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Clark Dietz/Eng/321,295/Ditch Road Trail Design from 106th Street to 116th StreetClark Dietz, Inc. Engineering - 2016 Appropriation # 2016 COIT Bond and 2016 Storm Water Bond; P.O. # 33761 Contract Not To Exceed $321,295.00 e 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 Clark Dietz, 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; 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 [X:ljoberlanderlConuacls\Professional Services Clark DicM Inc Revised.dxs:5132016 11:29 AM] Clark Dietz, Inc. Engineering - 2016 Appropriation # 2016 COLT Bond and 2016 Storm Water Bond; P.O. # 33761 Contract Not To Exceed $321,295.00 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 and 2016 Storm Water 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 Three Hundred Twenty One Thousand Two Hundred Ninetv Five Dollars ($321,295.00) (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. 1X1ContraMh01SM & Gooch &V9LFnginwingQ0160oWwal Smim C4vk Plus, bc.dc¢ca 19:2016 7:75 PM] Clark Dietz, Inc. Engineering - 2016 Appropriation # 2016 COLT Bond and 2016 Storm Water Bond; P.O. # 33761 Contract Not To Exceed $321,295.00 5.2 Professional agrees not to provide any Services to City that would cause the total cost of same to exceed the Estimate, without City's prior written consent. SECTION 6. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Section 7.1 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 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. (X:'%C=tndc34o[S= & Ccods SrcrrWg1nmmgQ01&PMft looMl S.-4=Clak DIM, Tnc.dom*19:2016 3:35 PM) Clark Dietz, Inc. Engineering - 2016 Appropriation # 2016 COIT Bond and 2016 Storm Water Bond; P.O. # 33761 Contract Not To Exceed $321,295.00 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 misconduct or negligent actor 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. (Xlmvaas�tof.S.a6(1006 SmVEiginC in&+plBYrar,,Amal Savi= Clerk Did,, 3XPM) . 4 Clark Dietz, Inc. Engineering - 2016 Appropriation # 2016 COIT Bond and 2016 Storm Water Bond; P.O. # 33761 Contract Not To Exceed $321,295.00 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 Severabilitv. 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. MCan"ooWPMCSvM & Goods Svs3tEn0neain&1Q1GProrMsiMW UTACCs CIA Diaz, 0m.d=* 19120162:75 PM] Clark Dietz, Inc. Engineering - 2016 Appropriation # 2016 COIT Bond and 2016 Storm Water Bond; P.O. # 33761 Contract Not To Exceed $321,295.00 . 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: Clark Dietz, Inc. 8900 Keystone Crossing, Suite 900 Indianapolis, Indiana 46240 ATTENTION: Jerry Payonk 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 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. [X,XontromftESveo $ Goods Svc aiEnginoodng10l Gftfudonol S W co Clvk Mesa, 3ne_doas:4r19V20163:35 PM1 Clark Dietz, Inc. Engineering - 2016 Appropriation # 2016 COrr Bond and 2016 Storm Water Bond; P.O. # 33761 Contract Not To Exceed $321,295.00 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 Headinus, 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. [XXCODU=ROESxs & Gmds S�V*Efi&-ing11A1GYrofi WMJ Smim Clerk Dietz, lnad=-.4.1 %2016 3:75 PMJ Clark Dietz, Inc. Engineering - 2016 Appropriation #2016 COIT Bond and 2016 Storm Water Bond; P.O. # 33761 Contract Not To Exceed $321,295.00 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 tern) 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 seg., as amended. (remainder of page intentionally left blank) 1&CmV=Wh0ESsc5&Goods SvWEn91nminr301Ghofcsiow1 Scnim Clink Dian. Inadm * 19)_0163:35 PM] Clark Dietz, Inc.. Engineering - 2016 Appropriation # 2016 CO1T Bond and 2016 Storm Water Bond; P.O. # 33761 Contract Not To Exceed $321,295.00 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA Clark Dietz, Inc. by and through its Board of Public Works and Safety BY: (7,,CoaueLlma=& a000svnmshwtn&m(6ftris�kw smi chkDidz.lnc, d=L 191mm3as pM] Printed Name:-JeVAUVP , I • rATal.4 49, Title: 4ANOZI, \h� 4 06t4,1— FIDMN: �'a-����� 5 l Last Four ofSr: SN if Sole Proprietor Date: 4-2:0. U� N kv L Ili April 11, 2016 PROJECT DESCRIPTION: Ditch Road Trail design from 1060' St to 116x' St SCOPE: Our scope for this project is to perform design of a multi -use path along Ditch Rd from 106" St to 116'h St. The MUP will be 10' wide and typically offset 10' from Ditch Rd, tying into an existing path at the south end and connecting at the gap in the median curb on 116`" St at the north end. Storm sewers and retaining walls will be installed as needed where right of way constraints are tight. Due to sloping terrain at die north end of the project, retaining walls are anticipated in that location. The project will be developed so that 30% plans are available for a preliminary field check in summer 2016, with design being completed in winter 2016 — 2017 for anticipated 2017 construction. Our scope will include the following services: 1. Topographic Survey. 2. Right of Way Engineering 3.. Trail Design, including storm sewers and retaining walls as needed 4. Analysis and design of treatment of 3 culverts (#24, #25, and #37) 5. Utility Coordination 6. Environmental Permitting 7. Geotechnical Investigation 8. Right of Way Title Research EXHIBIT r Clark Dietz, Inc. 8900 Keystone Crossing, Suite 900 Indianapolis. Indiana 46240 T: 317.844.8900 F: 317.844.9158 Ditch Rd Multi -Use Path City of Carmel, Hamilton County, IN 106th St to 116th St Fee Summary 4/8/2016 Trail Desicm Items Task Description Fee SuirCmsuitant Field Survey Lu Sum $ 48,000.00 RW Engl nearing Not to Exceed $ 25,200.00 Trail Design (Lump Sum $ 125,000.00 Culvert Design(Lump Sum $ 26,400.00 UU11ty Coordination Lump Sum $ 16,800.00 ' Title Research Not to Exceed) $ 3,500.00 & CA RddniM Wall Design Lump Sum $ 25,800.00 'Geotechnical Investigation Not to Exceed $ 23,595.00 Franco Engineers 401/404& IDNRPermit Pr aration Lump Sum $ 18,000.00 Rules permit Preparation (Lump Sum) $ 9,000.00 TOTAL = 1 $ 321,295.00 ' Indicates profesdonal service provided by DBE sub•oonsultent Notel: Submitted smpe Ind udes right of way activiti es through right of way engli neerl ng and ti Ue research. Citywillperform appraising and buyingseperately. Note 2: Nopavementdesign isanticipated. Srrilar pavement designs asused on106thStand 126thStpaths will beused E HIBr J CITY OF CARMEL DITCH ROAD MULTI-USE PATH By: GMQ PAGE 1 OF 1 3/16/2016 WORK ELEMENT ESTIMATED HOURS RNV ENGINEERING Parcel Review/Research/Re ort Prof. Survey Survey Surveyor Project Manager Technician Total Hours p Coordinate Geometry/Calculations Prepare Transfer Docs & Descriptions Prepare Exhibit "B" Parcel Plats p p p Prepare Forms/Com . Sheet/Plans Prepare Parcel Packages- p p TOTAL HOURS 0 0 0 0 HOURLY RATE $0.00 $0.00 $0.00 Total Fee for Labor PER PARCEL Fee for Temp-Only PER PARCEL TOTAL EST. R/W ENG. FEE $0.00 $0.00 $0.00 Fee, Tem p $0.00 $0.00 $0.00 OTHER DIRECT COSTS T&E Reports rates are per state parcel ID T&E Reports rates are per state parcel ID R/W Stakin /Parcel 4 A $225 Tem 4 A $400 Fee and Fee+Temp DO $325 $900.00 $1,600.00 $0.00 Title Updates rates are per state parcel ID 8 @ $125 Temp $1,000.00 Copies- Included $0.00 TOTAL OTHER DIRECT COSTS $3,5 PROPOSED FEE ,. +V. 4. $3,500.00 a ncQ cntcaa ,�c�,vuv, i i e n►surance and uuaramy or i me win neea to oe acquires 30_CS GEOTECHNICAL INVESTIGATION PROPOSAL TRAILS ALONG DITCH ROAD IN CARMEL CLARK DIETZ, INC. -ENGINEERS GEOTECHNICAL FIELD 1. Mobilization and Field Coordination a. SPT Rig b. Field and utility coordination c. Field coordination with property owners i. 1-10 d. Mileage 2. Skid mounted borings with split spoon sampling 3. Skid mounted borings using drilling fluid 4. Skid mounted boring through bedrock or boulders 5. Set up for borings and machine soundings 6. Additional 2 -in. split spoon sampling 7. 3 -in. Shelby tube samples 8. Geotechnical engineer 9. Twenty-four hour water levels 10. Special borehole backfilling 0 to 30 ft 11. Pavement restoration 12. Traffic control GEOTECHNICAL LABORATORY 13. Sieve analysis for soils 14. Hydrometer analysis 15. Liquid limit 16. Plastic limit & plasticity index 17. pH test 18. Loss on Ignition Test 19. Moisture Content Tests 20. Specific Gravity Test 21. Unit weight determination 22. Unconfined Compression Test 23. Moisture -Density Relationship Test (Proctor) 24. Water Soluble Sulfate Test GEOTECHNICAL ENGINEERING Unit Unit Price Total 1 EA $245.00 $245.00 1 LS $300.00 $300.00 1 LS $280.00 $280.00 70 mi $3.15 $220.50 150 ft $27.20 $4,080.00 20 ft $27.50 $550.00 20 ft $41.00 $820.00 10 ea $64.00 $640.00 10 ea $20.00 $200.00 3 ea $60.00 $180.00 12 hr $110.00 $1,320.00 10 ea $37.00 $370.00 10 ea $100.00 $1,000.00 10 ea $55.00 $550.00 2 day $800.00 $1,600.00 Subtotal (Geotechnical Field) $13,675.50 4 ea $50.00 $200.00 4 ea $55.00 $220.00 4 ea $35.00 $140.00 4 ea $25.00 $100.00 4 ea $15.00 $60.00 4 ea $25.00 $100.00 100 ea $6.00 $600.00 4 ea $35.00 $140.00 4 ea $20.00 $80.00 8 ea $45.00 $360.00 1 ea $150.00 $150.00 4 ea $100.00 $400.00 Subtotal (Geotechnical Laboratory) . $2,550.00 Xs"Eqq Pter �^�SS<f F -VI 11771 Unit. Unit Price Total 25. Geotechnical report 1 LS $1,770.00 $1,770.00 26. Settlement analysis and recommendations for embankment 1 ea $500.00 $500.00 27 Culvert foundation analysis and recommendations 3 ea $500:00 $1,500.00 28 Retaining structure analysis recommendations 3 ea $850.00 $2,550.00 29 Settlement analysis for retaining wall foundation 3 ea $350.00 $1,050.00 Subtotal (Geotechnical Engineering) $7,370.00 Summary of Fees Geotechnical Field $13,675.50 Geotechnical Laboratory $2,550.00 Geotechnical Engineering $7,370.00 Estimated Total $23,595.50 F -VI 11771 ]EXIHIB IT B InVoiee Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Date: Signature Printed Name Moods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided (Describe each good/service separately and in detail) Cost Per Item Hourly Date/ hours Worked Total 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 A+ + DAVIT i '► _ , 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; l . I ant over eighteen (18) years of age and am competent to testify to the facts contained herein. 2. I am now a ul at all times relevant herein have been employed by ��, 2re,i J4J4 . (the `Employer") in the position of .144.0 ' 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. G. 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 _Z42!�day of I certify under the penalties for perjury under the laws the United St es of America and the State of Indiana that the foregoing factual statements and r res ntations it-ue and correct. 70 ,t4:t.r�± ✓. � �j;^a: �4 ;i�a. '�L ILS � Company'ID Number: 436844 To be accepted as a participant in E -Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E Verify at 888-464-4218. Employer Clark Dietz, Inc 'Jon Howanlec Name (Please Type or Nntj I" :Title !Electronically Signed 1..0810212011 :Signature I Date ,Department of Homeland Security— Verification Division PSC)(S Verification IDivislou 'Name (Please Type or Print) ` Mile- . , I !Electronically Signed 108102I2011 ;Slgnelure Date . Information Required for the E -Verify Program Information relating to.your Company: I ; Company Name4Clark Dietz, Inc i ! `. Company Facility Address 116 S. Clinton St. Suite 700 .Chicago, IL 60618 Company Altemate Address: i i County or Parish:. jCooK i _ _. i Employer Identification Number: ;71212061 Page 12 of 131 E -Verify MOU for Employer I Revision Dale 0910VO9 www.dhs.gov/E.Verify i Company ID Number: 438844 North Amerloan Industry 1 Classification Systems i Code: d41 Administrator: Number of Employees; ;100 to 499 Number of Sites Verified for: 7 Are you verifying for more than 1 site? If yes, please provide the number of sates verified for =in each State: • WISCONSIN 3 site(s) • ILLINOIS 2 site(&) • INDIANA 2 siic(s) Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name. Jon B froignniee Telephone Number; (312) 648.9900 ext. 259 Fax Number: E-mail Address: jon.howarnice©clarla•dietz.eom Name: Joanna Cahaj Tolephono Number: (312) 648 -9900 Fax Number: E-mail Address: joanuo.cabaj®elario-dietz.eom Page 13 of 131 E-Vedfy MOU for Employer I Revision Date 09/01/00 www.dhs.9ov1E-Ver1fy JAMES BRAINARD, MAYOR LETTER OF TRANSMITTAL Date: April 12, 2016 To: Doug Haney Department of Law From: Jeremy Kashman 7Nf, Department of Engineering RE: Clark Dietz Inc. Contract D eceived of Cannel ment of t ata A Professional Services contract is needed Clark Dietz, Inc. for the May 4°i, BPW meeting, please. Attached please find Clark Dietz Inc.'s scope of work and purchase order. Note: Contract is subject to the availability of funds from the 2016 COLT Bond and the 2016 Storm Water Bond. Contract Information: Project Name Ditch Road Trail Design from 106'1 Street to 116°i Street Vendor: Clark Dietz, Inc. Amount: $321,295.00 Appropriation: P.O. 33761; 2016 COIT Bond, 2016 Storm Water Bond Signature: Jerry Payonk Address: 8900 Keystone Crossing, Suite 900 Indianapolis, IN 46240 Phone: 317/844-8900 . Email: ierrv.Payonk(cD-clarkdietz.com DuARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439 EMAIL engineering#ainnc1Jn.g0v Uky INDIANA RETAIL TAX EXEMPT j®j j Carmel CERTIFICATE N0.003120155 002 0 1 !1 FEDERAL EXCISE TAX EXEMPT ONE CIVIC SQUARE 35-6000972 CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 PURCHASE ORDER DATE I DATE 4/12/2016 CLARK DIETZ, INC - _-- - VENDOR 8900 KEYSTONE CROSSING #900 N0. VENDOR NO. — 060650 Page i of 1 PURCHASE ORDER NUMBER 33761 THIS NUMBER MUST APPEAR ON INVOICES. A/P VOUCHER, DELIVERY MEMO. PACKING SLIPS, SHIPPING LABELS AND ANY MORESPODIDENCE DESCRIPTION Project 16 -ENG -20; Contract 04.12.16.01 I Engineering SHIP 1 Civic Square TO Carmel, IN 46032= INDIANAPOLIS, IN 46240 - Kate Lustig —_ _ - -- -- PURCHASE ID BLANKET 1 CONTRACT I PAYMENT TERMS T FREIGHT 3925 j QUANTITY UNITOF MEASURE--- DESCRIPTION UNIT PRICE EXTENSION -- --- -1- - --------____ __--- -- ------ ------ - --.------- .. - Department2200 Account: 94-650.04 Fund: 0 2016 Storm Water Bond 1 Each Sit Ormwaie1l Ditch Road Trail Design from 106th Street to 116th Street $68,400.00 $68,400.00 1 Each CO I "I Ditch Road Trail Design from 106th Street to 116th Street $252,895.00 $252,895.00_ Sub Total $321,295.00 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. ORDERED BY TITLE CONTROL NO. 33761 CLERK -TREASURER A/P 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. _P •It's' -Y �t M .}f �� 1�, �y{£t`.F d ��. �'.>.-'b ,fir i x3l 1S Q . (t �s C. ; N i E Send Invoice To: k R•�jr FJ eN Skip Tennancour I r 8425 Wicklow Way Brownsburg, IN 46112 ,° v 2016 COIT Bond PLEASE INVOICE IN DUPLICATE DEPARTMENT -- _ ACCOUNT -- �— PROJECT —� PROJECTACCOUNT --AMOUNT --- -� PAYMENT $321,295.00 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. ORDERED BY TITLE CONTROL NO. 33761 CLERK -TREASURER A/P 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. _P