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MSK2, LLC/Eng/Adl Serv #1/126th Street and Gray Road, 136th and Gray Road, Main Street and Gray Road Landscape Architectural ServicesMSK2, LLC Engineering - 2017 Appropriation: # 2016 COIT Bond Fund; P.O. 100302 Q�V� Contract Not To Exceed $34,000.00 �Qd JAS 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 MSK2, LLC (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. 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. jS:LCmnctsTmf.Sm & Goods SvcsTngin=ffigL2017LMSK2, LLC Professional Services Con mador.32920172:39 PM] MSK2, LLC Engineering - 2017 Appropriation: # 2016 COIT Bond Fund; P.O. 100302 Contract Not To Exceed $34,000.00 SECTION 3 CITY'S RESPONSIBILITIES 3.1 City shall provide such information as is reasonably necessary for Professional to understand the Services requested. 3.2 City shall provide all data required for provision of Services. Professional may assume that all data so provided is correct and complete. 3.3. City shall arrange for Professional to enter upon public and private property as reasonably required for Professional to perform the Services. 3.4 City shall designate payment of the Services from City budget appropriation number 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 Thirty Four Thousand Dollars ($34,000.00) (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. [SAContractsTrof.Svcs & Goods SvcslEngineaing@017WSK2, LLC Professional Services Contract.doc:3292017 2:39 PM] 2 MSK2, LLC Engineering - 2017 Appropriation: # 2016 COIT Bond Fund; P.O. 100302 Contract Not To Exceed $34,000.00 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, 2017, 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. [SAConnacts\Prof.Svcs & Good SvcsTrigineering\2017\MSK2, LLC Professional Services Connct.doc:3292017 2:39 PM] MSK2, LLC Engineering - 2017 Appropriation: # 2016 COIT Bond Fund; P.O. 100302 Contract Not To Exceed $34,000.00 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. [SAContractsftof.Svcs & Goods Svcs\Engineering\2017\MSK2, LLC Professional Services Conttact,cl-3292017 2:39 PM] 4 MSK2, LLC Engineering - 2017 Appropriation: # 2016 COIT Bond Fund; P.O. 100302 Contract Not To Exceed $34,000.00 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. JSdContracdslProf.Svcs & Goads SvcslEngineering@0171MSK2, LLC Professional Services Contrad.d-3/2912017 2:39 PM] MSK!, LLC Engineering - 2017 Appropriation: # 2016 COIT Bond Fund; P.O. 100302 Contract Not To Exceed $34,000.00 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: 9" City of Carmel Department of Engineering One Civic Square Carmel, Indiana 46032 ATTENTION: Jeremy Kashman PROFESSIONAL: MSK2, LLC Eric Lucas 405 Massachusetts Ave Suite 2A Indianapolis, IN 46204 elucas@mkskstudios.com 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. (S:1ContractsTroLSvcs & Goods SvcstEngineering12017\MSK2, LLC Profcssionsl Services Connadoc:3292017 2:39 PM] MSK2,LLC Engineering - 2017 Appropriation: # 2016 COIT Bond Fund; P.O. 100302 Contract Not To Exceed $34,000.00 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. ]S:1Contracls\Prof.Sv & Goods Svcs\Engineering120171MSK2, LLC Professional Services Connadoc:3129I2017 2:39 PM] MSK2,LLC Engineering - 2017 Appropriation: # 2016 COIT Bond Fund; P.O. 100302 Contract Not To Exceed $34,000.00 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 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 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 seg., as amended. (remainder of page intentionally left blank) [SAContractsTrof.Ss & Goods S%c %Engineering12017%MSK2, LLC Professional Services Contract.doc:3292017 2:39 PMj MSK2, LLC Engineering - 201.7 Appropriation: # 20] 6 COTT Bond Fund; P.O. 100302 Contract Not To. Exceed $34,000.00 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL; INDIANA MSK2, LLC by and through its Board of Public Works and ,Safety 7 mes Brainnacd, :Presiding Officer Date: -'/ /ly"/ 7 Mary Anne, M7_1./Z-/2 ber Date: - B Authorized Signature Printed Name: &WA M'. I,"- pol Title! fxy/'1/rtP 'L .Last Four of SSN if Sole Proprietor: Lori S. atson,mbe Date: '+-/�/ -Av 1-7 --Date: -- — -�—�= ------------- --- - (.41ConclesWniLS�ri S G&6S­%Fngio ing1:1I1 %tSK?;I1.Chgrccihm.ISdaioei C6nt,,.Ja.LiRU179:17 AA II 405 Massachusetts Avenue, Suite 2A Indianapolis, Indiana 46204 March 21, 2017 Mr. Jeremy Kashman City of Carmel, Indiana One Civic Square Carmel, Indiana 46032 RE: Professional Landscape Architectural Services —Intersection improvements at Gray Road and 126th Street, Main Street and 136th Street. Dear Jeremy, We're excited to continue working with the City of Carmel an the transformation of the Carmel transportation network. MKSK is pleased to submit this proposal for Landscape Architectural Design Services related to the three Intersection improvement projects at Gray Road and 126th Street, Main Street and 136th Street. We understand that this work, involves close collaboration with selected artists to site public art; design and document the back of curb surface treatments including hardscape, landscape and irrigation at these three roundabouts to create a cohesive Gray Road corridor. Our corresponding scope of work shall be to assist with public art placement within the roundabouts; design and document sidewalks, street trees, landscape planting, urban soils, and irrigation; attend project design meetings; and project coordination with DLZ engineers, selected artists and the City of Carmel. Attached is our proposed Scope of Basic Services for this project. In the event that we have misunderstood any Project Information or the requested services, we are happy to revise this outline as necessary. 1.0 Project Information The proposal herein is an agreement between the City of Carmel ("Client") and MKSK ("Landscape Architect") and is based on the initial project information set forth below. The Client and Landscape Architect agree as follows. 1.1 Project Description: This project will involve close collaboration with the selected artists to site public art and execute the design and documentation of back of curb surface treatments, including hardscape, landscape and Irrigation. Aesthetic elements include: sidewalks, street trees, landscape planting, urban soils, coordination of public art placement and landscape irrigation. 1.2 Project Location & Boundaries: The project includes improvements to three intersections at the following locations: • Gray Road and 126th Street • Gray Road and Main Street • Gray Road and 136th Street. Refer to Exhibit D. 1.3 Project Budget: The project budget is not known. 1.4 Project Schedule: We understand this scope of work is to begin in February of 2017. We understand construction is expected to be complete early in the fourth quarter of 2017. "EXHIBIT ■ .- tO MKSIGTuDIOS.COM M KSK 1.5 Project Responsibilities: Consultant, contracted directly to Client. See attached Exhibit B. 2.0 Project Team Project Team shall be comprised of representatives from the Client, the Client's subconsultants, selected artists and the Landscape Architect. The Landscape Architect shall receive all project direction from the Client. The Landscape Architect will complete the scope of services from their Indianapolis office location. The Landscape Architect team will include Eric Lucas as Principal -in -Charge and Chad Lothamer as Project Manager. The Landscape Architect team will include an irrigation designer subconsultant. It is assumed that this project will not require public participation in the form of public open houses, public surveys, public presentations, etc. 3.0 Project Scope of Work Our corresponding scope of work shall include close collaboration with selected artists to site public art; design and document the back of curb surface treatments including hardscape, landscape and irrigation at these three roundabouts (layout, grading, materials, construction detailing, specifications). We shall also coordinate with the project Civil Engineer who will be responsible for designing, specifying, locating, and documenting regulatory signage, all utilities (subsurface and above grade), curb ramps, surface drainage, stormwater management solutions, and surface and subsurface demolition. Site lighting and corresponding electrical drawings will be provided by the Project Electrical Engineer with MKSK assisting in fixture selection specific to up -lighting the landscape and public art features. Structural design for site elements, footings, walls and art foundations are to be provided by the project Structural Engineer. More specifically, the Landscape Architect shall develop design drawings and technical specifications for the following site areas of all three roundabout locations: • Central island — hardscape, landscape and public art coordination • Splitter island — landscape • Sidewalks — layout and design • Landscaping buffer between sidewalk and roadway circulation • Transition landscape between sidewalk and private property In addition, a section of wood fence at the northeast corner of Gray Road and 126"' street will be replaced with a brick wall to match the adjacent existing brick wall. The existing brick wall will be modified to add two feet in height at this intersection. At intervals noted herein, the Landscape Architect shall prepare detailed cost estimates for the landscape architect's scope of work. 4.0 Project Basic Services 4.1 Schematic Design Phase Services - The Landscape Architect shall work to develop landscape concepts for the DLZ engineering drawings that were provided by the Client with the January 2017 date, including the hardscape, landscape and irrigation. The Landscape Architect shall provide graphic exhibits for the purposes of conveying the design intent to the Client, including one "EXHIBIT r2,06 MKSKSTUDIOS.COM MKS K illustrative site plan and character / precedent imagery. Schematic Design Phase documents shall be submitted at 100% completion for City of Carmel / mayor review and schematic design approval. The Landscape Architect shall coordinate with the Client, the selected artists and the project engineering team to ensure there is proactive coordination. Anticipated meeting topics: roadway, utility routing and depths, stormwater best management practices; wall types, depths and footing design; art foundations; initial layouts and planting bed depths. At the conclusion of the Schematic Design Phase, the Landscape Architect shall prepare one (1) detailed cost estimate in order to establish a construction budget for the hardscape, landscape and irrigation. The established construction budget for each roundabout shall be used throughout the balance of the project to guide subsequent design and documentation efforts. Should the detailed cost estimate indicate that estimated costs exceed the project budget, the Landscape Architect shall make modifications as part of the Construction Document Phase. The Landscape Architect shall attend one (1) team meeting in Carmel, IN or via conference call. 4.2 Construction Document Phase Services — Based on comments provided at the conclusion of the Schematic Design Phase, the Landscape Architect shall prepare Construction Documents as a single bid package for the procurement and construction of the Work. Construction Documents shall include plans, details, applicable Division 02 technical specifications, and site plans (provided to others) to secure permitting approvals associated with the Landscape Architect's scope of work. Construction Document Phase documents shall be submitted at 50% and 100% completion. During the mid -point of the Construction Document Phase, the Landscape Architect shall revise the schematic design detailed cost estimate. Should the detailed cost estimate indicate that estimated costs exceed the established construction budget for the hardscape, landscape and irrigation of each roundabout, the Landscape Architect shall make modifications as part of the final (100%) Construction Documents Phase submittal. The Landscape Architect shall attend one (1) team meeting in Carmel, IN or via conference call. 4.3 Bidding or Negotiation Phase Services — The Landscape Architect shall assist in establishing a list of prospective contractors who can perform the construction associated with the Landscape Architect's scope of work. The Landscape Architect shall assist in the pre-bid meeting, answer contractor questions during Bidding associated with the Landscape Architect's scope of work, and assist in the evaluation of bids and bidder reviews associated with the Landscape Architect's scope of work. The Landscape Architect shall attend the pre-bid meeting and one (1) team meeting in Carmel, IN or via conference call. 4.4 Construction Phase Services — The Landscape Architect shall provide Construction Phase Services for the duration of the Project construction period. The Landscape Architect shall conduct a maximum of four (4) site visits during construction to observe construction progress associated with the Landscape Architect's scope of work. For each visit the Landscape Architect shall provide "EXHIBIT r3o_�lb M KSKSTU DIOS:COM nin KS a field report to the Client noting construction progress and general conformance with the contract documents. The Landscape Architect shall also attend one (1) punch list meeting with the contractor following completion of the construction associated with the Landscape Architect's scope of work. Throughout the construction period the Landscape Architect shall provide, for construction associated with the Landscape Architect's scope of work, RFI responses, proposed changes in the work review, submittal review, shop drawing review. 5.0 If -Authorized Services Services that may be required for the Project but not included in the Scope of Basic Services are listed in the attached Services Summary Exhibit A & C. The Landscape Architect shall not provide these services without written authorization from the Client. 6.0 Fee See attached Services Summary & Fee Proposal Exhibit A. Reimbursable expenses are an estimated, not to exceed amount. 7.0 Terms & Conditions See attached Exhibit F. Again, thank you for considering MKSK for this project. We are excited to begin a working relationship with the City of Carmel, Indiana and are eager to begin this project. Respectfully Submitted, Eric Lucas, RLA, ASLA Principal Authorization Client (Signature) Client (Name and Title) Eric M. Lucas for MSK2, LLC (dba MKSK) Date 2/21/2017 Date "EXHIBIT C-f6P l () MKSKSTUDIOS.COM Exhibit A: Services Summary & Fee Proposal Gray Road at 126th Street tbd Schematic Design Phase Services ............................................................. $3,234 __....... .............. ......... Construction Document Phase Services _.... .................................... . $4,900 ..._..._._ . .................. ...__._............................................................. _._._..._.._...... .......................... ...,................................................. Bidding Phase Services . $500 Construction Phase Services $1,767 Irrigation Design $833 ..... _..---.................... ............................ .................... ..........._..... ---.......__.......................... .... Subtotal _........................................... $11,234 ............. _.._._.-.. ----.................................__.._._................. _............--+--....._..._.._._ Gray Road at Main Street .......... __....................------....._._.................. ................................ __._..__............. _._..,--....................................... ....... ..........._ Schematic Design Phase Services $3,233 .............. .......................... _.__............ ..._....................................... _.......................................................... _ Construction Document Phase Services ......................... ....................... $4,100 _................................................................ ............. ._...._..... ..................... ...................... ....... Bidding Phase Services _......... ............................... $500 Construction Phase Services $1,767 ........ .......... .................. __.-..... _....__................... ............................ _.... _......... ------......... ..... _.;__. Irrigation Design _-._ ................... ___..... _.................... _........ ..__....._..------....-._....................._..,._._......----- ............. __....................... $833 _.... ............ -.. Subtotal $10,433 ................................. ..... _._............ _.._.............................................................................. _.... ...... _ Gray Road at 1361h Street __... _.._................. . Schematic Design Phase Services $3,233 .. ................ ..--.................. ....... ................ ....._..-------..................,...._..._.._._._ Construction Document Phase Services ------ _-. ----------. -... $4,100 ........................._.._._ .... ... __.................... .................. .....................................................__..i.._.... Bidding Phase Services ............. .................................... _........................................................... _...._._.......................................... ....... ---._................... $500 ..... ...... ._........................... Construction Phase Services $1,767 _.. _.... _............................................................................................... _...... _... - ---- .................... .... Irrigation Design ........................... $833 ... . ...................... __....... ..................................... ........................................... _........ _.._................... _.i ...... Subtotal ' i. __._.._ ..... _......................... $10,433 ......................................... _. _......................... ......... .................................................................... ......... ....... Subtotal _.. _....... . ................................. $32,100 _............................................................................................................. _ _... . ................. _.................... ......................................... Expenses ............. Estimate ...... ................................................ ._..__..................................................__............................. ...... ......_................... Direct Project Expenses _........._................. $1,900 (6% of fee) ... ....... ...................._..........................._................................---..__.._.-....__._._..__.......-..._......_._ Total .............. _................ $34,000 1. .......... See Exhibit C for If Authorized Service Descriptions ....._._......._._ ..................._... M KSK Programming &Project Scoping tbd Measured Drawings tbd ............. _...................................... _._.__..................... __....................... __._... _.................. _............ ................. Soil Testing & Analysis ..... .... ..................... tbd Conformed Construction Drawings tbd Coordination of Owner's Consultants tbd ....... ----............... _...................... ------ ......... __....................... ..._............................................. ............... Value Analysis/Value Engineering _........ _... _......... tbd ..................... ..................... ..... _.................. _......... _......... ---._.-............................................ On -Site Project Representation .............................. --..__._._._...._......- - -- ---.............._......................._.....-.._....._. _....... tbd LEED Certification tbd Record Drawings tbd ............. _........ _........ ... __............ .............._................................... ........................... Multiple/Fast Track Bid Packages _..... _.... _........ tbd Contractor Scoping tbd ................. __............... ............................ _.............. _... _............. .......__..._._.._......_...__....._....._i.........:..................................... Division 0&1 Specifications ---- ....__..__....._........ -- --..._...............__................ tbd .._.__............,..................._.... Management & Operations Estimating tbd ............. _.................................................................................................... .... ....__............_...._.................. _..._ Site &Landscape Maintenance Plan ... ........ ...................... tbd Additional Presentations & Renderings tbd ..-------- .................. -------- .......... .- --...._..--.................................... Off Site / Nursery Visit Tree Tagging _......... _ tbd ...... __..__.... __...... ........................................ ...................... ................................................................... ........_..._... Additional Meetings --- tbd .......... ---...................... ..................... ......................... ......_...................... .............................................._i.........................._................._ Bidding or Negotiation Phase Services tbd ......................................... ................................................. _............... ..................... Construction Phase Services ........ ................. tbd .. .........................................................................................................__.....................,............._._._.... Total ........................... ..................................................................................................................... __............ ............. _.._... __... _.............................................. __..... ......_.._..__.................. ..................................... .............. ;.................................... -- - tbd ..... ... ... ............. ......... ... .._... "EXHIBIT " 5-6-rf 6 MKSKSTUDIOS.COM Project Responsibility Chart Project Program, Scope & Budget Lead ............................. ............... _...... __.... -................................................................................. I... ._............. Survey & Base Information ..................................... ............ _........... -......... Lead Subsurface Investigation & Report Lead ....................-----..__..— ....... Design & Construction Documents -- - Lead Project Meetings- Design Lead ........................ .................. __.... _....... _... _...... _-........... .................................... -...................... .......................... Division 0-1 Specifications ..............I ................... ................................ Lead Division 2-32 Specifications Lead ....................... .......................... ---............. -............... ---- .............................................. ............................................................................................ Master Project Schedule Lead Detailed Cost Estimating Lead - --...... --................ ... -............... Constructability Analysis -_.... --.... ................. _.............. ...... N/A Value Analysis/Value Engineering N/A --.....__._..._..._..—._.................. _..................... ....... ...- Permitting & Approvals .......... --................................................ Lead ... _... _.._........................... .....-..... ....................................... _................... - ............ ......._...... Assemble Bidding Documents -....... ............. .-......_....__.-._._._.._. Lead Bidding -- --- -��-- - - -- � -Lead -- - -- Assist Assist Assist Assist Assist Assist M KSK "EXHIBIT MKSKSTUDIOS:COM MKS K : If Authorized Service Descriptions Programming & Project Scoping — The Landscape Architect shall assist the Client/Owner in developing a program and scope of work for the project. Soil Testing & Analysis — The Landscape Architect shall contract with a soil testing laboratory to measure soil characteristics relative to contamination, stormwater management, and plant health. Conformed Construction Drawings — Following the Bidding & Negotiation Phase, the Landscape Architect shall incorporate all addenda and clarifications into a conformed set of construction drawings. Coordination of Client's Consultants — The Landscape Architect shall coordinate the design schedule, lead meetings, and review submittals of design and engineering consultants contracted directly with the Client. Value Analysis/Value Engineering — At the start of Construction Documents, the Landscape Architect shall make revisions to the documents required for cost over -runs with the exception of those changes initiated by the Landscape Architect. On -Site Project Representation — The Landscape Architect shall provide construction phase services on-site at the project location through the duration of the construction. LEED Certification—The Landscape Architect shall research, design, specify, and provide required background documentation to satisfy the desired LEED site requirements. Record Drawings — The Landscape Architect shall assemble all Contractor as -built submittals into a Record Drawing plan in electronic format. Multiple/Fast Track Bid Packages — The Landscape Architect shall prepare additional bid packages to facilitate a fast track or phased construction process. Contractor Scoping — If the procurement strategy for the project involves multiple prime contractors, the Landscape Architect shall contract with a Construction Manager to define the scopes of work for each trade. Division 0 &1 Specifications —The Landscape Architect, with assistance from the Client, shall prepare the specifications for Procurement& Contracting Requirements (Div 00) and General Requirements (Div 01). Management & Operations Estimating — The Landscape Architect shall prepare an estimate of anticipated maintenance and operations cost for the facility. Site & Landscape Maintenance Plan — The Landscape Architect shall prepare a seasonal maintenance plan for the site improvements and plantings. Additional Presentations & Renderings — The Landscape Architect shall prepare presentations and renderings beyond those required to convey the design intent of the project to the Client. Additional Meetings — The Landscape Architect shall attend additional meetings beyond those specified. "EXHIBIT A 7 6-F(o MKSKSTUDIOS.COM illi KS K : Project Scope Project limits are indicated in red on the diagrams below. 126th Street roundabout: "EXHIBIT A 3006 MKSKSTODIOS:COM Mrsr Main Street roundabout: "EXHIBIT - 4 f 6 (o MKSKSTUDIOS COM M. KS K 136th Street roundabout: "EXHIBIT )4 % /dOF(0 MKSKsTubIaS:GOM 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 Goods/Services Date Goods/ Service Provided Goods/Services Provided (Describe each good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker's Compensation & Disability Employer's Liability: Bodily Injury by Accident/Disease: Bodily Injury by Accident/Disease: Bodily Injury by Accident/Disease: Property damage, contractual liability, products -completed operations: General Aggregate Limit (other than Products/Completed Operations): Products/Completed Operations: Personal & Advertising Injury Statutory Limits $100,000 each employee $250,000 each accident $500,000 policy limit $500,000 $500,000 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 i EXHIBIT D AFFIDAVIT %� oM ek 5 P or TO , 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 MSK ., LLC (&.: My -5k) (the "Employer") in the position of Pr;nCipkl �/ Conrroller 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 and- has -- provided documentation of such enrollment and participation to the City of Carmel, Indiana. i w 5. The Company does not knowingly dmploy-any unauthorized aliens. FURTHER AFFIANT SAYETH NOT. EXECUTED on the 11,E day of Apr; ( 201-7. Printed:_ 7 •-N 4 5 To rT-o 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. ��--- Printed: 7 ott,%(,5 P6. - T o Cityof Carmel INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 Page 1 of 1 PURCHASE ORDER NUMBER SHIPPING INSTRUCTIONS FEDERAL EXCISE TAX EXEMPT 100302 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/P CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL -1997 VOUCHER, DELIVERY MEMO, PACKING SUPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIREDI REQUISITION NO. VENDOR NO. DESCRIPTION 3/24/2017 371586 Projects 16 -ENG -16,16 -ENG -54,16 -ENG -55; Contract Date 04.19.17 MKSK City Engineering's Office VENDOR. 462 S. LUDLOW ALLEY SHIP 1 Civic Square TO Carmel, IN 46032 - COLUMBUS, OH 43215 - Kate Lustig PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 13921 QUANTITY UNIT OF MEASURE_ DESCRIPTION UNIT PRICE EXTENSION Department: 2200 Fund:0 Account: 94-650.04 1 Each Send Invoice To: Skip Tennancour American Structurepoint, Inc. 8425 Wicklow Way Brownsburg, IN 46112 2016 C01 Bond PLEASE INVOICE IN DUPLICATE COIT Bond Fund 126th and Gray, 136th and Gray, Main and Gray Landscape Architectural Services $34,000.00 $34,000.00 Sub Total $34,000.00 DEPARTMENT I ACCOUNT I PROJECT PROJECTACCOUNT AMOUNT PAYMENT $34,000.00 SHIPPING INSTRUCTIONS ' 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 'SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN 'C.O.D. SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. '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 Jeremy Kashman TITLE Director CONTROL NO. 100302 CLERK -TREASURER Douglas Haney Corporation Counsel