Rundell Ernstberger Associates/Eng/79,000/Hazell Dell Pkwy and Keystone Pkwy Roundabout Landscape DesignRundell Ernstberger Associates
Engineering - 2016
Appropriation # 2016 COTT Bond; P.O. # 33689
Contract Not To Exceed $79,000.00
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 Rundell Ernstberger Associates (hereinafter "Professional").
RECITALS
WHEREAS City owns and is responsible'for the operation and maintenance of its property, personnel, public
works and infrastructure; and
and
WHEREAS, from time to time, City needs professional assistance in fulfilling its foregoing responsibilities;
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. Professional will not perform any of the Services detailed in
Exhibit A prior to obtaining a written Notice to Proceed from the City. Upon receiving a Notice to Proceed,
the Professional shall perform only those Services specifically detailed in the Notice. If the Professional
desires clarification of the scope of any Notice to Proceed, the Professional shall obtain such clarification
from the City in writing, prior to performing the service set forth in the Notice .to Proceed. Any services
performed without the City's prior express written authorization will not be compensated.
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
IS:1ConhnCISTr0f.SWS & Goals Svcs\Enginccring\2016\Profcssionnl Scrviccs Rnndcll Ernsti-ga Asswintcsd—:4/13/1016 10:56 AMI
Rundell Ernstberger Associates
Engineering - 2016
Appropriation # 2016 COTT Bond; P.O. # 33689
Contract Not To Exceed $79,000.00
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.
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 2016 COIT Bond 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 Seventy Nine Thousand Dollars ($79,000.00) (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.
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Rundell Ernstberger Associates
Engineering - 2016
Appropriation # 2016 COIT Bond; P.O. # 33689
Contract Not To Exceed $79,000.00
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, 2016, 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 maybe 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.
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Rundell Ernstberger Associates
Engineering - 2016
Appropriation # 2016 COIT Bond; P.O. # 33689
Contract Not To Exceed $79,000.00
7.5 Insurance.
Professional shall procure and maintain with an insurer licensed to do business in the State of Indiana such
insurance as is necessary for the protection of City and Professional from all claims under workers'
compensation, occupational disease and/or unemployment compensation acts, because of errors and
omissions, because of bodily injury, including, but not limited to, the personal injury, sickness, disease, or
death of any of Professional's employees, agents or contractors and/or because of any injury to or
destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage
amounts shall be no less than those amounts set forth on attached Exhibit C. Such insurance policies shall
not be canceled without thirty (30) days' prior written notice to City.
7.6 Liens.
Professional shall not cause or permit the filing of any lien on any of City's property. In the event such a lien
is.filed and Professional fails to remove it within'ten (10) days after the date of filing, City shall have the right
to pay or bond over such lien at Professional's sole cost and expense.
7.7 Default.
In the event Professional: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Professional's warranties; (b) fails to perform the Services as specified; (c) fails to
make progress so as to endanger timely and proper completion of the Services and does not correct such
failure or breach within five (5) business days after receipt of notice from City specifying same; or (d)
becomes insolvent, files, or has filed against it, a petition for receivership, makes a general assignment for
the benefit of creditors or dissolves, each such event constituting an event. of default hereunder, City shall
have the right to terminate all or any part of this Agreement, without liability to Professional and to exercise
any other rights or remedies available to it at law or in equity.
7.8 Government Compliance.
Professional agrees to comply with all laws, executive orders, rules and regulations applicable to
Professional's performance of its obligations under this Agreement, all relevant provisions of which being
hereby incorporated herein by this reference, to keep all of Professionals' required professional licenses and
certifications valid and current, and to indemnify and hold harmless City from any and all losses, damages,
costs, liabilities, damages, costs and attorney fees resulting from any failure by Professional to do so. This
indemnification obligation shall survive the termination of this Agreement.
7.9 Indemnification.
Professional shall indemnify and hold harmless City and its officers, officials, employees and agents from all
losses, liabilities, claims, judgments and liens, including, but not limited to, all damages, costs, expenses and
attorney fees arising out of any intentional or negligent act or omission of Professional and/or any of its
employees, agents or contractors in the performance of this Agreement. This indemnification obligation shall
survive the termination of this Agreement.
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Rundell Ernstberger Associates
Engineering - 2016
Appropriation # 2016 COPT Bond; P.O. # 33689
Contract Not To Exceed $79,000.00
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.
[SAContracts\Prof.Sm S Goods Services R-1.11 Enrstbcrgcr Associatoa.Jocx:4/13/2016 10:56 At,11
Rundell Ernstberger Associates
Engineering - 2016
Appropriation # 2016 COIT Bond; P.O. # 33689
Contract Not To Exceed $79,000.00
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:
Rundell Ernstberger Associates
618 Market Street
Indianapolis, IN 46202
ATTENTION: Kevin Osburn
Douglas C. Haney
Corporation Counsel
One Civic Square
Carmel, Indiana 46032
Notwithstanding the above, City may orally provide to Professional any notice required or permitted by this
Agreement, provided that such notice shall also then be sent as required by this paragraph within ten (10)
business days from the date of such oral notice.
7.14 Effective Date.
The effective date ("Effective Date") of this Agreement shall be the date on which the last of the parties
hereto executes same.
7.15 Governinq 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.
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Rundell Ernstberger Associates
Engineering - 2016
Appropriation # 2016 COIT Bond; P.O. # 33689
Contract Not To Exceed $79,000.00
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.
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Rundell Ernstberger Associates
Engineering - 2016
Appropriation # 2016 COIT Bond; P.O. # 33689
Contract Not To Exceed $79,000.00 .
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 Proiect
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 sec., as
amended.
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[SAContrnctsT.B— & Goods S-AEnginccring@0161Prof ional Servi= Ruudcl] Emstbcrger Associate -d—:4/132016 10:56 AMI
Rundell Ernstberger Associates
Engineering - 2016
Appropriation # 2016 CO1T Bond; P.O. # 33639
Contract Not To Exceed $79,000.00
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
1-YA
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,James Brainard, Pr iding Off!'Ver'
Date: / '7 r}� /A
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Rundell Emstberger Associates
BY:
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Title:
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RUNDELLERNSTBERGER ASSOCIATES
24 February 2016
Mr. Jeremy Kashman, P.E.
City Engineer
City of Carmel
1 Civic Square
Carmel, IN 46032
erg i nI INDIANAPOLIS
email resin dyarea site.com
in tercet lwww.reas7te.com
re: DESIGN SERVICES: Hazel Dell Parkway & Keystone Parkway Roundabouts
City of Carmel, Indiana
Dear Jeremy:
Per your request, Rundell Ernstberger Associates, Inc. (REA) is pleased to submit the
following proposal for landscape design services for the roundabouts on Hazel Dell
Parkway and Keystone Parkway in Carmel, Indiana. Thank you for taking time to discuss
this project last week and for considering REA for these services. Below is a summary of
our understanding of the project, an outline of our scope of work, the anticipated timeline,
and our proposed fees.
PROJECT UNDERSTANDING:
Based on our conversations, we have the following understanding of the scope of work for
this project:
The City of Carmel wishes to engage the services of REA to design and prepare
construction documents for site enhancements for the following roundabouts:
a. Hazel Dell Parkway & 116`h Street (new)
b. Hazel Dell Parkway & 126`h Street (existing)
c. Hazel Dell Parkway & Main Street (existing)
d. Keystone Parkway & 1061h Street (existing)
e. Keystone Parkway & 116`h Street (existing)
f. Keystone Parkway & Carmel Drive (existing)
g. Keystone Parkway & 126" Street (existing)
h. Keystone Parkway & 136" Street (existing)
2. The focus of REA's efforts will be to develop landscape and hardscape treatments
for the roundabout (RAB) and splitter islands that are creative and engaging. We
anticipate that landscape treatments and hardscape treatments will be similar to
previous RAB designs REA has prepared for the City; we also anticipate that most
of the work will focus on landscape treatments and that hardscape elements will
be minimal.
3. Design elements to be considered by REA include, but are not necessarily limited
to, planting design, lighting, retaining walls, urns and other miscellaneous
Landscape enhancements.
4. REA's services will include Schematic Design, Construction Documents, Bidding,
and Construction Administration. Our services will include those of our irrigation
and electrical consultants.
)KHMI
618 E. MARKET STREET INDIANAPOLIS, INDIANA 46202 13171 263.0127 FAX: [3171 263.2080 /
LOUISVILLE OFFICE: TE [5021 561.8676 FX [5021 561.9076 ((( U
Keystone & Hazel Dell ParkwayRABs, p. 2 of
5. REA will prepare Schematic Design documents for each RAB in order to
determine the level of improvements and finish as well as a preliminary
construction cost opinion. Upon approval of Schematic Design, REA will prepare a
contract amendment to include fees for Design Development, Construction
Documents, Bidding, and Construction Administration services.
6. The project construction budget will be determined through the design process
but is currently anticipated to be in the $2 to $2.5 million range.
7. REA will utilize base plan drawings to be provided by the City of Carmel in the
preparation of our drawings.
8. REA will prepare one bid package for all of the roundabouts in accordance with
City of Carmel standards and guidelines.
9. We anticipate completion of the work for a summer 2016 bid letting, pending City
reviews and approvals. It is understood that completion of the construction work
will likely extend into Spring 2017 or, in the case of the 116`h and Hazel Dell
Parkway RAB, Fall of 2017.
SCOPE OF WORK:
Based on the above understanding, we propose the following scope of work:
1. Project Initiation Meeting: REA will conduct a project kick-off meeting with the City to
review the scope of services and project schedule, establish communication protocol,
ensure a clear understanding of the desired outcomes for the project, review the
project goals, gather past plans and relevant project data, and discuss initial design
considerations and ideas.
2. Evaluation of Existing Conditions & Current Plans: Working from AutoCAD files
provided by the City, REA will review the current plans in detail and visit each project
site in order to understand existing conditions and evaluate opportunities and
constraints for potential enhancements.
3. Schematic Design: REA will develop preliminary plans showing the extent of both
hardscape and softscape enhancements. Schematic design documents will consist of
development of up to two (2) preliminary concepts for each RAB; REA will review the
concepts with the City to determine the preferred concept, then prepare the final
Schematic Design documents consisting of plans, sections, elevations, and a
preliminary cost opinion for each RAB. We anticipate a total of (2) review meetings for
the schematic design phase.
4. Construction Documents: Upon approval of schematic design, project construction
budget, and fees, REA will proceed with the preparation of final construction plans,
consist of planting plans, irrigation plans and details, lighting plans and details, wall
details, planting details and schedules, and technical specifications. Updated
construction cost opinions based on the final plans will also be prepared. We
anticipate a total of (2) review meetings with the City for this phase of work at 50%
completion and 90% completion. Upon review and approval of 90% complete
Keyston e & Hazel Dett Parkway RABs, p. 3 of 4
documents, REA will prepare final plans, details, pay'items, quantities, estimate, and
technical specifications required for bidding.
5. Bidding: REA will provide services during the bidding process to issue clarifications
and answer questions pertaining to REA's work. All responses to bidder's inquiries
will be coordinated with the City and will be distributed to all bidders.
Construction Administration: In coordination with the City's full time inspection firm,
REA will provide construction administration services for oversight of the RAB
enhancement items of work during the construction period. This work will include
attendance at the preconstruction meeting, interpretation/clarification of plans,
review/approval of shop drawings and submittals, approval of plant material layout,
and periodic field review of construction work. REA will also conduct a one-year
warranty walk through of the project.
COMPENSATION:
Based on the above scope of work described above, REA proposes the following fees:
Part 1 —Schematic Design: REA will complete this phase of work for a lump sum fee of
$79,000.00, to be invoiced on a monthly, percentage complete basis, in accordance with
the following:
Schematic Design $78,750.00
Expenses $250.00
Part 2 —Construction Documents, Bidding, Construction Administration: Fees for these
phases of work, will be determined upon completion of Schematic Design and
determination of project scope, level of finish, and construction budget. REA will prepare
a contract amendment upon approval of these fees by the City of Carmel.
• Services will be billed monthly on a lump sum, percentage complete basis, plus
reimbursable expenses. Fees will not be exceeded without prior written approval from
the City of Carmel.
• Reimbursable expenses will be invoiced according to the attached schedule.
ADDITIONAL SERVICES:
The following additional services are not included in the above scope of work and fees for
this project. If required, these services shall be provided if authorized through an
approved amendment of this agreement by the Owner. Additional services will be billed at
our standard hourly rates (see attached schedule) or on a negotiated fee basis.
■ Preparation of topographic surveys
■ Preparation of potholing or other utility investigations
■ Design of underground or aboveground storage as a stormwater quantity control
measure
■ Preparation of utility relocation plans required due to conflicts between existing utility
infrastructure and proposed site infrastructure
■ Preparation or coordination of utility coordination agreements
E,i o5 z • ... p1N-�
-3 J5`_
Keystone & Hazel Dell Parkway RABs, p. 4 of 4
■ Environmental study or documentation, including but not limited to, Categorical
Exclusion Documents, Environmental Site Assessments, Section 106, 800.11 (f)
documentation, drafting of Memorandum of Agreement, Phase 1c, Phase II, Phase III
archaeological investigations, sampling, and consulting party meetings.
■ Preparation of permitting or agency approvals
■ Attendance at and performance of notification for public hearings
■ Significant additions or deletions to the stated project scope of work
■ Changes to the project design, documents, or scope of work after receipt of owner
approval for each stage of design
■ Owner -initiated changes in the scope of work after commencement of construction
documents or during the construction period
■ Extensive delays in the project timeline due to conditions beyond the control of REA
■ Preparation of record or as -built drawings
■ Construction phase services beyond those specified herein
Jeremy, if the terms of this proposal are agreeable to you, your signature below will
constitute a satisfactory form of agreement between Rundell Ernstberger Associates, Inc.
and the City of Carmel. Please return one (1) original copy to this office. Should you elect
to utilize a different form of agreement, please attach a copy of this letter as an exhibit.
Please contact me with any questions or concerns regarding this proposal. We appreciate
the opportunity to provide you with this proposal and are excited about the opportunity to
continue our partnership with the City of Carmel!
Sincerely,
Kevin Osburn, PLA, ASLA
Principal
attachment: REA Standard Fee and Reimbursement Schedule
Accepted: CITY OF CARMEL
By:
Date:
STANDARD FEE AND REIMBURSEMENT SCHEDULE
Indianapolis, IN I Louisville, KY
Effective January 2016
Rates indicated are subject to semi-annual review and revision
PROFESSIONAL AND TECHNICAL STAFF
Standard mileage rate
Principal LA
$205.00/hour
Planner I
$190.00/hour
Civil Engineer I
$150.00/hour
Associate LA
$145.00/hour
Professional Staff (Registered LA)
$125.00/hour
Planner II
$120.00/hour
Technical Staff (Graduate LA/Planner)
$100.00/hour
Administrative
$75.00/hour
A surcharge of fifty percent (50%) will be added to hourly rates for expert witness
testimony and/or for participation at hearings, depositions, etc.
REIMBURSABLE EXPENSES
Mileage
Standard mileage rate
Travel, Lodging, and Meals
Cost
Telephone, Telex, Telecopy, Faxes, etc.
Cost
Postage, Handling, etc.
Cost
Copies
Black & White (8'/z x 11)
$0.05/copy
Black & White (11 x 17)
$0.10/copy
Color In -House Printer
81/2 x 11 Inkjet
$1.00
8'/2 x 11 Presentation
$1.50
81/2 x 11 Photo Paper
$2.50
11 x 17 Inkjet
$2.00
11 x 17 Presentation Paper
$2.75
11 x 17 Photo Paper
$3.50
CD Copies
$5.00
Plots
Black & White In -House Plots
Bond
$1.00 SF
Vellum
$1.50 SF
Mylar
$1.75 SF
Color In -House Plots
Heavy bond
$4.00 SF
Semi -Gloss
$5.00 SF
High -Gloss
$6.00 SF
Materials
Cost + 5%
Equipment Rental
Cost + 5%
Subcontract Services
Cost + 5%
INVOICES
Invoicing and payment schedule are detailed in the contract. Balances remaining unpaid after
thirty (30) days are subject to a monthly finance charge of 1.5% (18% annually) until paid.
RUNDELL ERNSTBERGER ASSOCIATES
INDIANAPOLIS, IN I LOUISVILLE, KY I w .reasite.com
E),
V
EXHIBIT B
Invoice
Name of Company.
Address & Zip.
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Date:
Signature
Printed Name
Goods
Services
Person Providing
Date
Goods/Services Provided
Cost Per
Hourly
Total
Goods/Services
Goods/
(Describe each good/service
Item
Rate/
Service
separately and in detail) .
Hours
Provided
Worked
GRAND TOTAL
Signature
Printed Name
EXHIBIT C
INSURANCE COVERAGES
Worker's Compensation & Disability Statutory Limits
Employer's Liability:
Bodily Injury by Accident/Disease:
$100,000 each employee
Bodily Injury by Accident/Disease:
$250,000 each accident
Bodily Injury by Accident/Disease:.
$500,000 policy limit
Property damage, contractual liability,
products -completed operations:
General Aggregate Limit (other than
Products/Completed Operations): $500,000
Products/Completed Operations: $500,000
Personal & Advertising Injury
Policy Limit: $500,000
Each Occurrence Limit: $250,000
Fire Damage.(any one fire): $250,000
Medical Expense Limit (any one person): $ 50,000
Comprehensive Auto Liability (owned, hired and non -owned)
Bodily Single Limit:
Injury and property damage:
Policy Limit:
Umbrella Excess Liability
Each occurrence and aggregate:
Maximum deductible:
$500,000 each accident
$500,000 each accident
$500,000
$500,000
$ 10,000
EXHIBIT D
AFI MAVIT
being first duly sworn, deposes and says that
he/she is familiar with and has personal knowledge of the facts herein and, if called as a witness in this
matter, could testify as follows:
I am over eighteen (18) years of age and am competent to testify to the facts contained
herein.
2. I am now and at all times relevant herein have been employed by
Ko 1 n (die "Employer")
in the position of 62AY7 ev
3. I am familiar with the employment policies, practices, and procedures of the Employer and
have the authority to act on behalf of the Employer.
4. The Employer is enrolled and participates in the federal E -Verify program. Documentation
of this enrollment and participation is attached and incorporated herein.
5. The Employer does not knowingly employ any unauthorized aliens.
6. To the best of my information and belief, the Employer does not currently employ any
unauthorized aliens.
7. FURTHER AFFIANT SAYETH NOT.
EXECUTED on the 1 J day of �✓'/ , 20&
% czd;e-�
Printed: C440 ' )Ar- kho
I certify under the penalties for perjury under the laws of the United States of America and the State of
Indiana that the foregoing factual statements and representations are true and correct.
i
JAMES BRAINARD, MAYOR
LETTER OF TRANSMITTAL
Date: March 29, 2016
To: Doug Haney
Department of Law
From: Jeremy Kashman :jKt1--
Department of Engineering
RE: Rundell Ernstberger Associates Contract
A Professional Services contract is needed for Rundell Ernstberger Associates for the April 201h BPW
meeting, please.
Attached please find Rundell Ernstberger Associates' scope of work and purchase order.
CNo. e.:_Co`ntract is-subje-ct-to-the-availability-of-funds-from-the-2016-COIT-Bond-�
Contract Information:
Project Name #16 -ENG -15; Hazel Dell Parkway and Keystone Parkway Roundabout Landscape Design
Vendor: Rundell Ernstberger Associates
Amount: $79,000.00
Appropriation: P.O. 33689; 2016 COIT Bond
Signature: Kevin Osburn
Address: 618 Market Street
Indianapolis, IN 46202
Phone: 317/263-0127
Fax: 317/263-2080
Email: kosburn@reasite.com
DEPART\4ENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.5712441 Faux 317.571.2439
EtiMAIL engineering«carmel.in.gov
Cityof Carmel
INDIANA RETAIL TAX EXEMPT
CERTIFICATE NO. 003120155 002 0
Page 1 of 1
PURCHASE ORDER NUMBER
FEDERAL EXCISE TAX EXEMPT
33689
ONE CIVIC SQUARE
35-6000972
THIS NUMBER MUST APPEAR ON INVOICES, A/P
CARMEL, INDIANA 46032-2584
VOUCHER, DEUVERY MEMO, PACKING SLIPS,
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997
SHIPPING LABELS AND ANY CORRESPONDENCE
PURCHASE ORDER DATE
DATE REQUIRED
REQUISITION NO.
VENDOR NO.
DESCRIPTION
3/29/2016
276515
Project 16 -ENG -15
RUNDELL ERNSTBERGER ASSOCIATES
INC Engineering
VENDOR 618 E MARKET ST
SHIP 1 Civic Square
TO Carmel, IN 46032 -
INDIANAPOLIS, IN 46202 -
Kate Lustig
CONFIRMATION
BLANKET
I CONTRACT
PAYMENT TERMS
FREIGHT
QUANTITY
UNIT OF MEASURE
DESCRIPTION
UNIT PRICE EXTENSION
Department: 2200
1 Each
Send Invoice To:
Skip Tennancour
8425 Wicklow Way
Brownsburg, IN 46112
Account: 94-650.04 Fund: 0 COIT Bond Fund
Hazel Dell Parkway and Keystone Parkway RAB Landscape $79,000.00 $79,000.00
Design Services
Sub Total $79,000.00
2016 COIT Bond
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
PAYMENT $79,000.00
SHIPPING INSTRUCTIONS
'SHIP PREPAID.
'C.O.D. SHIPMENT CANNOT BE ACCEPTED.
'PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL
'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
AIP 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. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
/,��
ORDERED BY
TITLE P
CONTROL NO. 33689 CLERK -TREASURER
jArx
Sub Total $79,000.00
2016 COIT Bond
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
PAYMENT $79,000.00
SHIPPING INSTRUCTIONS
'SHIP PREPAID.
'C.O.D. SHIPMENT CANNOT BE ACCEPTED.
'PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL
'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
AIP 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. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
/,��
ORDERED BY
TITLE P
CONTROL NO. 33689 CLERK -TREASURER