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The Etica Group, Inc./Eng/141,100/109th Street and Range Line Road Culvert Replacement - DesignThe Etica Group, Inc. Engineering Department - 2017 Appropriation #2016 Storm Water Bond Fund; P.O.#100599 v Contract Not To Exceed $141,100.00 �q0 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 The Etica Group, Inc. (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. [X,XontractslProf.Sv & Goods Sws\Engin=iog\2017Mc Etica Group Professional Svcs Agrccmcnt.doc72412017 10:19 AM 1 The Etica Group, Inc. Engineering Department - 2017 Appropriation #2016 Storm Water Bond Fund; P.O.#100599 Contract Not To Exceed $141,100.00 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 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 One Hundred Forty One Thousand One Hundred Dollars ($141,100.00) (the "Estimate"). Professional shall submit an invoice to City no more than once every thirty (30) days for Services provided City during the time period encompassed by such invoice. Invoices shall be submitted on a form containing the. same information as that contained on the Professional Services Invoice attached hereto as Exhibit B, incorporated herein by.this reference. City shall pay Professional for all undisputed Services rendered and stated on such invoice within thirty five (35) days from the date of City's receipt of same. 5.2 Professional agrees not to provide any Services to City that would cause the total cost of same to exceed the Estimate, without City's prior written consent. SECTION 6 TERM Unless otherwise terminated in accordance with the termination provisions set forth in Section 7.1 hereinbelow, this Agreement shall be in effect from the Effective Date through December 31, 2017, and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. jX:\Contr ts\ProL$ve & Goods SwAEnginmingMEATho Eli. Group Profoss —1 S— Agrecmcnt.d-7242017 10:19 AMj 2 The Etica Group, Inc. Engineering Department - 2017 Appropriation #2016 Storm Water Bond Fund; P.O.#100599 Contract Not To Exceed $141,100.00 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 Bindinq 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. 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. [X:\Contrncts\ProLSv c& Goods Svcs\Engincaing\201M1 Eti. Group Professional S— Ag—MA-712412017 10:19 ANN The Etica Group, Inc. Engineering Department - 2017 Appropriation #2016 Storm Water Bond Fund; P.O.#100599 Contract Not To Exceed $141,100.00 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. 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 [XACantracts\ProLSm & Goods Svcs\Engin=ing@017\The Etica Group Prof—ionnl Svcs AgrccmcnIA-7/142017 10:19 AMl 4 The Etica Group, Inc. Engineering Department - 2017 Appropriation #2016 Storm Water Bond Fund; P.O.#100599 Contract Not To Exceed $141,100.00. 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. 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: The Etica Group, Inc. 1924 South Dan Jones Road Avon, IN 46123 ATTENTION: Jessica Nickloy [X:\Contracls\Pmf.Sv s & Goods Sws\Engin=ing\2017\The Etics Group Praf ional S -s Agr=mcnt.d=7/242017 10:19 AM[ Douglas C. Haney Corporation Counsel One Civic Square Carmel, Indiana 46032 The Etica Group, Inc. Engineering Department - 2017 Appropriation #2016 Storm Water Bond Fund; P.O.#100599 Contract Not To Exceed $141,100.00 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. 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. [X:1ContraclsWroLSv &Goods S—EnginecringU0MThe Erica Group Professional Sws Agoxmcnl.d=724201710:19 AMI The Etica Group, Inc. Engineering Department - 2017 Appropriation #2016 Storm Water Bond Fund; P.O.#100599 Contract Not To Exceed $141,100.00 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. 7.24 Records and Inspections Professional shall maintain full and accurate records with respect to all matters covered under this agreement for three (3) years after the expiration or early termination of this Agreement. City shall have free access at all proper times to such records and the right to examine and audit the same and to make transcripts there from, and to inspect all program data, documents, proceedings and activities. 7.25 Accomplishment of Project Professional shall commence, carry on, and complete the project with all practicable dispatch, in a sound economical and efficient manner, in accordance with the provisions thereof and all applicable laws. In accomplishing the project, Professional shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on within City's organization. 7.26 Iran Certification Pursuant to LC. § 5-22-16.5, the Professional shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. 7.27 Access to Public Records Act Professional understands and agrees that any "public record", as that term is defined in Indiana Code 5-14-3- 2(m), as amended, that is related to the subject matter of this Agreement, , whether the same is in the possession or control of the Professional or the City, shall be subject to release under and pursuant to the provisions of Indiana's Access to Public Records Act, as codified in Indiana Code 5-14-3-1, et sec., as amended. [X:\ContraclsTroLSv & Goods Svcs\Engin=ing\2017\ThcEBm Group Prof—ional Svcs Agrccmcnl.doc:7242017 10:19 AM[ The Etica Group, Inc. Engineeruig Department - 2017 Appropriation #2016 Storm Water Bond Fund; P.O1100599 Contract Not To Exceed $141,100.00 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA THE ETICA GROUP, INC. by and through Its Board of Public Works and Safety 11'A 0` 6_ - Prc _,�eyq Lori S. Watson, Member Date: ATTES r Christine S. Pauley, Date: i M3 Title: Ua�i' AQVA IC - FID/TIN: 0_3 , osSl0Q (_,�) Last Four of SSN if Sole Proprietor: Date: - -119 1Q ( o (%dCmUxulPrdS��sSCoaly Sic @ogmminF1201711To Elba G p Pwrml.rl S`u A&,a .]A,a7124=171P.19 All 8 AbA S 1-4 -SW-1 S they ca c July 19, 2017 Mr. Chris Ogg, PE Assistant City Engineer City of Carmel One Civic Square Carmel, IN 46032 PCS ENGINEERS joins the etica group Re: Proposal for Professional Services: Culvert Replacement 109th Street and Rangeline Road Design Phase Services Dear Chris: Herein you will find our proposal to perform engineering services relating to the 109th Street and Rangeline Road Culvert Replacement project. The following work elements are included in our proposal: - Topographic Survey - Permitting - Preliminary (40%) Plan Preparation - Geotechnical Investigation* - Final (100%) Plan Preparation - Utility Coordination (hourly) - Right -of -Way Engineering - Location Control Route Survey - Hydraulic Analysis * if needed Currently, the Etica Group scope of work does not include the following services; such services can be amended into our scope if desired: • Right-of-way acquisition services, including appraisals, negotiations, etc. • Environmental studies, documentation, and NEPA permitting. Our total proposed fees are itemized on the following page, and a general project scope follows. We look forward to working with you on this project. Please let us know if you have any questions or if you require any additional information. Estimated manhours can be provided, if required. Sincerely, The Etica Group �OkC Jessica Nickloy President/CEO cc: 16-094 IndianapolisHeadavarters I Avon I Fishers I New Haven I WD & DAE C > k�a "EXHIBIT re,� lUT D Mr. Chris Ogg, PE City of Carmel 109th & Rangeline Culvert Replacement July 19, 2017 Page 2 109th Street and Rangeline Road Culvert Replacement City of Carmel, IN Fee Summary Task Description Fee Design Services & Permitting Topographic Survey & Route Survey $ 14,000.00 Hydraulic Analysis and Report $ 5,100.00 Preliminary Roadway Design & Plan Preparation (-40% Plans) $ 25,500.00 Final Roadway Design & Plan Preparation (100% Plans) $ 30,300.00 County Drainage Permit $ 3,000.00 401/404 Permit (Assumed Regional General Permit) $ 4,000.00 Rule 5 Permit (SWPPP & Review) $ 5,000.00 Bidding / Construction Phase Services $ 10,000.00 Out of Scope Items (Upon Written Permission from City Only) $ 10,000.00 Geotechnical Services Geotechnical Investigation & Report $ 8,000.00 Utility Coordination $ 10,000.00 Right -of -Way Engineering Services (INDOT Compliant, 4 parcels) Right -of -Way Engineering (@ $2,700 per parcel) $ 10,800.00 LRS Submittal (@$150 per parcel) $ 600.00 Staking Right -of -Way (@$700 per parcel) $ 2,800.00 T&E Reports (@$500 per parcel) $ 2,000.00 Total $ 141,100.00 Notes: • Each task item above is proposed to be completed for a fixed, lump sum fee, except the following: - Utility coordination, geotechnical investigation & report, Pavement Design, and bidding/construction phase services are proposed to be charged "as needed" on a time - and -expense basis. Amounts shown are estimated "not -to -exceed" amounts. - Right-of-way engineering, LRS submittal, staking right-of-way, and ME reports are proposed to be charged on a unit basis. Amounts shown are estimated based upon the individual unit fees x 4 parcels. • Initial work will include only those items required to prepare Preliminary Design submittal (-40% Plans). • Bidding/Construction Phase Services and Rule 5 Permit line items are only to be used if the Culvert Replacement Project is bid separately from the 111th Street Roundabout. °EXHIBIT ■ Z�S Mr. Chris Ogg, PE City of Carmel 109th & Rangeline Culvert Replacement SCOPE OF SERVICES July 19, 2017 Page 3 Project Description: The Project will replace a drainage culvert just south of the intersection of 109th Street and Rangeline Road in the City of Carmel, Indiana. Project is assumed to use 100% local funding. 1. TOPOGRAPHIC SURVEY & ROUTE SURVEY The field survey will be conducted to a level detailed enough to provide adequate information to complete the final design plans for the project. The limits of the survey shall be as follows: • Limits shall generally extend from 300' south of the existing structure to 300' north of the existing structure. Survey limits shall extend approximately 45' left and right of centerline of Westfield Blvd (Rangeline Road). • Channel sections will be obtained 50' upstream and 50' downstream of the structure at 50' intervals. Specific Scope Details & Assumptions: • Provide Horizontal Control. The Horizontal Control will be based on the Indiana Geospatial Coordinate System (InGCS), Coordinate system. • Research the last deed of record for metes and bounds descriptions and plats for subdivided properties for the current property owners. • Plot all property lines obtained from deed and plat analysis. Plot right of way as determined by the governing agency and subdivision plats. If title work is required, this will be an additional fee. The property lines will only be plotted (based on the latest documented record) along the proposed corridor. • Process field data and QA / QC before importation into CAD. • Plotting and drafting the Route Survey in CAD. • The alignment will be provided per the design engineer and shown on the LCRS survey plat; however, the alignment will NOT be staked in the field. If the alignment is required to be set, this fee will be revised. • Notify appropriate property owners along the corridor, (8 owners to be notified). If there are additional property owners, this fee will be modified. • Locate and reference Section Corners and / or subdivision monuments as required. • Prepare a field survey book complying with INDOT standards. • Prepare a Route Survey Plat and Report. • Provide Vertical Control. The vertical control will be referenced to North American Vertical Datum of 1988 (NAVD 88). This fee is based on the assumption that benchmark "Y 42". If the "Y 42" does not exist in the field, this fee will need to be revised. • Submit utility requests to have marked via Indiana 811. Provide client with names and addresses. Etica can't guarantee the accuracy of the marked utilities. The utilities will be marked for the horizontal location only. The depth, size, or any other features will not be noted. • Collect general topography within the specified survey corridor, including all observed utilities, sanitary, and storm structures. Only visible horizontal locations of any utilities will be shown. See attached aerial map for the limits of survey. • Detail all storm and sanitary structures within the survey corridor including inverts and pipe sizes. This fee is based on a maximum of 2 Structures total. This fee does not include structures considered confined space entry. "EXHIBIT A " �C7 Mr. Chris Ogg, PE July 19, 2017 City of Carmel Page 4 109th & Rangeline Culvert Replacement II. CONSTRUCTION PLANS PREPARATION Develop design plans for a culvert replacement of the existing culvert just south of the intersection of 109th Street and Rangeline Road. These plans included required hydraulic investigation to determine correct culvert sizing of the replacement structure. The design will include additional buffer width for a future path on the east side of Rangeline Road. Specific Scope Details & Assumptions: • Attend Early Coordination Meeting with Owner, if requested. • Analyze existing hydrology of the stream and perform hydraulic analysis of the proposed structure within the HY-8 software package. • Construct a hydraulic report to summarize the findings of all hydrology and hydraulic analysis. • Prepare Preliminary Plans (approximately 40% complete) and documents for Owner review. To be used as Preliminary Field Check Plans. • Conduct a Preliminary Field Check meeting. • Prepare Final Plans (approximately 95% complete) and documents for Owner review. To be used as Final Plans. • Prepare Bid Plans (100% complete) and documents. To be used as Final Tracings. • Provide Bidding & Construction phase services as requested, including pre-bid Q&A and addenda, pre -construction meeting attendance, submittal reviews, etc. • Prepare and submit applications for project permits. Permits anticipated include Rule 5, Hamilton County Drainage, and a Regional General 401/404 Permit. • Line item for "Out of Scope Items" is included and will be utilized only upon written permission from the City of Carmel. This line item is intended to cover unanticipated items without hindering project schedule with contract amendment approvals. • Scope assumes the following: o No Public Hearing is required. o Landscaping design is not required. o Traffic maintenance is assumed to be a full intersection closure. o Scope includes up to three (3) coordination meetings during project development. o Crossing width will provide space for future path along east side of Rangeline Road. o No Construction in a Floodway Permit required (under 1 sq mile of drainage area) o Individual 401/404 Permit not required o No HEC -RAS analysis required Plan elements shall include the following: • Title Sheet • Index Sheet • Plat Sheet • Typical Cross Sections • Plan & Profile Sheets • Construction Details (General Layout) • Signing & Pavement Marking Details • Traffic Maintenance Details "F_X!-T-31T A Mr. Chris Ogg, PE City of Carmel 109th & Rangeline Culvert Replacement • Erosion Control Details • SummaryTables • Cross Sections Construction Documents shall include the following: • Bid quantity computations & Engineer's estimate of probable costs • Design calculations & documentation • Project special provisions III. GEOTECHNICAL SERVICES July 19, 2017 Page 5 Provide an evaluation of the subsurface conditions (if needed) and assess the impacts of these conditions on the proposed construction. Improvements are anticipated to include the replacement of the existing culvert and reconstruction of the approach pavement. Specific Scope Details & Assumptions (if needed): Perform up to three exploratory test borings to a depth of up to 15 ft each. The actual location, depth, and number of borings will be dependent on the soil conditions encountered, forthcoming plans, and INDOT guidelines at the time of our evaluation. Standard Penetration Test (SPT) sampling will be performed in the borings at 2% -ft intervals. In addition, Shelby tube samples will be obtained as determined at the time of the field work. We anticipate that access to the boring locations can be accomplished with truck -mounted equipment with traffic control, and the borings will be backfilled at completion of the field work with auger cuttings, a bentonite chip plug, and a concrete patch at the surface. • Locate the test borings using measurements from existing site features shown on plans. • Hand auger soundings will be performed as deemed necessary • Contact Indiana 811 to arrange an underground utility line location check prior to geotechnical work. • Perform appropriate laboratory tests including visual soil classification, hand penetrometer readings, moisture content, grain size analysis, soil pH, soluble sulfate, phosphorus, potassium, loss on ignition (organic content), Atterberg limit determinations, unit density, unconfined compression, standard Proctor and subgrade resilient modulus. • Prepare a technical report which will include a summary of our findings and recommendations for geotechnical considerations regarding: o Subgrade preparation and improvement, as necessary, for support of sewers, embankment fill, if any, and pavement; o Pavement design parameters; o Embankment fill placement; o Placement and compaction of backfill for sewers; o "Topsoil" data (as per INDOT Standard Specification 914.01); and o Potential construction problems due to the subsurface conditions encountered (e.g., soft subgrade difficulties, dewatering, etc.). Perform a Pavement design with considerations for the approach pavement considering reconstruction. Our analyses will be performed using the MEPDG approach (AASHTOWare PavementME) in accordance with Ch. 304 of the INDOT Design Manual and applicable memoranda. Mr. Chris Ogg, PE City of Carmel 109th & Rangeline Culvert Replacement July 19, 2017 Page 6 Anticipating less than 10,000 sq. yds of new pavement, the analysis will be made using only HMA for the new section(s). Our scope does not include widening, overlay or temporary pavement. *Provide geotechnical review of the final check prints.* IV. UTILITY COORDINATION Includes coordination of utility relocations and/or adjustments to accommodate the project in accordance with 105 IAC 13 for the design development and construction of the project (on an hourly basis). Specific Scope Details & Assumptions: • Research existing records to confirm names of utility companies with facilities in or near the project limits. This includes review of map files maintained by City, investigation of field conditions, and review of information from Indiana Underground Plant Protection Service (Indiana 811). This task includes a single site visit for visual confirmation and data collection (i.e. photographs and confirmation measurements). • Prepare and distribute "Initial Notice of Proposed Improvement Project" letters to all utilities known to exist in the project area. Gather responses and document utility replies. • Prepare and distribute "Verification of Existing Facilities" letters and preliminary project plans to all utilities known to exist in the project area. All utility replies will be documented upon receipt and all facility and/or location corrections will be communicated to designers. Includes identification of reimbursable utilities and identification of easements utilities have obtained. • Prepare and distribute "Conflict Analysis" letters and updated plan sheets to all utilities known to have facilities within the project limits. All replies will be documented upon receipt. • Utility companies will be sent pre -final stage project design plans for developing their relocation plans with official request letters. Relocation work durations and schedules will be established. • Relocation plans (both written summary and design sheet mark-ups) will be reviewed and included in plans. Also included are compiling of documents (including coordination certificate, special provisions, work plan narrative, and relocation drawings) and providing to designer. "Notice of Approved Work Plan" and "Notice to Proceed for Proposed Improvement" letters prepared and submitted to Owner for approval. Distribute approved work plans and relocation plans to utilities. Also included is review of reimbursable utility relocation cost estimates, prepare reimbursable agreements between Owner and Utility. • Coordinate any required relocation with contractor (if relocation is to be done by project contractor) • *Provide Utility Coordination Certification and Utility Special Provisions for Final Tracings package.* • Continue utility relocation coordination activities, as needed, until completion of construction. • This scope assumes a maximum of five (5) separate utilities are located within the project impact area, with a maximum of three (3) utilities requiring adjustment or relocation. • This scope assumes attendance at up to two coordination meetings during design development and one field visit during construction. • The following items are NOT included in this scope: o Field observation/inspection of utility relocations. This work is assumed to be performed by Owner's construction inspector. o Subsurface Utility Engineering (SUE) services. Utility Coordination will be provided on an hourly basis given the following rates: °EXHIBIT p' OG�o Mr. Chris Ogg, PE July 19, 2017 City of Carmel Page 7 109th & Rangeline Culvert Replacement • Utility Coordination Manager: $129.00/hr • Utility Coordination Technician: $94.00/hr V. RIGHT OF WAY ENGINEERING SERVICES Verify property ownership and prepare Right of Way parcel plats for use in Right of Way acquisition. Specific Scope Details & Assumptions: • Provide Title and Encumbrance (T&E) Reports for each parcel involved in Right of Way Acquisition. • Prepare boundary descriptions for all proposed acquisition areas required for the Project. • Prepare an exhibit (plat) for each parcel showing the existing land with the proposed area to be acquired. • Perform in the field stake -out locating the new Right -of -Way line for partial takings, as requested or approved by the Owner. The stake -out will be made using wooden hubs or stakes located at appropriate points indicating the Right of Way, easement, or right of entry for the Project. • *Provide "electronic" submittal of right of way parcels into INDOT LRS system.* • Right of way acquisition services, including (but not limited to) appraising, buying, review appraising, recording, obtaining mortgage releases, preparing transfer documents, managing Right of Way acquisition services, and INDOT Right of Way certification, are NOT included in this scope. "EXHIBIT A l Mr. Chris Ogg, PE City of Carmel 109th & Rangeline Culvert Replacement ANTICIPATED PROJECT SCHEDULE OF SERVICES Proposal to City 7/17/17 Notice to Proceed Anticipated 8/15/17 Topographic Survey Complete 9/15/17 Preliminary Design Submittal 10/20/17 Preliminary Design Review Late October 2017 Preliminary Field Check Early November 2017 Right -of -Way Engineering 11/10/17 —12/15/17 Right -of -Way Acquisition 12/15/17 —8/3/18 Stage 3 / Final Plans Submittal 3/30/18 Stage 3 Review April 2018 Tracings/Bid Package Complete 5/4/18 Bid Project May 2018* July 19, 2017 Page 8 *Construction timeline will need to be coordinated with the adjacent 111th Street and Rangeline Road Roundabout project. These projects cannot occur simultaneously under full closures as adjacent homeowners would not have access during construction. It is assumed that final plans will be submitted to the city in May 2018 and will be "shelf ready." 18 IT EXHIBIT B Invoice Name of Company. Address & Zip: Telephone No.: Fax No.. Project Name: Invoice No. Purchase Order No: Date: Signature Printed Name Goods 1 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 EXHIB IT 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 Policy Limit: Each Occurrence Limit: Fire Damage (any one fire): Medical Expense Limit (any one person): Statutory Limits $100,000 each employee $250,000 each accident $500,000 policy limit $500,000 $500,000 $500,000 $250,000 $250,000 $ 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 AFFIDAVIT 1C' , being first duly sworn, deposes and says that he/she is familiar with and has perso al knowledge of the facts herein and, if called as a witness in this matter, could testify as follows: 1. 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 —V -V -\e E:ic(the "Employee' in the position ofOSl 3. 1 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. S. The Company does not knowingly employ any unauthorized aliens. FURTHER AFFIANT SAYETH NOT. EXECUTED on the r9 (D day of _ au t f , 20JI. 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. °a, SHEENA M LEE O I 5 ` e ( : Notary Public. Slain of u•,iiru1d Printed: Hamilton Cowi,v . SEAQCommission P 606,143 ,: r ; ? My Commission C,pnas '%J ko,ni;►.� May 28. 2023 JJa,„na•� o j' Carmel City INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 Page 1 of 1 PURCHASE ORDER NUMBER JL FEDERAL EXCISE TAX EXEMPT 100599 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 SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 7/20/2017 371824 Project 17 -SW -15; Contract Date CTff.02. I$ THE ETICA GROUP, INC. City Engineering's Office VENDOR 7172 N. KEYSTONE AVE. SHIP 1 Civic Square SUITE G TO Carmel, IN 46032 - INDIANAPOLIS, IN 46240 - Kate Lustig PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 17380 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department., 2200 Fund: 0 2016 Storm Water Bond Account., 94-650.04 1 Each ASA 5 -109th Street and Range Line Road Culver $141,100.00 $141,100.00 Replacement - Design Sub Total $141,100.00 Send Invoice To: I Jill Newport CrossRoad Engineers; P.C. 3417 Sherman Drive Beech Grove, IN 46107 G.O./storm water BOr1dS PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT F PROJECT PROJECT ACCOUNT AMOUNT PAYMENT $141,100.00 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 UNOBLI GATED 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 �Z? AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY Jeremy Kashman TITLE Director CONTROL NO. 100599 CLERK -TREASURER Douglas Haney Corporation Counsel