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CHA Consulting/ENG/180,085/96th Priority Way RABCHA Consulting, Inc. Engineering - 2015 Appropriation #202- 4340100, 202-R4460500; F.O. #32640, 31905 Contract Not To Exceed $180, 085.00 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement ") is hereby made and entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety (hereinafter "City "), and CHA Consulting, Inc. (hereinafter '`Professional ") RECITALS WHEREAS City owns and is responsible for the operation and maintenance of its property, personnel, public works and infrastructure; and WHEREAS, from time to time, City needs professional assistance in fulfilling its foregoing responsibilities; and WHEREAS, Professional is experienced in providing and desires to provide to City the professional services ( "Services ") referenced herein; and WHEREAS, City desires to engage Professional as an independent contractor for the purpose of providing to City the Services referenced herein; NOW, THEREFORE, in consideration of the foregoing recitals and the covenants and conditions set forth herein, City and Professional mutually agree as follows: SECTION 1. INCORPORATION OF RECITALS The foregoing Recitals are hereby incorporated into this, Agreement and made a part hereof. SECTION 2. SCOPE OF SERVICES 2.1 City desires to engage Professional as an independent contractor for the Services set forth in attached Exhibit A, incorporated herein by this reference. 2.2 Professional understands and agrees that City may, from time to time, request Professional to provide additional or modified Services to City.. When City desires additional Services from Professional, the City shall notify Professional of such additional Services desired, as well as the time frame in which same are to be provided. Only after City has approved. Professional's time and cost estimate for the provision of such additional Services, has encumbered sufficient monies to pay for same, and has authorized Professional, in writing, to provide such additional Services, shall such Services be provided by Professional to City. A copy of the City's authorization documents for the purchase of additional Services shall be numbered and attached hereto in the order in which they are approved by City. 2.3 Time is of the essence of this Agreement. Coitsuliing, l:. rrofFs. i:,,:,i Smite . - 3ntnrns 8:34 aaijj .CHA Consulting, Inc. Engineering -2015 Appropriation #202 - 4340100, 202-R4460500; P.O. #32640, 31905 Contract Not To Exceed $180, 085.00 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 numbers 202- 4340100 and 202- R4460500 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 beano more than One Hundred Eighty Thousand and Eighty Five Dollars ($180,085.00) (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. c,■ocr. s.w;1ai.iKTioceoiscuA Inc. P nr< nn:,i / 1 6 n 0 s CHA Consulting; Inc. Engineering - 2015 Appropriation #202- 4340100, 202- R4460500; P.0, #32640, 31905 Contract Not To Exceed $180, 085.00 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, 2015, 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, IS:1CmuraclaV'rMMS.i. & Goods 5,cs EnginrcrinsV20 I SCNA Con.uliine. Inc. Pr.fci.ional Scr.ims.doe::4I6/2115 8:z7.A\IB CHA Consulting, Inc. Engineering - 201.5 Appropriation #202 - 4340100, 202-R4460500; P.O. #32640, 31905 Contract Not To Exceed $180, 085.00 7.5 Insurance. Professional shall procure and maintain with an insurer licensed t� do business ih 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 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. jSaCainnaasNmLS.cs A C&,..& S' 11Engiimrinc\?JI AC HA Cunsnllin . Lm. Plaf v.inunl Sn.iev slo_: AG /21115 6:;a AM4 CHA Consulting, Inc.. Engineering - 2015 Appropriation #202 - 4340100, 202- R4460500; P.O. #32640, 31905 Contract.Not To Exceed $180, 085.00 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 (i!) Professional does not knowingly employ any unauthorized aliens. This Addendum incorporates by reference, and in its entirety, attached Exhibit D. In support of the. Affidavit, Professional shall provide the City with documentation that it has .enrolled and is participating in the E- Verify program: This Agreement shall not take effect until said Affidavit is signed by Professional and delivered to the City's authorized representative.. Should Professional subcontract for the performance of any work under this Addendum, the Professional shall require any subcontractor(s) to certify by affidavit that (i) the subcontractor does not knowingly employ or contract with any unauthorized aliens, and (ii) the subcontractor has enrolled and is participating in the E- verify program. Professional shall maintain a copy'of such certification for the duration of the term of any subcontract. Professional shall also deliver a copy of the certification to the City within seven (7) days of the effective date of the subcontract. If Professional, or any subcontractor of Professional, knowingly employs or' contracts with any unauthorized aliens, or retains an employee or contract with .a person that the Professional or subcontractor subsequently learns is an unauthorized alien, Professional shall terminate the employment of or contract with the unauthorized alien within thirty (30) days ( "Cure Period'). Should the Professional or any subcontractor of Professional fail to cure within the Cure Period, the City has the right to terminate this Agreement without consequence. The E- Verify requirements of this Agreement will not apply, should the E- Verify program cease to exist. 7.12 Severability, If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be stricken, and all other provisions of this Agreement that can operate independently of same shall continue in full force- and effect. �S?G nniraasWn, LS, cs &Go.icS.cs\GngiurodtigLU15\CiiA Cmwiung. Inc. Pro(aionui Ser,ices.a 3 /i6l2OJ58.3I ANifi CHA Consulting, Inc. Engineering - 2015 Appropriation #202 - 4340100, 202- R4460500; P.O. #32640, 31905 Contract Not To Exceed $180, 085.00 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 Department of Engineering One Civic Square. Carmel, Indiana 46032. ATTENTION: Jeremy Kashman PROFESSIONAL: CHA Consulting 300 South Meridian Street Indianapolis, Indiana 46225 317 - 780 -7133 ATTENTION: Scott Hornsby Douglas C. Haney Carmel City Attorney One Civic Square Carmel, Indiana 46032 Notwithstanding the above, City may orally provide to Professional any notice required or permitted by this Agreement, provided that such notice shall also then be sent as required by this paragraph within ten. (10) business days from the date of such oral notice. 7,14 Effective Date. The effective date ( "Effective Date ") of this Agreement shall be the date on which the last of the parties hereto executes same. 7.15 Governing Law; Lawsuits. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, except for its 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. ISa,intra:rWroGS,tx l Gasl:S.rsTiicinccringV2g151C11q ConsnI,ing, & ,. Nrnfcisiniol.Scni,c,tio,MIN2015 CHA Consulting, Inc. Engineering - 2015 Appropriation #202 - 4340.100, 202 - 84460500; Contract Not To Exceed $180.085.00 7.17 Non - Assignment. P.0.#32640, 31905 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. Alt_ 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. IS :KontrnrtsWr, Smx C Go <k So:.;V:ngilwrin;\:015\CNA Chi, Ina thofeuional Sa vicoc.dnc:.'JIGC015& —I .4UV CHA Consulting, Inc. Engineering - 2015 Appropriation #202 - 4340100, 202- R4460500; P.O. #32640, 31905 Contract Not To Exceed $180, 085.00 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 Project Professional shall commence, carry on, and .complete the project with all practicable dispatch, in a sound economical and efficient manner, in accordance with the provisions thereof and all applicable laws. In accomplishing the project, Professional shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on within City's organization, 7.26 IRAN CERTIFICATION. Pursuant to LC. §. 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) IS: \C nlracls1ProESRS.'Gait; Sr.W.rginterin 1201 SlCflA Cnnwliin., Inc. Professional Smircs.J «: ?/16/2U13 .AM8 CHA Consulting, Inc. Engineering - 2015 Appropriation #202- 4340100, 202- R4460500; P,0. #32640, 31905. Contract Not To Exceed $180, 085.00 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety BY: (L . mes Brainard, Presiding Officer Date: % Mary Ann Date: urke, Member — / —/S— Lori SI Wa •n, Member Date: ATTEST: Yh- na Cordray, IAMC, Clerk Treasurer Date: - lS CHA Consulting, Inc. Authorized Signature Printed Name: t iziivt S 67. iCcad Title:. a Cz Pfes` i c {e,i t, FID/TIN: Iti, - C p Last Four of SSN if Sole Proprietor: Date: 3 S 15:5Cbmra tATrn(Sccs & Ga-d:S _c\I:ninr ,ingLOLRCFIA Couwllin, Inc. Rnlcssinnal Srr.ica.d,r.:9 /1(/2015 04 AM9 Exhibit A -1 96th Street at Priority Way W. Drive Roundabout Construction ( INDOT Des. No. 1400937) Preliminary Engineering Scope of Services March 20, 2015 Project Description CHA Consulting, Inc. and its project team (the Consultant), is the design Consultant to the City of Carmel (the Owner) for the design of a new roundabout at the intersection of 96th Street and Priority Way W. Drive. The design will convert the intersection from a signalized intersection to allow for safer, less congested movement of traffic on 96th Street in the vicinity of the Priority Way W. Drive intersection. The project also includes improvements to the north and south approaches on Priority Way, and enhancements to the Aronson Drive intersection. Specific project limits are: • 96th - Street from 100 feet west of Aronson Drive to the west curb line of Marie Drive; • Priority Way W. Drive from the north curb line of East Advisory Way to 100 feet north of 96th Street; • Aronson Drive from 150 feet south to 100 feet north of 96th Street. The Consultant will be responsible for the management, coordination, and design of all elements required to provide 100% design plans for this project for letting by the Indiana Department of Transportation. It is anticipated that the design and and acquisition portions of the project will be locally funded. The construction engineering services and project construction will be funded via an 80 /2o federal /local split. The federal portion of the project funding consists of $1.92 million in Congestion Mitigation Air Quality (CMAQ) funds, including $1.68 million for construction /utility relocation, and $0.24 million for construction engineering. Stage 2 project design plans were submitted for most of the project area in 2011. The plans will be updated to reflect current conditions, standards, and specifications. Traffic counts and analysis will be conducted to determine the validity of the current design, and changes to existing field conditions at the time of the original Stage 2 plan submittal will be identified and documented. The federal funding for the project is set for obligation in Fiscal Year 2017. The project has obtained a Designation Number (1400937), and has been included in the Indianapolis MPO Transportation Improvement Plan. The project design shall conform to City of Carmel Design Standards augmented by the Indiana Department of Transportation (INDOT) Design Manual, standard details, specifications, policies and procedures (in force at the time of the execution of this Agreement) and the Indiana Manual on Uniform Traffic Control Devices (IMUTCD). The project will be developed in U.S. Customary Units, and will be in accordance with the INDOT Local Public Agency (LPA) Project Development Process Guidance Document (August 2013 version). This Appendix A includes additional Work to be performed during CY 2016 and to be authorized by an executed Amendment for Additional Work to this Agreement as well as work that is included in this Agreement for performance during CY 2015. The additional Work to be performed during CY 2016 is only required to be performed by Consultant upon execution of an executed amendment to this Agreement authorizing the additional work and additional associated fees. Page 1 of 14 Exhibit A -1 Consultant shall not be required to perform the work for 2016 without the execution of such an Amendment. Failure of Consultant to perform such work for 2016 without such an Amendment, shall not be regarded as a breach of this Agreement. The fee as set out in Section 5 Compensation of the Agreement is only for the work to be performed in CY 2015 as illustrated in the Fee Schedule attached as well as the table below. A more detailed discussion of the Consultant's services is described in the following specific sections: Section Section 1 Description; Traffic Data Collection /Analysis /Simulation — All work to be done in CY 2015 ($20,500.00). Section 2 Environmental Document and Permitting — All work to be done in CY 2015 ($21,300.00). Section 3 - -- Public Involvement — All work to be done in CY 2015 ($13,400.00). Section 4 Project Management and Roadway /Drainage Design — 47% of Work to be done in CY 2015 ($69,110.00). 53% of Work to be done in CY 2016 upon executed Amendment for additional Work ($79,o9o.00). Section 5 Utility Coordination - 5o% of Work to be done in CY 2015 ($24,65o). 5o% of Work to be done in CY 2016 upon executed Amendment for additional Work ($24,65o.00). Section 6 Abstracting and Right of Way Engineering — All Work to be done in CY 2015 ($26,125.00). Section 7 Supplemental Topographic Survey — All work to be done in CY 2015 ($5,000.00). Section 8 Bidding and Construction Services - All Work to be done in CY 2016 upon executed Amendment for additional Work ($12,600.00). Section 1: Traffic Data Collection /Analysis /Simulation Obj ective The objective of this section is to collect traffic data and perform traffic analysis /simulation to determine the required number of lanes on 96th Street and Priority Way W. Drive, and to determine the configuration of the proposed roundabout. Deliverables ® AM /PM peak hour traffic count xeports. ® Synchro Analysis (existing intersections). ® VISSIM Simulation (proposed conditions). ® Existing Conditions /Proposed Configuration Memorandum. Coordination • The Consultant will coordinate directly with the Owner's representative regarding all existing traffic count, signal timing, and existing signal design plan information. Page 2 of 14 Exhibit A -1 • The Consultant will coordinate with the Indianapolis MPO to determine 20 -year traffic volume growth rates. Activity • The Consultant will conduct AM and PM peak hour traffic counts at the following intersections: o 96th Street /Keystone Avenue; o 96th Street /Aronson Drive; o 96th Street /Priority Way W. Drive. • The Consultant will perform a Synchro analysis of AM /PM peak hour conditions at each of the above intersections, and will document existing Level of Service (LOS), 95% queue, and delay as a baseline for comparison to the proposed condition. Existing traffic volumes will be balanced, and volume maps will be developed for the existing AM /PM peak for the study corridor. • The Consultant will coordinate with the Indianapolis MPO to determine 20 -year traffic volume growth rates, and will develop traffic volume maps for the 20 -year AM /PM peak conditions for the study corridor. • The Consultant will perform a VISSIM analysis of 20 -year traffic operations along 96th Street for the study corridor, including the Keystone, Aronson, and Priority Way W. Drive intersections. 20 -year LOS, 95% queue lengths, and delay will be documented for the proposed configuration. • The Consultant will develop a technical memorandum documenting all traffic analysis and recommendations, including LOS existing and proposed LOS /queue /delay tables and an exhibit depicting the proposed configuration. Assumptions • AM Peak hour =7 -9 AM • PM Peak hour = 4 -6 PM • Final 96th Street /Priority Way W. Drive and 96th Street /Aronson Drive intersection configurations will be determined via the above analysis. • Project design year is 2035 to correspond to MPO traffic growth model. Information Supplied by Owner • See Appendix "B" Items Specifically Not Included • Signal warrant analysis. Section 2: Environmental Document and Permitting Objective The objective of this section is to develop environmental documentation for the project in conformance with the INDOT LPA Guidance Document Chapter 6 (Environmental Processing /Permitting), City of Carmel, and Federal Highway Administration (FHWA) requirements. Existing environmental documentation from a recent project will be utilized as a Page 3 of 14 Exhibit A -1 resource in developing the CE -2 document. FHWA has requested development of a new CE document for this project, independent of the previous project environmental document. Deliverables • "Legal notice of planned improvement" documentation. • Categorical Exclusion Level 2 (CE -2) Environmental Document. Coordination • All work efforts will be coordinated through Owner's representative, INDOT, and FHWA. Activity • Red Flag survey will be conducted by the Consultant and will include a review of the Indiana GIS Atlas developed by the Indiana Geological Survey in conjunction with INDOT. The investigation will be utilized to identify areas of concern (Red Flags) within the project area. Once completed, the survey will be provided to the designers and included in the CE. • A field inspection of the project site will be conducted by the Consultant to identify the locations of environmental resources, both physical and natural. Any special investigations will be undertaken, as appropriate, and all identified resources will be located on aerial mapping. • The Consultant will prepare and distribute an early coordination letter to the appropriate local, state, and federal resource agencies requesting comments on the proposed project. The letter will include a description of the existing project area, project location, and proposed project information. A graphic of the project area and any known potential environmental issues will also be included with the letter. • Section xo6 consultation, as required by the National Historic Preservation Act, will be completed prior to submittal of the CE document for approval. As required by INDOT and FHWA, all tasks for this evaluation will be completed by individuals satisfying the Secretary of Interior Professional Qualification Standards. The consultation will included the following tasks: o A Historic Property Report (HPR) has been developed documenting the characteristics and eligibility of any historic properties found within the Area of Potential Effect (APE) for a previous project. The 96th Street /Priority Way W. Drive project location was included in the previous investigations. Coordination will continue to occur with the INDOT Cultural Resources Section and the FHWA to determine the necessary steps to incorporate the information gathered into an appropriate document for this project. The document will be provided to the Indiana SHPO and invited Consulting Parties for review and comment as necessary. o Documentation required for the issuance and concurrence of the appropriate effect finding will be completed to a level of "No Historic Properties Affected ". Correspondence with invited consulting parties and the preparation of public notices offering the opportunity for public comment will be completed as necessary, prior to CE document approval. • A Categorical Exclusion Level 2 (CE -2) will be prepared in accordance with FHWA regulations and the aforementioned INDOT guidance documents. The draft document will be submitted to INDOT for review and comment. Comments received will be evaluated and appropriate revisions will be completed. The revised study will be resubmitted for document approval. Page 4 of 14 Exhibit A -1 • The Consultant will prepare, distribute, and advertise a legal notice of planned improvement in accordance with Title 23, Code of Federal Regulations, Section 771.111(h) titled "Early Coordination, Public Involvement and Project Development ". • The Consultant will prepare and submit the necessary documentation to receive the environmental permits required for the construction of this project. These permits include: o Rule 5 permit. o City of Indianapolis Flora permit. Assumptions • All environmental services will be completed in accordance with the INDOT Procedural Manual for Preparing Environmental Studies (2008 Edition). • CE -2 document will be in accordance with National Environmental Policy Act (NEPA) requirements. • Project will have land disturbance exceeding one acre. • Rule 5 permit and City of Indianapolis Flora permit will be submitted with Stage 3 design plans. No additional environmental permits will be required. • The Rule 5 permit application fee is $loo. • No wetlands, regulated waterways, or legal drains are affected by the project. Information Supplied by Owner • See Appendix "B ". Items Specifically Not Included • No adverse effect/adverse effect documentation/memorandum of agreement. • Archaeological records review or reconnaissance (previously completed). • Wetland and Waterway determination /delineation (previously completed). • Formal Section 7 coordination with the US Fish and Wildlife Service. • Phase I or II ESA (previously completed). • Detailed groundwater assessment. • Resource specific cumulative impact analysis. • Carbon monoxide /particulate matter 2.5 hot spot analysis. • MSAT analysis (level 3, 4, or 5). • Section 4(f) analysis • Section 6(f) • Noise analysis Section 3: Public Involvement Obj ective The objective of this task is to complete the public involvement process for the project in accordance with the INDOT Public Involvement Manual and Chapter 8 of the INDOT LPA Project Development Process Guidance Document. Deliverables • Public Hearing (if required). • Public Hearing transcript (if required). Page 5 of 14 Exhibit A -1 Coordination • All work efforts will be coordinated through Owner's representative and INDOT. Activity • In accordance with the INDOT Public Involvement Manual an opportunity to request a public hearing will be advertised in a local newspaper. If a public hearing is requested /required the Consultant will prepare the necessary documentation, notifications and attend the hearing as well as present the project to the public. The Consultant will provide sufficient staff at the hearing, as necessary, to answer questions from the public. ® The Consultant will perform the following tasks in association with the Public Hearing: o Prepare, distribute, advertise, and conduct a Public Hearing in accordance with the "INDOT Public Involvement Procedures Manual" approved August 15, 2012. o Transcribe and respond to all public comments received through the Public Hearing process. o Prepare Hearing transcript that will be used to attain Hearing Certification from INDOT. Assumptions ® The Owner will provide the Public Hearing venue. Information Supplied by Owner o See Appendix "B ". Items Specifically Not Included O Community advisory committee meetings. Section 4: Project Management and Roadway /Drainage Design Objective The objective of this task is to develop 100% design plans for INDOT letting based on the Existing Conditions /Proposed Configuration memorandum developed as described in Section 1 above. Project development and management will be per Owner requirements, the INDOT LPA Public Agency Project Development Process Guidance Document, and the Indiana Design Manual. Coordination will be directly with Owner, INDOT, City of Indianapolis, Indianapolis MPO, County Surveyor's offices, and soil /water conservations agencies as directed by Owner. Deliverables The products of this section are as follows: ® INDOT LPA Quarterly Reports. ® Monthly progress reports to Owner. • Preliminary Field Check plans (for Owner review), meeting, and meeting minutes. • Updated Stage 2 plans for Owner /INDOT (hydraulic /public hearing) review (hydraulic submittal only if detention is required). ® Stage 3 Review Submission plans and documents for Owner /INDOT review. ® Final Tracings Package submittal for Owner /INDOT review. Page 6 of 14 Exhibit A -1 • Hydraulics report (if detention is required). ® Pavement design. ® Erosion control plans. ® Best Management Practices (BMP) Operation and Maintenance Manual and structural sizing calculations. Coordination • The Consultant will direct all project communications through the Owner's representative regarding coordination, contractual, design, and compensation - related issues. • Drainage design will be coordinated with the Hamilton County Surveyor's office and the Marion County Surveyor's office. The Consultant will participate in inter - agency coordination meetings and facilitate coordination efforts between INDOT, FHWA, the Owner, and the City of Indianapolis as requested.. ® INDOT — plan submittal, environmental, and right-of-way-coordination per INDOT LPA process. Activity • The Consultant will supply information to the Indianapolis MPO "MiTIP" website for inclusion in Quarterly Report documents, and notify the Owner when the "MiTIP" update is complete. • The Consultant will attend MPO quarterly report meetings as requested. • The Consultant will send monthly progress reports to the Owner. • The Consultant will be responsible for the management of all subconsultants. • The Consultant will attend a project kickoff meeting with INDOT and the Owner prior to beginning the data collection /analysis /design project tasks. • Pavement design tasks will include: o Review of pavement core logs (coring previously completed). o Development of two new /full depth pavement replacement sections in accordance with Indiana Design manual Chapter 304. • The Consultant will perform all Roadway /drainage design tasks as follows: o Prepare updated Stage 2 Plans (approximately 55 % complete), including: ® Review previously completed Stage 2 plans, identifying required adjustments needed based on revised project footprint and Existing Conditions /Proposed Configuration Memorandum developed per Scope of Services Section 1. • Updated Title sheet and Index. • Updated Typical cross sections. • Updated preliminary maintenance of traffic plans, including signage, closure details and detours as required for roundabout construction. ® Updated plan & profile sheets. • Updated sidewalk /multi -use path connectivity. • Updated preliminary retaining wall layouts as required. ® Updated preliminary drainage design. ■ Updated preliminary roundabout and approach design. • Updated miscellaneous details. • Updated cross sections. • Updated signing /lighting /pavement marking plans. ® Updated right -of -way design. Page 7 of 14 Exhibit A -1 • Updated unique special provisions. • Updated preliminary quantity calculations. • Updated construction cost estimate. • Updated erosion control plan. • Draft design documentation. • Review the updated design for conformance with INDOT's Level One controlling design criteria. Indicate apparent or possible design exceptions. Identify Level Two and Level Three design criteria exceptions. • Prepare INDOT All Project Commitments Report. • Submit Plans and supporting documentation to Owner for Review. • Attend plan review meeting with Owner. o Conduct Preliminary Field Check /Utility coordination meeting: • Distribute Stage 2 plans and Preliminary Field Check notification letter to key stakeholders, utilities, and distribution list maintained by INDOT. • Prepare and distribute Preliminary Field Check /Utility coordination meeting notes. • Submit updated stage 2 plans and updated hydraulic report to INDOT for review (if detention or structural BMP's required). • Submit updated stage 2 plans to local soil and water conservation districts for review of Stormwater Pollution Prevention Plan. o Prepare pavement design and submit to INDOT for review and concurrence. o Prepare Stage 3 Review Submission Plans and documents (approximately 95% complete), including: • Incorporate review comments and changes from the Preliminary Field Check, Owner review, Public Hearing (if applicable), and INDOT hydraulic review. • Review the design for conformance with INDOT's Level One controlling design criteria and Level Two and Level Three design criteria. • Finalize maintenance of traffic plan. • Finalize plan & profile sheets. • Finalize construction details. • Finalize signing /lighting /pavement marking plans. • Finalize Right -of -Way plans due to changes during acquisition, if any. • Finalize plan tables. • Finalize quantity calculations and construction cost estimate. • Finalize unique special provisions and prepare recurring special provisions. • Finalize design documentation. • Submit plans and supporting documentation to Owner and INDOT for review. o Prepare Final Tracings Submission for INDOT letting. Submit to INDOT via ERMS, and submit plans to Owner electronically and via hard copy. Submittal will include: • Incorporate previous review comments. • Final Tracings plans, signed and certified by the Consultant, and approved by Owner. • Final quantity calculations and construction cost estimate. • Final design documentation. • Final pavement design. • Final erosion control plans. Page 8 of 14 Exhibit A -1 ▪ BMP Operation and Maintenance Manual in accordance with local soil and water conservation district requirements. ▪ Final recurring special provisions and unique special provisions. ▪ Environmental document approval certification (per Scope of Services Section 2). • Permits (per Scope of Services Section 2). • Right -of -way certification letter from Owner and INDOT (right -of -way engineering per Scope of Services Section 6). ▪ Utility Coordination certification and agreements (per Scope of Services Section 5). o Prepare and submit GIS submittal to Owner for storm /sanitary improvements. Assumptions • Project will utilize INDOT and Owner design standards and specifications. • Consultant will attend a maximum of 4 (four) MPO Quarterly Report meetings during the course of the project. • Topographic survey, subsurface utilities, geotechnical engineering, and phase I environmental assessment not included (previously completed). • All hydraulic analyses and design will be done in accordance with the policies, procedures, and criteria contained in the hydraulics and hydrology portions of the Indiana Design Manual, the Hamilton County Surveyor's office, and the Marion County Surveyor's office. It is anticipated that a common submittal package will be prepared for review by the pertinent agencies. Development of multiple submittal packages tailored to the requirements of individual agencies is beyond this scope of work. • The updated Stage 2 plan submittal to INDOT will serve as the hydraulic report review submittal and the Hearing plan submittal. • BMP design will be coordinated with Owner, local Soil /water conservation agencies, and the City of Indianapolis. • Hydraulic analysis will be limited to areas immediately impacted by the project footprint. • Plan submittals to the Owner and the City of Indianapolis will occur at the Stage 2, Stage 3, and Tracings stages. • No Level 1 Design Exceptions are anticipated. If a Level 1 Design Exception is determined to be necessary, additional INDOT review and coordination will be necessary and is beyond this scope of work. • Plan submittals to Owner and City of Indianapolis will be via u x 17 hard copy (2 copies to each agency per submittal), with plans and special provisions /estimate /design calcs posted (pdf) to the Consultant ftp site for retrieval. Submittals to INDOT will be via INDOT's ERMS system. • Traffic, road, Right -of -Way, and erosion control plans will be included in the same plan set. Information Supplied by Owner • See Appendix "B ". Items Specifically Not Included • Pump /lift station design. • Geotechnical investigation (previously completed). • Final Field check subsequent to Stage 3 plan submittal. • A separate set of Right -of -Way plans. Page 9 of 14 Exhibit A -1 Section 5: Utility Coordination Objective The objective of this section is to coordinate utility relocations or adjustments to accommodate the project in accordance with 105 IAC 13 and Chapter 104 of the Indiana Design Manual. Deliverables • Approved utility work plans for relocation or adjustment of existing utility facilities. • Approved utility relocation plans for relocation or adjustment of existing utility facilities. Coordination • The Consultant will coordinate with known utilities, INDOT, and the Owner. Activity The Consultant will perform the following activities: • Update the utilities that are located within the geographical limits of the Project. Efforts to make this update determination include review of INDOT- maintained utility list, investigation of field conditions, review of information from Indiana Underground Plant Protection Service (IUPPS), and contacting the Owner. • Distribute an "Initial Notice of Proposed Improvement Project" letter and map of the project area to all utilities known to exist in the project area, then gather responses and adjust utility list as needed. • Distribute a "Verification of Existing Facilities" letter and Preliminary Plans to all utilities known to exist in the project area, gather responses and update plans, as appropriate. • Distribute a "Conflict Analysis" letter and Preliminary Field Check Plans to all utilities known to have facilities within the project limits. A Utility Coordination Meeting will be held at the Preliminary Field Check meeting, which will be performed under Scope of Services Section 4. • Distribute "Work Plan Request" letters with Preliminary Final plans to all utilities known to have facilities with the project limits. • Coordinate resolution of utility work plan conflicts, and hold one Utility Coordination Meeting to resolve conflicts, if necessary. • Review utility work plans and relocation plans, and request revisions as needed. • Prepare "Notice of Approved Work Plan" and "Notice to Proceed for Proposed Improvement" letters and submit to Owner for approval. Distribute approved work plans and relocation plans to utilities. • Prepare Utility Special Provisions for Final Tracings package. • Review reimbursable utility relocation cost estimates, if applicable, and provide recommendation to Owner regarding execution of reimbursable agreement between Owner and utility(s). Assumptions • Maximum of one utility work plan resolution meeting. Page 10 of 14 Exhibit A -1 Information Supplied by Owner • See Appendix "B ". Items Specifically Not Included ® Preparation of reimbursable agreement between Owner and utility, if necessary. • Subsurface Utility Engineering (SUE) services. o Field observation of relocations prior to project letting. Section 6: Abstracting and Right -of -Way Engineering Objective Provide the necessary final Right -of -way (ROW) engineering to allow for subsequent appraising and buying activities to commence. All of the information for each parcel previously provided to the Owner will be updated to reflect current ROW limits and current parcel data. Deliverables The products of this section include the delivery of the following documents for the property to be acquired for this project: • Update Title and Encumbrance Reports for each property affected by the project. • Final metes and bounds legal descriptions for each property acquisition. • Final ROW parcel plats for each fee simple (permanent) acquisition parcel. • Final ROW area computation sheet. • Updated folder for each parcel. • Right -of -Way staking, if requested by Owner. • Manage ROW Engineering activities and subconsultants. Coordination ® The Consultant shall attend conferences with the Owner, the City of Indianapolis, and INDOT in connection with the work, as requested, and shall remain available until the ROW has been approved by the Owner and certification has been issued by INDOT to construct the project. Activity Final ROW engineering shall consist of the following: • Updated Title and Encumbrance Reports for each property anticipated to be affected by the Project. • Final ROW plans included in plans developed under Section 4 of this scope of services: o Final determination of property boundaries and existing ROW lines in the project area. o Names of property owners listed on plans. o Final proposed ROW lines. o Parcel numbers in bold text and circles for each acquisition. ® Legal Descriptions for each acquisition: o Prepared by registered Land Surveyor. • ROW parcel plats for permanent acquisitions: Page 11 of 14 Exhibit A -1 o Each parcel plat shall be a scaled drawing showing: • Parcel boundaries. ■ Existing /proposed ROW. • Property owner names. • Instruments by which title was acquired. • Total area of parcel prior to acquisition. • Area of ex. ROW included in the total area. ■ Area of fee simple acquisition. • Area of ex. ROW within fee simple area. • Area computation sheet: o Spreadsheet summarizing all ROW areas • Parcel folders: o Separate folder containing all ROW- related information for each parcel. Folder shall be provided to the Owner for use by appraisers, negotiators and attorneys to acquire the real estate. Assumptions • All ROW engineering services to be performed as per the current version of the federal, INDOT and Owner ROW Engineering Policies. • All acquisition services will be performed by Owner. • An acquisition will be required from a maximum of 11 parcels. Information Supplied by Owner • See Appendix "B ". Items Specifically Not Included • Final deed preparation and recording. • Land acquisition costs. • Appraising and buying services. • A separate set of ROW plans. Section 7: Supplemental Topographic Survey Obj ective The objective of this section is to obtain additional topographic survey information for existing conditions that appear to have changed since the original topographic survey for the project was originally obtained in 2009 and 2011. Deliverables • Updated location control route survey. • Updated topographic survey data. Coordination These activities will be coordinated with the Owner. Activity The Consultant will perform the following work under this section: Page 12 of 14 Exhibit A -1 • Update existing topographic survey based on new /revised field conditions. Survey update will be based on current guidelines set forth by INDOT's Design manual chapter io6. • Update project survey mailing list. • Update existing location control route survey. • Obtain current copy of "last deeds of record" for each parcel. Assumptions • This work will modify the previously - completed topographic survey work. While reasonable effort will be made to assure changed conditions are identified and surveyed, changes in existing conditions may not be readily apparent and, therefore, may not be found by supplemental topographic survey. • This work be performed only if the Owner determines the work is necessary. Information Supplied by Owner • See Appendix "B ". Items Specifically Not Included • New topographic survey of the entire project limits. Section 8: Bidding and Construction Phase Services Objective The objective of this section is to provide services to facilitate a competitive bid process for the Project and provide clarification of design intent during construction. Deliverables • Shop drawing reviews. • Contract document addenda (as appropriate). • Responses to Construction Contractor Requests for Information (RFI's). Coordination These activities will be coordinated with the Owner and INDOT. Activity The Consultant will perform the following work under this section: • Review plans and bid documents as advertised by INDOT and notify INDOT and Owner of inconsistencies from submitted documents which require correction. • Respond to bidder questions. • Issue addenda as appropriate to interpret, clarify, or expand the . plans and bid documents that are not directly related to an error or omission by the Consultant. • Review bids received by INDOT and make recommendation to Owner regarding award. • Attend Pre - construction meeting. • Review Shop Drawings for signing /lighting structures, and lighting fixtures. • Respond to Contractor RFI's to clarify design intent. Attend construction progress meetings as directed by Owner. Page 13 of 14 Exhibit A -1 Assumptions • INDOT will advertise and receive bids. • Consultant to review shop drawings and responds to RFI's within 10 business days. Information Supplied by Owner • See Appendix "B ". Items Specifically Not Included • Construction inspection services. Page 14 of 14 Exhibit A -1 Exhibit A -2 96th Street at Priority Way W. Drive Roundabout Construction (INDOT Des. No. 1400937) Compensation A. Payment Amount a. The Consultant shall receive as payment for the work performed under this Agreement the total fee not to exceed $296,425.00, unless a modification of the Agreement is approved in writing by the Owner. b. The Consultant will be paid for the work performed under this Agreement in accordance with the following schedule: Scope Sechoxi .t a m - ._, ....•.v ..,4< z , '� 1 �;; Descriptionu ,�, c.. .e -- r�., - ' �`''yJ ^'�"� t `� ', .'4 .:,s , Fee Type and Amount , s ..-e -. g Section 1 Traffic Data Collection /Analysis /Simulation LSUM $20,500.00 Section 2 Environmental Document and Permitting LSUM $21,300.00 Section 3 Public Involvement (see note 1) LSUM $13,400.00 Section 4 Project Management and Roadway /Drainage Design LSUM $148,200.00 Section 5 Utility Coordination (see note 2) NTE $49,300.00 Section 6 Abstracting and Right -of -Way Engineering (see note 3) Per Parcel $26,125.00 Section 7 Supplemental Topographic Survey (note 4) NTE $5,000.00 Section 8 Bidding and Construction Phase Services (note 5) NTE $12,600.00 Note 1. Public involvement work will be performed only if a Public Hearing is requested or required. Note 2. Utility coordination will be performed by United Consulting Engineers on a not -to- exceed basis at the hourly rates shown on the following page. Note 3. ROW Engineering, Staking, and Title /Encumbrance report update work will be performed by United Consulting Engineers. Note 4. Supplemental topographic survey work will be performed only if survey updates are required as approved by Owner. Work will be performed by United Consulting Engineers on a not -to- exceed basis at the hourly rates shown on the following page. Note 5. Bidding and Construction Services will be performed on a not -to- exceed basis at the hourly rates shown on the following page. Page 1 of 2 Exhibit A -2 Hourly Rate Schedule CHA Consulting, Inc. Classification Rate Principal Engineer VI $188.37 Principal Planner VI $158.88 Senior Project Manager $154.89 Senior Engineer V $144.87 Project Engineer IV $113.94 Assistant Project Engineer III $89.88 Engineer II $78.18 Assistant Engineer I $73.26 Senior Scientist V $121.24 Scientist IV $93.18 Senior Engineering Designer /Technician $92.61 Principal Engineering Designer /Technician $94.08 Designer I $110.51 CADD Manager $88.38 Designer Technician /CADD $71.73 Land Acquisition Manager II $126.93 Land Acquisition Manager I $87.33 Clerical /Administrative Assistant $74.46 Resident Inspector $128.10 Chief Inspector $1o8.65 Senior Inspector I $95.22 Inspector I $82.o6 United Consulting Engineers Classification Rate Principal $22o.73 Department Manager $212.16 Team Leader $186.44 Senior Project Manager $184.3o Project Manager $155.37 Project Engineer /Surveyor $139.30 Construction Manager 1 $139.3o CADD /RW Designer $13o.72 Accounting Professional $124.3o Design Engineer /Surveyor $128.58 Environmental Specialist $117.87 Construction manager 2 $ilo.37 Survey Crew Chief $112.51 Survey /Data Technician $1o1.79 Page 2 of 2 Exhibit A -2 PROJECT NO.: 96th Street/Priority Way W. Dr Roundabout CLIENT: City of Carmel ITEM Traffic Data Collection / Analysis / Simulation Environmental / Permitting Public Involvement Project Mgmt and Roadway /Drainage Design Utility Coordination Right -of -Way Engineering Supplemental Topographic Survey Bidding and Construction Phase Services (LUMP SUM) (LUMP SUM) (LUMP SUM) (LUMP SUM) (HOURLY - NTE) (PER PARCEL) (HOURLY - NTE) (HOURLY - NTE) $20,500.00 $21,300.00 $13,400.00 $148,200.00 $49,300.00 $26,125.00 $5,000.00 $12,600.00 Total Not -to- Exceed Fee = $296,425.00 INDOT DES. NO: 1400937 CY 2015 CY 2016 FEE % FEE $20,500.00 100 $0.00 0 $21,300.00 100 $0.00 0 $13,400.00 100 $0.00 0 $69,110.00 47 $79,090.00 53 $24,650.00 50 $24,650.00 50 $26,125.00 100 $0.00 0 $5,000.00 100 $0.00 0 $0.00 0 $12,600.00 100 $180,085.00 $116,340.00 N.B. . Work to be performed Consultant during CY 2016 will be performed upon execution of an amendment to this Agreement authorizing the additional work and additional associated fees. Consultant shall not be required to perform the work for 2016 without the execution of such an Amendment. Failure of Consultant to perform such work for 2016 without such an Amendment, shall not be regarded as a breach of this Agreement. EXHIBIT A-3