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DLZ Indiana, LLC/Eng/328,200/106th Street and Hazel Dell Parkway Roundabout - DesignDLZ Indiana, LLC Engineering Department - 2018��� Appropriation #2017 LOIT Bond Fund; P.O.#101302 i Contract Not To Exceed $328,200.00 SAO 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 DLZ Indiana, 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. Vendor 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 Vendor shall perform only those Services specifically detailed in the Notice. If the Vendor desires clarification of the scope of any Notice to Proceed, the Vendor 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 writing, to provide such additional Services, shall such Services be provided by Professional to City. A copy JS:1Cm"aswrol.SV & Goods Svcs\Engin—ing\20181DIZ Indiana, ILC Rof i—) Servw-doc: W 201E IL 10 AM] DLZ Indiana, LLC Engineering Department - 2018 Appropriation #2017 LOIT Bond Fund; P.O.#101302 Contract Not To Exceed $328,200.00 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 2017 WIT 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 Eight Thousand Two Hundred Dollars ($328,200.00) (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. js:C-t—j.wror Svc. a Go.& S—\F.s.— &\-'oisoLz bWi.o.. u.c Pl.f--) s.—doc:1n3M18 i 1: io AW 2 DLZ Indiana, LLC Engineering Department - 2018 Appropriation #2017 LOIT Bond Fund; P.O.#101302 Contract Not To Exceed $328,200.00 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, 2018, 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. 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 1S:Wmtr cAProf.Svcs R Goods Svca\Engineering\20181DLZ Indiana, LLC Professimal Savices.doc: 1!23!2018 11:10 AMI DLZ Indiana, LLC Engineering Department - 2018 Appropriation #2017 LOIT Bond Fund; P.O.#101302 Contract Not To Exceed $328,200.00 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. 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. Is:Caov wWroCS— &Goods Sws\EnginwringVV1MDIZ Indians, u.c Prof—ion.l cavi—doc.1l23/20I8 11, 10 AM] DLZ Indiana, LLC Engineering Department - 2018 Appropriation #2017 LOIT Bond Fund; P.O.#101302 Contract Not To Exceed $328,200.00 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. 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 JVConV IsVPro(.SV & Goods SresTngiwrmgQ018sDI2 Ldima, LLC Professional Savim.doc:1123!2018 11: 10 AM) Douglas C. Haney Corporation Counsel One Civic Square Carmel, Indiana 46032 DLZ Indiana, LLC Engineering Department - 2018 Appropriation #2017 LOIT Bond Fund, P.O.#101302 Contract Not To Exceed $328,200.00 PROFESSIONAL: DLZ Indiana, LLC 157 East Maryland Street Indianapolis, IN 46204 ATTENTION: Gary K. Fisk, P.E. 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. JSACmn ttsUlmf.Scs&Goo&Sws\EnSin ing120J8\DIZIndana. LLC Professional S—ices.dx. 1123r1018 11.10 AMS DLZ Indiana, LLC Engineering Department - 2018 Appropriation #2017 LOIT Bond Fund; P.O.#101302 Contract Not To Exceed $328,200.00 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. 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. JSAContr ts\Prof.Svcs & Good Svcs\EngineeringU018%DLZ Indiana, ILC Professional S—im.doc, 1/2312016 11. 10 AM] DLZ Indiana. LLC Engineering Department - 2018 Appropriation #2017 LOIT Bond Fund; P.O.#101302 Contract Not To Exceed $328.200.00 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 seq., as amended. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety BY: �-� �, � (\ James Brainard, Presiding Officer Date: r Lori S. Watso , ember Date: _zq_z_1 Christine S. Pauley, Cle Date: DLZ Indiana, LLC AN Oz-,, �- -�_Q Aut rized Ignature Printed Name: 6grq Title: Vi<< �l�slei¢n� IS u.vI,.*— LU: dx.1/!3�`OIH 11.4rAMI FID/TIN: v-/ 741713 Last Four of SSN if Sole Proprietor: Al( ,q Date: 00 3A016 IS - EN(2q — OZ EXHIBIT A SERVICES TO BE FURNISHED BY THE PROFESSIONAL 106th Street and Hazel Dell Parkway Roundabout Design DLZ Indiana, LLC (PROFESSIONAL) shall prepare Design Plans and Bid Documents for the 106th Street and Hazel Dell Parkway Roundabout Design, thereby constituting the "Project". This scope of services entails detailed design of the Project. Design plans will be in accordance with CITY of Carmel Standard Drawings, including CITY's Roundabout design guide. In the absence of any CITY standards for any design element, the design shall conform to the latest version of the INDOT Specifications, Supplemental Specifications, Reoccurring Special Provisions, Standard Drawings and updates, American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets, 2011; NCHRP Report 672, Roundabouts: An informational Guide, Second Edition; Indiana Manual on Uniform Traffic Control Devices (IMUTCD) 2011; AASHTO Guide for the Development of Bicycle Facilities. The design will consist of asphalt pavement for the Roundabout. The project is 100% locally funded, including design and construction. A. PROJECT MANAGEMENT The PROFESSIONAL shall provide Project Management services including the following: 1. The PROFESSIONAL shall manage the activities described in this Scope of Work among the project team members. The PROFESSIONAL's project manager (PM) will be in charge of overall project management in addition to being the CITY's direct link to the design team for issues concerning administration and technical execution. The PM will be responsible for coordinating the activities of all SUBCONSULTANTs and acting as liaison between professional and any outside agencies and/or groups. The PM will also be responsible for maintaining schedule and budget. 2. The PROFESSIONAL shall coordinate and attend meetings with the CITY, as required, to facilitate the management of the project design elements. Meetings will be held to discuss technical issues requiring action by the CITY and other third parties. Meetings will be held with the CITY on an as - needed basis. The PROFESSIONAL will prepare minutes of all such meetings and distribute them to all participants. This scope of work includes a maximum of six (6) project progress meetings. 3. The PROFESSIONAL shall also coordinate with the CITY's Right of Way (R/W) Acquisition team and will attend meetings and provide information as requested during the R/W acquisition phase. B. TOPOGRAPHIC SURVEY 1. Notice of Survey DLZ will compile a list of property owners residing along the survey route(s) and notify them by US Mail of the proposed survey and design. 2. Survey Control Horizontal Control — DLZ will establish necessary random horizontal control using Global Positioning Systems (GPS) or conventional optical traversing methods. Horizontal control values will be based "EXHIBIT • (6-FrZ, upon the Indiana State Plane Coordinate system, East Zone, North American Datum 1983. Vertical control - DLZ will establish vertical control based upon North American Vertical Datum 1988. DLZ will establish one vertical control base station by static GPS/OPUS methods while constraining to and checking into at least two nearby available NGS stations. Additional vertical control points (random control stations and temporary benchmarks) will be established by conventional differential leveling techniques. 3. Topography Topography will be electronically data collected and processed. The length of survey will extend 600 feet north and west, 200 feet east and 450 feet south of the centerline intersection of 106th Street and Hazel Dell Parkway. The survey limits are presented in Attachment A. Road Cross-sections will be taken at 50 -foot intervals and will extend no less than 75 feet either side of the centerlines of both 106th and Hazel Dell Parkway. Known underground utilities, which are marked in the field by the respective utility or by its representative or contractor, that fall within the survey limits, will be located. Above ground utilities and their appurtenances that fall within the survey limits will be located. Drainage/sewer structures found within the survey limits will be located and sized and connected to key offsite structures if they exist. Other topographic features that fall within the survey limits will be located and will include but will not be limited to: • Trees over 8 inches (Edge of tree -lines in heavily wooded areas) • Significant landscaping and fences • Driveways, walks and their surface types • Buildings and /or dwellings • Roadway surface types • Utility installations if at surface or otherwise marked Alignment Survey alignment for both 106th and Hazel Dell Parkway will be established from the existing pavement location in the absence of predefined alignments, which are recoverable, provided by the Carmel City Engineer or the Hamilton County Engineer or County Surveyor. Boundary and Right of Way Determination Fee parcel lines established this survey will be based upon record documents found in the Hamilton County Recorder's Office and/or other public sources, i.e., GIS. DLZ will establish granted Rights of Way if documented with the Hamilton County Surveyor's Office by official County Commissioner's record or other Hamilton County Officials' record with legal authority to establish Rights of Way, or from deeds or right of way grants provided to DLZ by the City Engineer. "EXH,BIT DLZ will make every effort to recover and/or re-establish needed section corners as defined in Title 865 I.A.C. 1-12 (Rule 12). DLZ believes it may be necessary to recover or re-establish as many as 12 section corners which control the location of the affected fee parcels. Many of these corners are located as far as one half mile from the site. 6. Location Control Route Survey Plats DLZ will prepare a Location Control Route Survey Plats for recordation in accordance with Title 865 I.A.C. 1-12 (Rule 12). The plats will provide the necessary alignment, section corner and other title information needed for the preparation of Right of Way Parcel Plats and Descriptions. The plats will display alignment monumentation and reference ties to those monuments as well as coordinate values for random control and alignment points. DLZ will record these plats in the Hamilton County Recorder's Office. The survey scope and fees stated herein are based upon the following assumptions. 1. DLZ shall have unrestricted access to the survey site and adjoining lands. 2. The limits of the survey shall be as described herein. 3. The Carmel City Engineer shall provide DLZ with plans and any right of way documents which might cover area of survey. C. ROUNDABOUT DESIGN AND PLANS The PROFESSIONAL will prepare a dual lane roundabout concept prior to starting the detailed design of the roundabout. The concept will be prepared utilizing the most recent traffic data collected by the PROFESSIONAL as a part of this scope of services. Morning (AM) and Evening (PM) peak hour intersection turning movement counts will be collected by the PROFESSIONAL for the subject intersection. A linear traffic growth rate of 1% and 2% per year (for sensitivity analysis) will be utilized and traffic projections for the 20 -year design horizon (year 2038) will be made accordingly. The PROFESSIONAL shall utilize RODEL roundabout capacity analysis software for evaluating the design year roundabout capacity and for determining the lane requirements. PROFESSIONAL will present the concept with the design year lane requirements to the CITY and upon approval will proceed with the detailed design. The Project's design vehicle will be WB -50 (WB -65 will also be evaluated for thru movements along Hazel Dell Parkway), assuming the truck will utilize both lanes to maneuver through the roundabout. The proposed roundabout will be designed with sidewalks and/or multi -use paths, as specified by the CITY. Crosswalks and ADA compliant ramps will be designed for each leg (at entry and exit locations). The design shall feature concrete curbs with an enclosed storm sewer network to provide drainage from the pavement areas. The PROFESSIONAL will analyze the existing contours and flow patterns to determine the appropriate outlets for the storm sewer system. The stormwater will discharge into the existing enclosed stormwater system along Hazel Dell Parkway, and into the Moffitt and Williamson Drain (regulated drain). It is assumed that in-line detention may be required. DLZ will coordinate with the Hamilton County Surveyor's office for detention requirements. C. DESIGN SUBMITTALS The PROFESSIONAL will submit the design plans to the CITY for review at the following stages: •F�cr#tBiT • 1. Conceptual Roundabout layout for approval. 2. Preliminary Plans Submittal (Approx. 60% plans). 3. Final Plans Plan Submittal (Approx. 95% plans). 4. Final Tracings Submittal. D. PAVEMENT DESIGN Pavement design will not be performed and the PROFESSIONAL shall utilize the CITY's standard pavement section for Primary Arterial, as depicted in the CITY's standard Drawings. As requested by the City, Geotechnical investigation is excluded from this scope of services. E. UTILITY COORDINATION The PROFESSIONAL shall perform the utility coordination as follows: 1. Distribute plans, after design approval, with tentative project schedule to utility company requesting submittal of relocation plans with estimated relocation schedule. 2. Arrange for and attend One (1) Utility coordination meeting at the CITY's office. 3. Coordinate with the utilities, as necessary, to obtain reimbursable utility agreements where applicable. 4. Process Work Plans and review relocation plans to verify that all conflicts are resolved. Written documentation is required for all utilities whether relocations are required or not. 5. Distribute written "notice to proceed" with approved utility relocation plans to the appropriate district office. 6. Prepare the Utility Coordination Certification. The Utility Coordination Certificate shall state the included relocation plans address the relocation of all facilities known to be in conflict with the project. F. ROUNDABOUT LIGHTING DESIGN The PROFESSIONAL will perform the lighting design calculations to cover the crosswalk areas. This task does not include any landscape lighting. The following constitutes the scope of lighting services: 1. Perform lighting design as per the CITY standards. The light fixture specification and types and to be provided by the CITY. 2. The PROFESSIONAL will develop a set of lighting plans for the Roundabout included in the Project. The lighting plans shall include lighting general notes, quantity sheets, plan sheets, details and circuit diagrams. 3. Coordinate with the electric company to determine proposed power service location(s). 4. CITY desires to utilize the standard light foundations, as specified in CITY's standard drawing. Foundation design or geotechnical investigation for the light pole foundations is not included in this scope. G. MAINTENANCE OF TRAFFIC (MOT) DESIGN The PROFESSIONAL shall prepare MOT design plans to maintain traffic during construction. In such case, two-way traffic may be maintained at all times during construction along Hazel Dell Parkway. East and/or West legs of the intersection may be closed during construction. The PROFESSIONAL will evaluate the "CXii;g7 ' q6 MOT feasibility and discuss the same with the CITY before finalizing the MOT design plans. H. EROSION CONTROL PLAN & RULE 5 PERMIT This Project is expected to disturb more than one (1) acre of land, therefore a Rule 5 Permit will be required. The PROFESSIONAL will follow the guidelines and processes of Stormwater Pollution Prevention Planning and Rule 5 (327 -IAC 15-5). The PROFESSIONAL is now required to analyze additional elements pertaining to storm water and impacts to Municipal Separate Storm Sewer Systems (MS4's). The PROFESSIONAL will analyze the pre -construction of stormwater pollution prevention for the project, and then assess both the construction component of stormwater pollution prevention and the post - construction component. The PROFESSIONAL will address the storm water pollution prevention process early in the design and incorporate Stormwater Quality Units, more commonly known as 'Best Management Practices' (BMP's), into our design. The goal is to make water quality planning a common and integrated part of this design and construction process, and not a result of a design. Therefore, the erosion control plans are initiated earlier in the design process and review meetings are scheduled throughout the design with the reviewing agency to discuss the projects particulars. I. PERMITS It is assumed that the following regulatory agency permits will be required for this project: 1. IDNR, Construction in a Floodway Permit 2. Regional General Permit (RGP) for IDEM (401) and ACOE (404) permits. 3. Hamilton County Surveyor's office, Legal Drain Outlet permit. The PROFESSIONAL shall prepare and submit the afore -mentioned permits to the respective agencies for review and approval. J. RED FLAG INVESTIGATION A Red Flag Investigation (RFI) will be performed within the study area (project area buffered by 0.25 -mile radius) to assess the project's potential for impacts upon infrastructure, ecological resources, social and cultural resources and hazardous materials. This information will be used as a first -step screening tool to identify fatal environmental flaws, or, to identify the need to adjust the project's design to eliminate the fatal flaws, if possible. Services to be provided include: Perform field reconnaissance to assess and evaluate existing conditions within the project area, and to collect information on infrastructure, ecological resources, social and cultural resources and hazardous materials. This task will include a visual determination of wetlands and waterways within the project area and a recommendation as to their jurisdictional status. 2. Collect available secondary source documentation pertaining to infrastructure, ecological resources, social and cultural resources and hazardous materials resources and issues within a 0.25 -mile radius of the project alternatives. Such documentation may include or pertain to resources and issues such as historic sites/districts and architecturally significant structures (National Register of Historic Places, SHAARD GIS database and county interim report), wetlands (National Wetland Inventory), waterways ,6'oF2 (rivers, streams, ditches and other bodies of water), land use, Section 6(f) resources, public water supplies (IDEM, IDNR, Division of Water) and hazardous materials sites (IDEM Virtual File Cabinet), among others. 3. Assess the potential impacts and permitting requirements. 4. Perform a fatal flaw evaluation for the project study area. K. WATERS OF THE US REPORT Waters of the US Determination Report services for surface waters and wetlands will be provided for the project involving roundabout construction at the intersection of 1065t Street and Hazel Dell Parkway in the City of Carmel, Hamilton County, Indiana. The Waters of the US Determination will be based on DLZ's best judgment and the guidelines set forth by the US Army Corps of Engineers for determining the jurisdictional status of surface waters and wetlands. If wetlands are identified, a routine wetland delineation will be performed. The final determination of jurisdictional waters is ultimately made by the US Army Corps of Engineers. The services to be provided for the Waters of the US Determination Report include: 1. Gather available secondary source data including, but not limited to, topographic and/or USGS quadrangle maps, National Wetland Inventory Maps, NRCS soil surveys, aerial photographs, and FEMA flood maps and various documents and maps that may be available from State, county or local public agencies. 2. Perform an on-site reconnaissance to collect supplemental information about the general characteristics of identified drainage features and wetlands including vegetation, soils and site hydrology. Review the collected data and determine whether the vegetation, soils and hydrology characteristics indicate the presence of jurisdictional wetland(s). 3. Conduct field flagging of the ordinary high water mark (OHWM) of any potentially jurisdictional ditch/surface waters for survey pick-up during the topographical survey. 4. Prepare a brief report of the Waters of the US Determination findings including a location map and study boundary shown on a site drawing or aerial photograph. S. Complete a Preliminary Jurisdictional Determination Form covering the project for inclusion in the report. L. ROUTINE WETLAND DELINEATION (IF WETLANDS ARE IDENTIFIED) All routine wetland delineation services shall be performed in accordance with the Corps of Engineers 1987 Wetland Delineation Manual (Department of the Army Technical Report Y-87-1). The results of the wetland delineation will be incorporated into the Waters of the US Determination Report described above. The services to be provided for the Routine Wetland Delineation include: 1. Establish observation points for each representative aquatic and upland community by either the site traverse or transect techniques and collect vegetation, hydrology and soil data from each observation point for use in determining jurisdictional wetland locations and for delineating the wetland/upland boundaries. Paired data sheets will be prepared for each wetland identified describing typical wetland and upland conditions. Delineate wetland/upland boundaries and mark boundaries in the field by survey flagging tapes. DLZ will notify the Client when completed and will not be responsible for maintenance of the temporary A �Oo Q flagging. 3. Survey the delineated wetland/upland boundary and observation points using Differential Global Positioning System (DGPS) technology. If the tree canopy is too dense to perform DGPS then the observation points will be obtained using conventional ground-based survey as an Additional Service. 4. Incorporate the delineation results and findings into the Waters of the US Determination Report, including a wetland delineation drawing/map showing the surveyed boundary. An appendix containing data sheets and photographs of the wetland areas will also be included. 5. Review the findings with the Client. 6. Conduct on-site delineation verification meeting with the US Army Corps of Engineers if needed. M. RIGHT OF WAY ENGINEERING AND SERVICES The following Right -of -Way Engineering services will be provided to secure the permanent and temporary right-of-way needed for this Project. A parcel take will be defined as any temporary or permanent right- of-way being acquired from a single existing property. This means a single existing property could have several parcel takes based on its configuration. The PROFESSIONAL shall: 1. Determine the owners of properties located adjacent to and in the immediate area of the project alignment, along with the record deed description of those properties (Preliminary Abstracting). Preliminary Abstracting will include a title search, including a search for all mortgages, easements, liens, contract sales, judgments, other encumbrances and the current legal owner. 2. Provide descriptions for all parcel takings. The descriptions will be prepared and certified by an Indiana registered land surveyor. 3. Provide a plat reflecting take(s) for each affected property, for permanent takings. Each plat will include the following: a. Total area before taking. b. Existing Right -of -Way. c. Area(s) of taking. d. Area(s) of residue. e. Existing Right -of -Way to be reacquired. f. Sketch of the parcel take(s), drawn to scale, with the above data indicted thereon. 5. Provide a field stake -out marking the new Right -of -Way line for the various takings. The stake -out will be made using wooden hubs located at appropriate property lines and at other changes in bearing. It is assumed that the Right -of -Way staking will be required twice, once for the utility relocations and once for the Right -of -Way appraisers. The PROFESSIONAL shall be available for assistance in interpretation of the Right -of -Way documents. N. BIDDING PHASE SERVICES The PROFESSIONAL shall attend a pre-bid meeting at the CITY's office. The PROFESSIONAL will assemble the Bid Package including all specification, quantities and pay items for the Bid Documents. The CITY shall provide all upfront specification to be included in the Bid Document. If required, the PROFESSIONAL shall attend a Pre -Bid meeting and will also prepare One (1) Addenda and distribute to the known potential bidders. The PROFESSIONAL will also upload the final Construction Documents to Reprographix prior to the letting, and as directed by the CITY. O. PRE -CONSTRUCTION MEETING Following the award of the project by the CITY, the PROFESSIONAL shall attend a Pre -Construction Meeting, as arranged by the CITY or the Resident Project Engineer. P. CONSTRUCTION PHASE SERVICES The PROFESSIONAL will meet at the project site with the CITY or Resident Project Engineer, as required and as directed by the CITY, to assist in matters that may arise during the construction of the project for the duration of construction. The PROFESSIONAL will make his services available to the CITY during the construction of the work for the interpretation of the plans where disagreement may arise, utility coordination during construction and for consultation during construction in the event unforeseen or unusual conditions arise. Additionally, the PROFESSIONAL shall review or take other appropriate action upon the Contractor's submittals such as Working (shop) Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The PROFESSIONAL's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the CITY, Contractor or separate contractors, while allowing sufficient time in the PROFESSIONAL's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract. The PROFESSIONAL's review shall not constitute approval of safety precautions or, of any construction means, methods, techniques, sequences or procedures. The PROFESSIONAL's approval of a specific item shall not indicate approval of an assembly of which the item is a component. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the PROFESSIONAL shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the PROFESSIONAL. The PROFESSIONAL shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. The construction phase services stated above shall be compensated at an hourly rate schedule in accordance with the rates presented in Attachment B. Q. ADDITIONAL SERVICES OF THE PROFESSIONAL 'DCHIBIT _ F If authorized in writing by the CITY through an executed supplemental agreement, PROFESSIONAL shall furnish, or obtain from others, Additional Services of the types listed in the following paragraphs. These Additional Services will be paid for by the CITY for a mutually agreed additional fee at a later date, as requested by the CITY or as necessitated by the project. The additional services that may be performed are included, but not limited to, the following: 1. Landscaping and Irrigation design. 2. Drainage detention basin and/or expansion of existing detention basins or off-site drainage design. 3. As -built drawings. 4. Geotechnical Investigation and Pavement Design. 5. Roundabout Metering and Microsimulation analyses. 6. Any utility relocation design (including water and sanitary) and subsurface utility engineering. 7. Attendance or preparation for any public meeting or presentations. 8. Any bridge and retaining wall design. 9. Roundabout renderings. 10. Lighting design calculations and illumination level calculations. 11. Report for the Red Flag Investigation and any Environmental Studies. 12. Preapplication permit scoping with the Corps of Engineers. 13. Wetland Permitting and Wetland Mitigation Design Plans. 14. Annual mitigation monitoring, if required as a permit condition. 15. Floristic Quality Assessment, Threatened and Endangered Species Surveys. 16. Any Section 106 (Historic Property) Consultation or Investigations that may be requested by the Corps of Engineers during the permit process. 17. QHEI or HHEI stream assessments 18. All activities and items associated with Right -of -Way Acquisition including but not limited to, appraising, review appraising, right-of-way acquisition coordination and management services. 19. Construction Inspection and/or observation. R. INFORMATION AND SERVICES TO BE FURNISHED BY THE CITY The CITY shall furnish the PROFESSIONAL with the following: 1. Additional criteria for design and details for signs, roundabout, highway and structures such as grades, curves, sight distances, clearance, design loading, etc. 2. CITY specifications and standard drawings applicable to the project. 3. The light fixture type and standards to be used for lighting design. 4. City's utility line depths (water and Sanitary), as requested by the PROFESSIONAL to aid in performing the services stated in this scope of services. 5. Guarantee access to enter upon public and private lands as required for the PROFESSIONAL to perform work under this scope of services. 6. Right of Way Acquisition services. 7. CITY's upfront specifications for the contact document/bid book. S. FEE FOR SERVICES In consideration for the above, the PROFESSIONAL will be compensated a Not to Exceed total fee of $328,200.00, including expenses. Lump Sum fees will be billed monthly based on an approximate percentage of the work completed. A breakdown of fee is presented as follows: 'EXFvBIT __.A fwa TASK DESCRIPTION FEE Intersection Counts $1,700 Topographic Survey $23,200 LCRSP $8,400 Roundabout Design $175,000 Permits — IDEM, ACOE, IDNR and Legal Drain Outlet $12,000 Utility Coordination $15,000 Signing & Pavement Marking Design $6,000 Erosion Control & Rule 5 Permit $6,500 Lighting Design $8,500 Maintenance of Traffic Design $15,000 Red Flag Investigation $6,500 Waters of the US Report $7,700 Wetland Delineation (If Required) $3,400 Bid Phase, including Pre -Bid Meeting and one Addenda $5,000 Pre -Construction Meeting $1,500 Coordination with R/W Acquisition Team (If Required) $5,000 SUBTOTAL - LUMP SUM FEE $300,400 RIGHT OF WAY ENGINEERING (Up to Max. of 4 parcels) ME Reports: (3 Commercial - $650/parcel; 1 Special/Exempt - $850/parcel) $2,800 R/W Engineering: Permanent Parcels include Plats, Description and R/W Calculations; $2,700/parcel $10,800 R/W Staking - $525/parcel (Two-time Staking) — 4 parcels $4,200 SUBTOTAL - R/W Engineering $17,800 Construction Phase Office Services (Hourly, as needed) * 1 $10,000 TOTAL FEE (NOT TO EXCEED) 1 $328,200 * For these services, the PROFESSIONAL shall be compensated based on Hourly Rate and/or unit rates for the services performed in accordance with the rates presented in Attachment B. _ 'EXHBIT 10 C '(j SURVEY LIMITS DLZ INDIANA, LLC - FEE STRUCTURE ENGINEERING/ARCHITECTURAL 2017-2018 Activity Code Employee Classification 2017 Hourly Rate 2018 Hourly Rate 1 Principal $220.00 $220.00 49/49D Division Manager/Director $205.00 $210.00 50 Department Manager $185.00 $190.00 55/4 Registered Land Surveyor/Survey Coordinator $135.00 $140.00 80/217 Senior Project Manager/ Project Manager II $185.00 $190.00 21/216 Project Manager 1 $170.00 $175.00 341/340/556/557 Electrical/Mechanical/Structural Engineer VI $170.00 $175.00 555/565/214 Engineer V/Architect V/Landscape Arch. V/Planner V/Scientist V/Geologist V/ Surveyor V $165.00 $170.00 554/564 Engineer IV/Architect IV/Landscape Architect IV/Planner IV/Scientist IV/Geologist IV $160.00 $165.00 53/58 Engineer III/Architect III/Landscape Architect III/Planner III/Scientist III/Geologist III $140.00 $145.00 52/57 Engineer II/Architect II/Landscape Architect II/Planner II/Scientist II/Geologist 11 $130.00 $135.00 51/56 Engineer I/Architect I/Landscape Architect I/Planner I/Scientist I/Geologist 1 $105.00 $110.00 28 Designer 1 $95.00 $100.00 472 Designer II $110.00 $115.00 473 Designer III $125.00 $130.00 29 Technician $75.00 $80.00 147 Construction Observer Manager/Administrator $125.00 $130.00 152 Construction Observer $100.00 $105.00 43 Clerical $65.00 $70.00 430 Office Services Coordinator $75.00 $80.00 6 Intern $50.00 $55.00 Reimbursable Expenses Crew Classification 2017 Hourly Rate 2018 Hourly Rate 142/99 142/99 2 - person Topographic Survey Crew (straight time) 2 - person Topographic Survey Crew (over time) $200.00 $265.00 $210.00 $280.00 63 1 -person Field Crew $120.00 $125.00 63 1- person Field Crew (over time) $160.00 $165.00 GPS 1- person GPS/RTK Field Crew $160.00 $165.00 SCAN HDS Laser Scanning Crew $260.00 $265.00 13/94 Field Survey Technician / Survey -Mapping Assistant $85.00 $90.00 Reimbursable Expenses Rate Mileage $0.535/mile Travel Expenses @ Cost Living Expenses @ Cost Reproduction Cost plus 20% Subconsultants Cost plus 20% Equipment Rental Cost plus 20% Rates are subject to revision on January 1 of each year. Cost of living/inflation increases of 3 to 7% per annum can be anticipated. _ n 12aF12 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 "portal 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 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 C 11 111 �. 11 111 $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 i, 11 111 1 111 EXHIBIT D AFFIDAVIT Gary K. Fisk, PE , being first duly sworn, deposes and says that lie/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: 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 DLZ Indiana, LLC (the "Employer") in the position of Vice President 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. 5. The Company docs not knowingly employ any unauthorized aliens. FURTHER AFFIANT SAYETH NOT. EXECUTED on the 23y� _clay of LkAl CmC7 20 f Printed: 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: Gary x. INDIANA RETAIL TAX EXEMPT City ®f Carmel CERTIFICATE NO. 003120155 002 0 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 Page 1 of 1 PURCHASE ORDER NUMBER 101302 THIS NUMBER MUST APPEAR ON INVOICES, AIP VOUCHER DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 1/18/2018 061515 Project 18 -ENG -02; Contract Date 02.07.18 DLZ INDIANA, LLC. City Engineering's Office VENDOR 157 EAST MARYLAND ST SHIP 1 Civic Square TO Carmel, IN 46032 - INDIANAPOLIS, IN 46204 - Kate Lustig PURCHASE ID BLANKET CONTRACTPAYMENTTERMS FREIGHT 22731 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 2200 Fund. 0 2017 LOIT Bond Fund Account: 94-650.04 1 Each 106th Street and Hazel Dell Parkway Roundabout Design $328,200.00 $328,200.00 Sub Total $328,200.00 Send Invoice To: Jill Newport CrossRoad Engineers, P.C. 3417 Sherman Drive Beech Grove, IN 46107 G.O./Storm DEPARTMENT PLEASE INVOICE IN DUPLICATE ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT PAYMENT $328,200.00 SHIPPING INSTRUCTIONS-AIPVOUCHERCANNOTBEAPPROVEDFORPAYMENTUNLESSTHEPO. NUMBER ISMADEA PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN 'SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBUGATED 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 James Crider TITLE Director Administration CONTROL No. 101302 CLERK -TREASURER