The Etica Group/Eng/Adl Serv #3/4,500/109th Street and Range Line Road Culvert Replacement – Supplemental Environmental ServicesThe Etica Group, Inc.
Engineering Department - 2018
Appropriation # 2016 Storm Water Bond Fund; P.O. #100599 jZ'O4�6�
Contract Not To Exceed $4,500.00
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ADDITIONAL SERVICES AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement') entered into
by and between the City of Carmel and The Etica Group, Inc. (the `Professional'), as City Contract dated June 1,
2016 shall amend the terms of the Agreement by adding the additional services to be provided by Professional
consistent with the Scope of Work attached hereto and incorporated herein as Exhibit "A". The terms and conditions
of the Agreement shall not otherwise be affected by this Additional Services Amendment and shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment as follows:
CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
By:
of roc 1� f
James Brainard, Presiding Officer
Mary AA Burke, Meru
Date:
Lori S.(Wats , Membpr
Date:
Christine Paule Clerk -Treasurer
Date: 'Ikl
— Nltl
(S:Kbon.uT,.f S— & G..h SvcslEngin .g\2018\Thc E.i Q.p.1— ASA OA—M12018 9.52 ANN
The Etica Group, Inc.
By:
Aut rized Signature
Jessica Nickloy
Printed Name
President/CEO
Title
FID/TIN: 03-0557006
Last Four of SSN if Sole Proprietor:
Date: 8/8/18
CONTRACT AMENDMENT NO. 1
FOR
CONSULTANT SERVICES
THIS CONTRACT AMENDMENT, made and entered into this day of
'2018, by and between City of Carmel (hereinafter referred to as the
W
"ONER"), and The Etica Group, Inc. 7172 N. Keystone Ave, Suite G Indianapolis, IN 46240
(hereinafter referred to as the "CONSULTANT').
WITNESSETH
WHEREAS, the OWNER and the CONSULTANT did, July:26'201°7, enter into a contract for
design services for the culvert replacement at 109'' Street and Rangeline Road, and
WHEREAS, the City of Carmel desires the CONSULTANT to amend the contract for the
following supplemental Environmental Services, and as per "Attachment A
WHEREAS, in order to provide for the completion of these supplemental services, it is necessary
to amend and the original contract by the not to exceed amount of $4,500 (FOUR THOUSAND
FIVE HUNDRED DOLLARS) as per "Attachment C".
The CONSULTANT shall provide the OWNER with the following professional services (the
"Work"):
The CONSULTANT shall perform the Work as set forth in "Attachment A", which is
incorporated hereunto and made a part of this Agreement.
SECTION H. SCHEDULE
The CONSULTANT shall begin the Work to be performed under this Agreement upon receipt of
written Notice -to -Proceed from the OWNER, and shall deliver the Work to the OWNER in
accordance with the schedule contained in "Attachment B", which is incorporated hereunto and
made a part of this Agreement. The CONSULTANT shall not begin Work prior to the date of the
notice to proceed.
SECTION III. COMPENSATION
The CONSULTANT shall receive payment for the Work performed under this Agreement as set
forth in "Attachment C", which is incorporated hereunto and made a part of this Agreement. The
CONSULTANT agrees to submit billings for Work completed with reasonable expediency. Upon
the OWNER's receipt of payment from the OWNER, covering Work which has been performed
by the CONSULTANT, the OWNER will make prompt payment for such Work to the
CONSULTANT (typically within thirty (30) days of receipt of the invoice). If in the event the
A -'--
Exhibit __=
l oF�IK
project is stopped or cancelled after written or verbal Notice to Proceed, the OWNER also agrees
to pay the CONSULTANT for Work complete to date.
SECTION IV. GENERAL PROVISIONS
The Standard Terms and Conditions, as set forth in "Attachment D", are incorporated
hereunto and made a part of this Agreement.
IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement, the day and year
first above mentioned.
(OWNER)
Signature
Name
Title
Date
The Etica Group, Inc.
(CONSULTANT)
Name
President
Title
-z (W11%
Date
Exhibit A
2,,,-f?'
Attachment A
SCOPE OF WORK
A. PROJECT DESCRIPTION
a. Project description as per original Contract effective July 26 2017.
B. SCOPE OF WORK
a. Scope in accordance with the attached Christopher B. Burke Engineering,
LLC. (CBBEL) proposal to Etica Group.
b. Scope includes the following task:
L Task I -- Section 401 and 404 Permit Applications
C. DELIVERABLE
a. Deliverables shall be in accordance with the attached CBBEL Proposal.
Exhibit A
3 0��
Attachment B
SCHEDULE
A. SCHEDULE
The CONSULTANT shall meet the following schedule for their portion of the Work
unless the OWNER does not provide information. The CONSULTANT is required to
complete their work in a timely fashion
No work under this CONTRACT AMENDMENT shall be performed by the
CONSULTANT until the CONSULTANT receives written notice to proceed from the
LPA
All work by the CONSULTANT under this CONTRACT AMENDMENT shall be
completed and delivered to the LPA for review and approval within the approximate time
periods shown in the following submission schedule:
(To Be Determined)
Exhibit
4ofb'
Attachment C
COMPENSATION
A. AMOUNT OF PAYMENT
The OWNER agrees to pay the CONSULTANT an amount not to exceed $4,500.00
based on the included hourly billing rates for the following Work:
CBBEL — Task 1 — Section 401 and 404 Permit Applications
B. ADDITIONAL SERVICES
Additional Services would be services required other than those listed above or described
in the CONSULTANT's man hour justification. The OWNER agrees to compensate the
CONSULTANT for Additional Services on the basis of actual hours of Work performed
on the project at the attached hourly billing rates.
C. METHOD OF PAYMENT
Payment shall be made by the OWNER to the CONSULTANT each month as the Work
progresses,
D. INVOICING
The CONSULTANT shall prepare and submit invoices to the OWNER on a monthly
basis.
Exhibit /1
_!
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Christopher B. Burke Engineering, LLC
Standard Charges for Professional Services, January 2018
Personnel Hr
EngineerVI....................................................................................................................................................................
216
EngineerV..............................................................................................:......................................................................197
EngineerIV....................................................................................................................................................................172
EngineerIII...................................................................................................................................................................144
EngineerI/II.................................................................................................................................................................113
ResourcePlanner V......................................................................................................................................................160
ResourcePlanner IV.....................................................................................................................................................150
ResourcePlanner III...................................................................................................................................................130
ResourcePlanner I/II..................................................................................................................................................105
EngineeringTechnician IV.........................................................................................................................................155
EngineeringTechnician III.........................................................................................................................................139
EngineeringTechnician I/II.......................................................................................................................................105
CADII............................................................................................................................................................................130
CADI.............................................................................................................................................................................107
GISSpecialist III...........................................................................................................................................................139
GISSpecialist I/II........................................................................................................................................................100
Environmental Resource Specialist V.......................................................................................................................151
Environmental Resource Specialist IV......................................................................................................................139
Environmental Resource Specialist III......................................................................................................................125
Environmental Resource Specialist I/II...................................................................................................................105
EnvironmentalResource Technician........................................................................................................................... 99
Administrative................................................................................................................................................................. 75
EngineeringIntern .......................................................................................................................................................... 60
InformationTechnician I/II......................................................................................................................................... 75
Direct Costs
Outside Copies, Blueprints, Messenger, Delivery Services, Mileage ..................................................... Cost + 12%
*Charger inelude overhead and profit
Christopher B. Burke Engineering, LLC reserves the right to incrrase these rates and costs by S% if the contract is executed after
December 31, 2018.
Exhibit
6�
City of Carmel Culvert Replacement — Section 401 and 404 Permit Applications July 12, 2018
19.R180347.00000
Attachment D
STANDARD TERMS AND CONDITIONS
Work performed shall be subject to the Standard Terms and Conditions stated below:
1. SUBCONSULTANT'S DUTIES. The CONSULTANT shall ascertain the specific requirements of the Work and
confirm such requirements with OWNER The CONSULTANT shall attend necessary meetings, prepare
necessary analyses, drawings and other documents, consult with public agencies and other organizations, be
available for general consultation and make recommendations regarding the Project. The CONSULTANT shall
recommend to the OWNER appropriate investigations, surveys, tests, analyses and reports for proper execution
of the Work. The CONSULTANT is responsible for the methods and means used in performing the Work.
2. STANDARD OF CARE. The standard of care for all Work performed or furnished by CONSULTANT under
this AGREEMENT will be the care and skill ordinarily used by members of CONSULTANT's profession
practicing under similar circumstances at the same time and in the same locality. The Work shall be performed
in accordance with all local, state and federal agency requirements applicable to the Work and Project and the
CONSULTANT shall endorse all plans, specifications, estimates and engineering data furnished by them.
3. CHANGE OF SCOPE. The Work set forth in this AGREEMENT are based on the information known by
CONSULTANT as of the date of execution of this AGREEMENT.
Only the Scope of Work expressly specified in this AGREEMENT will be furnished by CONSULTANT. Any
further or other Work shall constitute Additional Services and will only be provided by CONSULTANT upon a
written authorization by OWNER to proceed with the Additional Services based upon CONSULTANT's written
proposal. The written authorization to proceed and Additional Services shall become an amendment to this
AGREEMENT. No Additional Services made necessary by any fault or negligence of the CONSULTANT shall
be compensated.
4. USE OF DOCUMENTS. All documents, memoranda, instruments, and information relating to the Work to be
furnished and performed pursuant to this AGREEMENT shall become and be the sole property of the OWNER,
and OWNER shall retain an ownership and property interest therein. During the performance of the Work herein
provided for, the CONSULTANT shall be responsible for any loss or damage to the documents herein enumerated
while they are in its possession, and any such documents shall be restored at its expense.
Information relating to the Project, unless in the public domain, shall be kept confidential by CONSULTANT
and shall not be made available to third parties without written consent of OWNER
5. DELAYS. If the proj ect is delayed or disrupted by the CONSULTANT so as to cause any cost, liability or damage
to OWNER, or any cost, liability or damage for which OWNER may become liable, the CONSULTANT shall
compensate OWNER for, and indemnify it against, all such costs, liabilities and damages including reasonable
attorneys' fees. Whether or not any delay or disruption shall be a basis for an extension of the Completion Date,
the CONSULTANT specifically agrees it shall have no claim against OWNER for additional compensation or
reimbursement of any kind.
6.
TERMINATION. Either party may terminate this AGREEMENT upon 30 days written notice to the other party
in the event of substantial failure by the other party to perform in accordance with its obligations under this
AGREEMENT through no fault of the terminating party. Unless termination is the fault of the CONSULTANT,
OWNER shall pay CONSULTANT for all authorized and acceptable Work as determined by OWNER rendered
prior to termination including profit and expenses relating thereto.
exhibit
7c-'"
OWNER, for purposes of convenience, may at any time by written notice terminate the Work under this
AGREEMENT. In the event of such termination, OWNER shall pay CONSULTANT for all authorized and
acceptable Work as determined by OWNER rendered prior to termination including profit and expenses relating
thereto.
OWNER shall not be responsible for any other damages, cost or expense. The CONSULTANT waives
consequential and incidental damages for claims or disputes arising out of or relating to this AGREEMENT or
termination thereof.
7. INSURANCE. At a minimum, CONSULTANT will provide and maintain the following insurance with limits as
described below: worker's compensation coverage in an amount required by the State in which the Work are
performed and Employer's Liability Insurance with a limit of $500,000 per occurrence; Commercial General
Liability coverage with a combined single limit of $1,000,000 per occurrence and a $2,000,000 aggregate;
Commercial Automobile Liability coverage with a combined single limit of $1,000,000 per occurrence; and an
Excess Liability Policy, Umbrella form with a limit of $2,000,000 per occurrence and a $2,000,000 aggregate.
CONSULTANT shall procure and maintain Professional Liability Insurance coverage with a limit of $2,000,000
per claim and a $2,000,000 aggregate. Said policy shall cover any negligent act, error or omission in connection
with rendering or failing to render the Work in connection with this AGREEMENT.
Such insurance shall be maintained in full force and effect during the life of the AGREEMENT and until the
expiration of the applicable statute of limitations and shall protect OWNER and the CONSULTANT, their
employees, agents, and representatives from claims for damages because ofbodily injury including but not limited
to personal injury, sickness, or death of any and all employees or of any person other than such employees and
from claims for damages because of injury to or destruction of property including but not limited to loss of use
resulting therefrom. A current certificate of insurance verifying such coverage and containing a thirty (30) day
cancellation notification provision shall be provided to the OWNER prior to initiation ofthe Work. The OWNER
shall be named as an additional insured on the Commercial General Liability, Commercial Automobile Liability
and Excess Liability policies.
8. WAIVER OF SUBROGATION. CONSULTANT waives all rights against OWNER and its agents, officers,
directors and employees for recovery of damages to the extent these damages are covered by Commercial General
Liability, Commercial Automobile Liability or Excess Liability policies as defined in paragraph 7.
9. INDEMNITY. CONSULTANT agrees to indemnify and hold OWNER harmless, and their respective officers,
employees, agents, and representatives, from and against liability for all claims, losses, damages, and expenses,
to the extent such claims, losses, damages, or expenses are caused by the CONSULTANT's negligent acts, errors,
or omissions.
10. MISCELLANEOUS. The parties acknowledge this AGREEMENT constitutes the entire and integrated
AGREEMENT between them. This AGREEMENT, upon execution by both parties hereto, can be modified only
by a written Instrument signed by both parties. The rights and obligations of this AGREEMENT cannot be
assigned by either party without the written permission of the other party. This AGREEMENT shall be binding
upon and insure to the benefit of any permitted assigns. No waiver by either party of any default by the other
party in the performance of any particular section of this AGREEMENT shall invalidate another section of this
AGREEMENT or operate as a waiver of any future default, whether like or different in character.
CONSULTANT and OWNER agree that the laws of the state where the Project is located shall govern this
AGREEMENT and any dispute involving this AGREEMENT.
11. PAYMENT. CONSULTANT acknowledges that it has considered the OWNER's solvency and ability to perform
the terms of its contract before entering into this AGREEMENT, and CONSULTANT relies on die credit and
ability of the OWNER to pay for the Work.
Exhibit
YesFo
of
CareI
INDIANA RETAIL TAX EXEMPT
Cm}Ji�l y 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
PURCHASE ORDER DATE I DATE REQUIRED I REQUISITION NO.
7/20/2017
THE ETICA GROUP, INC.
VENDOR 7172 N. KEYSTONE AVE.
SUITE G
INDIANAPOLIS, IN 46240
PURCHASEID BLANKET CONTRACT
17380
QUANTITY UNIT OF MEASURE
Department: 2200 Fund: 0
Account: 94-650.04
VENDOR NO.
371824
PAYMENT TERMS
DESCRIPTION
2016 Storm Water Bond
-zl- , -1
PURCHASE ORDER NUMBER
100599
THIS NUMBER MUST APPEAR ON INVOICES, AIP
VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
DESCRIPTION
Project 17 -SW -15; Contract Date 06.01.16
City Engineering's Office
SHIP 1 Civic Square
TO Carmel, IN 46032 -
Kate Lustig
1 Each ASA 5 - 109th Street and Range Line Road Culver
Replacement - Design
FREIGHT
UNIT PRICE EXTENSION
$141,100.00 $141,100.00
Sub Total $141,100.00
ASA 3
lO,CleacA P C)• `I,SOO
00
�1 oTPtL �b 1�}3, (e 00
aqui*.
VIII ��I
s.
Send Invoice To:
Jill Newport
CrossRoad Engineers, P.C.
3417 Sherman Drive
Beech Grove, IN 46107
Email: jnewport@crossroadengineers.com
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
PAYMENT $141,100.00
SHIPPING INSTRUCTIONS A/PVOUCHER CANNOT BEAPPROVED FOR PAYMENT UNLESS THE P.O. NUMBER ISMADE A
PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN
'SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
'C.O.D. SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
`PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL
'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY - - -- - - - --- - - ` -
Jeremy Kashman Douglas Haney
TITLE Director Corporation Counsel
CONTROL NO. 100599 CLERK -TREASURER