetland Delineation Manual(Department of the Army Technical Report Y-87-1) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region (Version 2.0). Note: A Preliminary Wetland Determination does not meet Corps of Engineers requirements for determining wetland impacts for permitting purposes. Formal routine wetland delineation is required for permitting purposes, if wetlands are present. Preliminary Wetland Determination 1. Gather available secondary source data including, but not limited to, topographic and/or USGS quadrangle maps, National Wetland Inventory Maps, NRCS soil surveys, stream data, aerial photographs, FEMA flood maps and various documents and maps that may be available from State, county or local public agencies. 2. Perform a preliminary on-site reconnaissance to confirm the soil profile, collect supplemental information about the general characteristics of the vegetation, and identify site hydrology including any evidence that the hydrology has been altered. 3. Review the collected data and determine whether the vegetation, soils and hydrology characteristics indicate the presence of jurisdictional wetland(s). 4. Prepare a brief letter report of the wetland determination findings including a location map and study boundary shown on a site drawing or aerial photograph. If wetlands are identified, the CONSULTANT will commence with Routine Wetland Delineation upon authorization by the Client for additional services. Excluded Wetland Services The following services are excluded from this task. However, if requested by the CITY, the CONSULTANT will prepare a Scope of Work and estimated fee for services listed below. 1. Comprehensive wetland delineation per the Corps of Engineers Manual if required by the Corps. 2. Pre-application permit scoping with the Corps of Engineers. 3. Wetland Delineation 4. Wetland Permitting 5. Wetland Mitigation Design Plans 6. Stream Mitigation Plans 7. Annual mitigation monitoring, if required as a permit condition. 8. Floristic Quality Assessment 9. Threatened and Endangered Species Surveys 10. Any Section 106 (Historic Property) Consultation or Investigations that may be requested by the Corps of Engineers during the permit process. 11. Other site investigations that may be required as a permit condition A Sol I( G. ROUNDABOUT DESIGN AND PLANS The CONSULTANT will prepare a roundabout concept prior to starting the detailed design of the roundabout. The concept will be prepared utilizing the most recent traffic data collected by the CONSULTANT as a part of this scope of services. Morning (AM) and Evening (PM) peak hour intersection turning movement counts will be collected by the CONSULTANT for the subject intersection. The traffic growth rate of 2% per year will be selected, as per the previously conducted "Traffic Congestion and Safety Study, 2009" (unless otherwise directed by the CITY)and traffic projections for the 20-year design horizon (year 2036) will be made accordingly. The CONSULTANT shall utilize Rodel roundabout capacity analysis software for evaluating the design year roundabout capacity and for determining the lane requirements. DLZ will present the concept with the design year lane requirements to the City and upon approval will proceed with the detailed design. Based on the preliminary Rodel analysis, it is assumed that a 3-lane roundabout may be required at the subject intersection (3-lane entry/exit along Hazel Dell Parkway and 2- lane entry/exit along 116th Street) and the same has been assumed for the purposes of this scope of service. A conceptual layout was developed by the CONSULTANT as presented in Exhibit B —Roundabout Concept. Design plans for the roundabout at the intersection of 116th Street and Hazel Dell Parkway will be in accordance with INDOT Design Manuals for the reconstruction (3R Non-Freeway) of an urban arterial street in effect at time of notice to proceed of the design contract. INDOT geometric design table 55-3F will be used. The CONSULTANT will verify that dimensions, lane widths, tapers, intersection radii, and other design requirements shall meet INDOT requirements and shall also be in accordance with American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets, 2011; NCHRP Report 672, Roundabouts: An informational Guide, Second Edition; Indiana Manual on Uniform Traffic Control Devices (IMUTC) 2011; AASHTO Guide for the Development of Bicycle Facilities, 2012; and other design criteria as specified by the CITY in effect at time of notice to proceed of the design contract. The specifications for this project shall conform to the latest version of the INDOT Standard Specifications, Supplemental Specifications, Reoccurring Special Provisions, Standard Drawings and updates. The Project's design vehicle will be WB-65 while the design speed will be 35MPH along the roundabout approach roadways. The design of the roundabout will consist of asphalt pavement. The proposed roundabout will be designed with sidewalks and multi-use paths. Crosswalks and ADA compliant ramps will be designed for each leg (at entry and exit locations). The design shall feature concrete curbs with an enclosed storm sewer network to provide drainage away from the pavement areas. The CONSULTANT will analyze the existing contours and flow patterns to determine the appropriate outlets for the storm sewer system. The CONSULTANT will submit the design plans for review in accordance with the current INDOT plan development submittal process as follows: 1. Preliminary Field Check (PFC) and hold Preliminary Field Check meeting During the course of the design, the CONSULTANT will attend a maximum of following meetings: 1. One (1) meeting to review and finalize the roundabout concept prior to proceeding with the A 6 °i t1 detailed design. 2. One (1) PFC Meeting. 3. Two (2) project progress meetings with INDOT and/or CITY. N. ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by the CITY through an executed supplemental agreement, CONSULTANT shall furnish, or obtain from others, Additional Services of the types listed in the following paragraphs. These Additional Services will be paid for by the CITY for a mutually agreed additional fee at a later date, as requested by the CITY or as necessitated by the project. The additional services that may be performed are included, but not limited to, the following: 1. Design plans beyond PFC plans. 2. Pavement marking or signing plans. 3. Lighting and Landscaping design. 4. Geotechnical services. 5. Erosion control plans and Rule 5 permit. 6. Any Right of Way engineering or services. 7. Wetland delineation. 8. Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with the project. 9. Investigations and studies involving, detailed consideration of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for the project; evaluating processes available for licensing and assist CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor; and audits or inventories required in connection with construction performed by CITY. 10. All activities and items associated with Right-of-Way Acquisition including but not limited to, appraising, review appraising, right-of-way acquisition coordination and management services are not included in the current scope of work or fee. These items will be added at a later date through separate agreements approved by the CITY and CONSULTANT. 11. Roundabout renderings. 12. Retaining Wall Design. 13. Landscaping including"green" design elements such as Best Management Practices (BMP) plantings, pervious pavers, rain gardens and a concrete pavement design. 14. Concrete and asphalt pavement design options and comparison. 15. Drainage detention or off-site drainage design. 16. Waterway permits or waters report. 17. Preparation of an Environmental Assessment (EA) or Environmental Impact Statement (EIS) is neither anticipated nor included. Specialized environmental compliance and/or assessment services including, but not limited to, Section 4(f) Evaluation for land acquisition from public parks, recreational areas, wildlife and waterfowl refuges, and/or historic sites; Section 6(f) Evaluation; wetland delineation; wetland mitigation design and permitting; Section 106 finding of "Adverse Effect"; Biological Assessment and consultation under Section 7 of the Endangered Species Act; aquatic or macroinvertebrate survey; Initial Site Assessments and/or Preliminary Site Investigation for hazardous substances and/or contamination; detailed traffic noise study; Sole Source Aquifer groundwater assessment; detailed karst investigation, intensive historic structure survey; intensive level (Phase lb and/or Phase lc) archaeological investigation. A. 18. Environmental Site Assessment (ESA) is not included in Appendix "A", as it is assumed that no hazardous material/hazardous waste parcels exist within the project area. 19. Furnishing services of independent professional associates and consultants, if requested by the CITY. 20. Any proprietary material request. 21. Design for any traffic or pedestrian signals. 22. Mid-Block pedestrian crossings. 23. Services during out of town travel required of CONSULTANT other than visits to the site or CITY's office. 24. Assistance in connection with bid protests, re-bidding or renegotiating contracts for construction, materials, equipment or services. Preparation of revised bid documents for re-bidding in the event that bids as received are rejected. 25. Preparing to serve or serving as a consultant or witness for CITY in any litigation, arbitration or other legal or administrative proceeding involving the project. 26. Construction Inspection and/or observation, including any construction phase office services. 27. Services to make measured drawings of or to investigate the accuracy of drawings or other information furnished by the CITY. 28. As-built drawings. 29. Any utility relocation design. 30. Subsurface utility engineering. 31. Attendance or preparation for any public meeting or presentations other than a Public Hearing, if required as per INDOT requirements. 0. INFORMATION AND SERVICES TO BE FURNISHED BY THE CITY The CITY shall furnish the CONSULTANT with the following: 1. Additional criteria for design and details for signs, roundabout, highway and structures such as grades, curves, sight distances, clearance, design loading, etc. 2. CITY specifications and standard drawings applicable to the project. 3. The light fixture type and standards to be used for lighting design. Minimum of three (3) manufacturers will be provided. 4. Existing road and bridge plans of existing facilities within the project limits. S. Utility plans available to the CITY covering utility facilities governing the location of signals and underground conduits throughout the affected areas. 6. Utility line depths, as requested by the CONSULTANT to•aid in performing the services stated in this scope of services. 7. Guarantee access to enter upon public and private lands as required for the CONSULTANT to perform work under this scope of services. 8. Right of Way certifications, as needed. P.SCHEDULE OF SERVICES PFC plans are expected to be complete and PFC meeting held within 8 months of the Notice to proceed (NTP). gilt Q. FEE FOR SERVICES In consideration for the above, the CONSULTANT will be compensated a Lump Sum fee of$176,900.00, including expenses.A breakdown of fee is presented as follows: SERVICES FEE Project Management $10,000.00 Topographic Survey $20,800.00 Location Route Survey Plat $8,900.00 Roadway Design (Preliminary Pans—45%) $103,000.00 Environmental Document $28,200.00 (CE, including Archeological/Historic Records Check) Wetland Determination $5,000.00 Misc. 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VENDOR NO. DESCRIPTION ‘11t3 k% 'ENDOR SHIP 1.)e--s\ ` . o€' ✓ 'vl NFIRMATION BLANKET CONTRACT PAYMENT TERMS FREIGHT QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION J fT Jam=,. • \ �Sys A41 J e . � 1I D 1 'SI Svc- ,,,,,,ppp,,as Yp rcTyTM4'ffit.a. a0 t Ce Send Invoice To: BJ �� At t -Y Q t 100 .0-0 i 2 .\ -So°I - -2_,S" 32, .'0 202 -401 - 231 S I '"' 211— q o 1 - , ` 2-ck.(A 220o -401 - 21, 4 `tc,1O PLEASE INVOICE IN DUPLICATE 2.O 7 —Co i - 114 -` --2. 153.42 DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT PAYMENT • NP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. SHIPPING INSTRUCTIONS • I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN • SHIP REPAID. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. •C.O.D.SHIPMENTS CANNOT BE ACCEPTED. • PURCHASE ORDER NUMBER MUST APPEAR ON ALL ORDERED BY SHIPPING LABELS. •THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS 1945 TITLE AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. 2 5 2 9 2 CLERK-TREASURER