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CHA Consulting/Eng/115,100/Gray Road Trail – 106th Street to 116th Street - Design CHA Consulting,Inc. Enginnering Department- 2019 Appropriation#2017 LOIT Bond Fund; P.O.# 102670 Contract Not To Exceed$115,100.00 QRo�is ,1 AGREEMENT FOR PROFESSIONAL SERVICES `` 40 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 CHA Consulting, Inc., (hereinafter "Professional"). RECITALS WHEREAS City owns and is responsible for the operation and maintenance of its property, personnel, public works and infrastructure; and WHEREAS, from time to time, City needs professional assistance in fulfilling its foregoing responsibilities; and 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. [SACootracls\Prof.Svcs&Goods SvcsEugiueering\20191CHA Consulting,Inc.Professional Servi«s.doc:2222019 11.10 AM] 1 CHA Consulting,Inc. Enginnering Department- 2019 Appropriation#2017 LOIT Bond Fund; P.O.# 102670 Contract Not To Exceed$1 15,100.00 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 2017 LOIT 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 Fifteen Thousand One Hundred Dollars ($115,100.00) (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. [SAContrscts\Pro(.Svcs&Goods SvcstEnglncermg\20191C11A Consulting,Inc.Pro(essioosl Savices.doc:2222019 11:10 AM] 2 CHA Consulting,Inc. Enginnering Department-2019 Appropriation#2017 LOIT Bond Fund; P.O.# 102670 Contract Not To Exceed$115,100.00 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, 2019, 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. [S:\Conhacts\Prof.Svu&Goods Svcs\Engineering\2019\CHA Consuhing,Inc.Professional Services.doc:2222019 11.10 AM[ 3 CHA Consulting,Inc. Enginnering Department- 2019 Appropriation#2017 LOIT Bond Fund; P.O.# 102670 Contract Not To Exceed$115,100.00 7.5 Insurance Professional shall procure and maintain with an insurer licensed to do business in the State of Indiana such insurance as is necessary for the protection of City and Professional from all claims under workers' compensation, occupational disease and/or unemployment compensation acts, because of errors and omissions, because of bodily injury, including, but not limited to, the personal injury, sickness, disease, or death of any of Professional's employees, agents or contractors and/or because of any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth on attached Exhibit C. Such insurance policies shall not be canceled without thirty(30) days' prior written notice to City. 7.6 Liens Professional shall not cause or permit the filing of any lien on any of City's property. In the event such a lien is filed and Professional fails to remove it within ten (10) days after the date of filing, City shall have the right to pay or bond over such lien at Professional's sole cost and expense. 7.7 Default In the event Professional: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Professional's warranties; (b) fails to perform the Services as specified; (c) fails to make progress so as to endanger timely and proper completion of the Services and does not correct such failure or breach within five (5) business days after receipt of notice from City specifying same; or (d) becomes insolvent, files, or has filed against it, a petition for receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to terminate all or any part of this Agreement, without liability to Professional and to exercise any other rights or remedies available to it at law or in equity. 7.8 Government Compliance Professional agrees to comply with all laws, executive orders, rules and regulations applicable to Professional's performance of its obligations under this Agreement, all relevant provisions of which being hereby incorporated herein by this reference, to keep all of Professionals' required professional licenses and certifications valid and current, and to indemnify and hold harmless City from any and all losses, damages, costs, liabilities, damages, costs and attorney fees resulting from any failure by Professional to do so. This indemnification obligation shall survive the termination of this Agreement. 7.9 Indemnification Professional shall indemnify and hold harmless City and its officers, officials, employees and agents from all losses, liabilities, claims, judgments and liens, including, but not limited to, all damages, costs, expenses and attorney fees arising out of any intentional misconduct or negligent 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. EX:\Conascts\Prof.Sva&Goods Svcs\Eugineaiug\2019\CHA Consulting,Inc.Professional Savi«s.doc2R6R019 8:42 AMI 4 CHA Consulting, Inc. Enginnering Department- 2019 Appropriation#2017 LOIT Bond Fund; P.O.# 102670 Contract Not To Exceed$115,100.00 7.10 Discrimination Prohibition Professional represents and warrants that it and each of its employees, agents and contractors shall comply with all existing and future laws prohibiting discrimination against any employee, applicant for employment and/or other person in the subcontracting of work and/or in the performance of any Services contemplated by this Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, subcontracting or work performance hereunder because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. This indemnification obligation shall survive the termination of this Agreement. 7.11 E-Verify Pursuant to I.C. § 22-5-1.7 et seq., Professional shall enroll in and verify the work eligibility status of all of its newly-hired employees using the E-Verify program, if it has not already done so as of the date of this Agreement. Professional is further required to execute the attached Affidavit, herein referred to as Exhibit D, which is an Affidavit affirming that: (i) Professional is enrolled and is participating in the E-verify program, and (ii) Professional does not knowingly employ any unauthorized aliens. This Addendum incorporates by reference, and in its entirety, attached Exhibit D. In support of the Affidavit, Professional shall provide the City with documentation that it has enrolled and is participating in the E-Verify program. This Agreement shall not take effect until said Affidavit is signed by Professional and delivered to the City's authorized representative. Should Professional subcontract for the performance of any work under this Addendum, the Professional shall require any subcontractor(s) to certify by affidavit that: (i) the subcontractor does not knowingly employ or contract with any unauthorized aliens, and (ii) the subcontractor has enrolled and is participating in the E-verify program. Professional shall maintain a copy of such certification for the duration of the term of any subcontract. Professional shall also deliver a copy of the certification to the City within seven (7) days of the effective date of the subcontract. If Professional, or any subcontractor of Professional, knowingly employs or contracts with any unauthorized aliens, or retains an employee or contract with a person that the Professional or subcontractor subsequently learns is an unauthorized alien, Professional shall terminate the employment of or contract with the unauthorized alien within thirty (30) days ("Cure Period"). Should the Professional or any subcontractor of Professional fail to cure within the Cure Period, the City has the right to terminate this Agreement without consequence. The E-Verify requirements of this Agreement will not apply, should the E-Verify program cease to exist. 7.12 Severability If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be stricken, and all other provisions of this Agreement that can operate independently of same shall continue in full force and effect. IS:Contracts\Prof.Svcs&Goods Svcs\Eugineenug\2019`,CHA Coosultiag,Inc.Professional Services.doc:2222019 11:10 AMI 5 CHA Consulting,Inc. Enginnering Department-2019 Appropriation#2017 LOIT Bond Fund; P.O.# 102670 Contract Not To Exceed$115,100.00 7.13 Notice Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this Agreement shall be written and either hand-delivered or sent by prepaid U.S. certified mail, return receipt requested, addressed to the parties as follows: CITY: City of Carmel Douglas C. Haney Department of Engineering Corporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 PROFESSIONAL: CHA Consulting, Inc. 300 South Meridian St Indianapolis, IN 46225 ATTENTION: Thomas P. Karis, SVP 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. ISAContracts\ProfSva&Goods SvcsEuginwing\2019\CEA Consulting,Inc.Professional Services.doc:2222019 I1:10 AM] 6 CHA Consulting,Inc. Enginnering Department- 2019 Appropriation#2017 LOIT Bond Fund; P.O.# 102670 Contract Not To Exceed$115,100.00 7.18 Entire Agreement This Agreement contains the entire agreement of and between the parties hereto with respect to the subject matter hereof, and no prior agreement, understanding or representation pertaining to such subject matter, written or oral, shall be effective for any purpose. No provision of this Agreement may be amended, added to or subtracted from except by an agreement in writing signed by both parties hereto and/or their respective successors in interest. To the extent any provision contained in this Agreement conflicts with any provision contained in any exhibit attached hereto, the provision contained in this Agreement shall prevail. 7.19 Representation and Warranties Each party hereto represents and warrants that it is authorized to enter into this Agreement and that any person or entity executing this Agreement on behalf of such party has the authority to bind such party or the party which they represent, as the case may be. 7.20 Headings All headings and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 7.21 Advice of Counsel The parties warrant that they have read this Agreement and fully understand it, have had an opportunity to obtain the advice and assistance of counsel throughout the negotiation of same, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 7.22 Copyright City acknowledges that various materials which may be used and/or generated by Professional in performance of Services, including forms, job description formats, comprehensive position questionnaire, compensation and classification plan and reports are copyrighted. City agrees that all ownership rights and copyrights thereto lie with Professional, and City will use them solely for and on behalf of its own operations. City agrees that it will take appropriate action with its employees to satisfy its obligations with respect to use, copying, protection and security of Professional's property. 7.23 Personnel Professional represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any contractual relationship with City. All of the services required hereunder will be performed by Professional or under his supervision and all personnel engaged in the work shall be fully qualified to perform such services. 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. [S:\Contracts\Prof.Svcs&Goods Svcs\Engineering\20I91CHA Consulting,Inc.Professional Services.doc:2R2R019 11:10 AM1 7 CHA Consulting,Inc. Enginnering Department-2019 Appropriation#2017 LOIT Bond Fund; P.O.# 102670 Contract Not To Exceed$1 15,100.00 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 Debarment And Suspension 26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term "principal" for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. 26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City's request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 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. (remainder of page intentionally left blank) [S:'Cantracts\ProfSva&Goods Svcs\Engineenng\2019‘CHA Consulting,Inc.Professional Savices.doc:2/22/2019 11:10 AM] 8 CHA Consulting,Inc. Enginnering Department-2019 Appropriation#2017 LOIT Bond Fund; P.O.# 102670 Contract Not To Exceed$115,100.00 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA CHA Consulting, Inc. by and through its Board of Public Works and Safety BY: BY: O . Y. ames Brainard idin Office/y Authorized Signature Date: / Printed Name: ct ,q- /4 z' c Title: i/..; d i t° S Mary Ann rke, Mem er / Date: b FID/TIN: t(S - i (.,b 2. .S `j Last Four of SSN if Sole Proprietor: Lori S`W , ymber Date: 2///)Date: 3o/f ATTES • ristine S. Pauley, �e�surer Date: ////�� IS'CMV Ysho(.S,.z S Gnat.S''Eogineenng'SOI9'CIU Consulimg.In:.Profrw nal Smxe..drc.2/::2019 I I 10 AM) 9 P O. IO2le-qO 2/20/2019 Gray Road Trail (io6th Street to 116th Street) Scope of Services Project Description CHA Consulting, Inc. (the Consultant), is the design Consultant to the City of Carmel (the Owner) for the design of a new trail segment along Gray Road from io6th Street to ii6th Street. The design will replace the existing sidewalk along the east side of Gray Road from io6th Street to ii6th Street. Specific project limits are: • Continuous Trail along the east side of Gray Road from io6th Street to ii6th Street consisting of the following components: o Upgrade to existing midblock crossing located 700 LFT north of io6th Street. o Design of a io'wide trail from 700 LFT north of io6th Street to the roundabout at ii6th Street for a length of 4,23o LFT. The Consultant will be responsible for the management, coordination, and design of the elements required to provide i00%design plans for this project for a Local Letting by the City of Carmel. It is anticipated that design, any land acquisition if necessary, construction, and construction engineering will be locally funded. The project design shall conform to City of Carmel Design Standards augmented by the Indiana Department of Transportation (INDOT) Design Manual Chapter 307, standard details, specifications, policies and procedures (in force at the time of the execution of this Agreement) and the Indiana Manual on Uniform Traffic Control Devices (IMUTCD). The project will be developed in U.S.Customary Units. A more detailed discussion of the Consultant's services is described in the following specific sections: Section Description Section i _ Project Management Section 2 Topographic Survey Section 3 Trail Design Section 4 Utility Coordination Section 5 Permitting Section 6 Bidding and Construction Phase Services Section 1: Project Management Objective The objective of this section is to provide coordination between the Consultant, Subconsultants, the Owner, and the Owner's Program Manager to comply with funding, planning, and procedural requirements. Results/Deliverables • Monthly progress reports to Owner. • Project Meeting Minutes. Page 1 of 13 Exhibit 2/20/2019 Coordination • The Consultant will direct project communications through the Owner's representative regarding contractual,design,performance evaluation,and compensation-related issues. • The Consultant will participate in inter-agency coordination meetings and facilitate coordination efforts between the Owner and others,as requested. • The Consultant will coordinate with the Owner and Owner's Program Manager regarding overall utility coordination,topographic survey requirements, traffic analysis needs and assumptions,environmental documentation,and land acquisition. Activity • The Consultant will send monthly progress reports to the Owner. • The Consultant will coordinate with the Owner to process appropriate contract documents,permit applications,and standard drawings. • The Consultant will participate in inter-agency coordination meetings and facilitate coordination efforts with the Owner. Assumptions • Monthly invoicing will occur through the duration of the project. • The City of Carmel Design Standards augmented by the Indiana Department of Transportation (INDOT) Design Manual Chapter 307, standard details, specifications, policies and procedures (in force at the time of the execution of this Agreement) will be utilized on the project. • Maximum of 5 project coordination meetings. Information Supplied by Owner • None. Items Specifically Not Included • Tasks performed by the Owner's Program Manager, overall utility coordination management,and environmental documentation. Section 2: Topographic Survey Objective The objective of this task is to complete a topographic survey for the project area. Deliverables The products of this section are as follows: • Electronic copy of Topographic Survey. Activity The CONSULTANT will perform topographic survey services described as follows: The survey shall be collected in ENGLISH FORMAT and shall contain the following minimum information: • Original survey field book containing the following minimum information: Page 2 of 13 Exhibit 2/20/2019 a. Index. b. General site information. c. Complete listing of utilities,including addresses,with facilities in the area. d. Section corner references and traverse information. e. Alignment drawing with references. f. Level datum notes. • A complete listing of property owners' names and addresses with corresponding legible copies of legal descriptions and a complete Section Plat drawing. • Control points set and referenced at or near each end of the survey limits. • Fully dimensioned sketch of existing structure(s). • Electronic data and drawing files suitable for use on a WINDOWS based computer system using the most current version of Autocad including the following: a. Points file of entire survey with hard copy output. i. (single spaced,ASCII format,with data separated by spaces) ii. point number iii. northing iv. easting v. elevation vi. description b. A point description index/library shall be provided and a current copy maintained on file with SUBCONSULTANT. c. Topographic drawing file including: i. (2-D drawing,Autocad format) ii. Property lines and existing Right-of-Way. iii. Section corners. iv. Station&offset labels for topography,property corners,and Right-of-Way. v. Utilities. vi. Topography shown with appropriate symbolic representation. d. Break-line drawing file indicating slope change information. i. (2-D drawing,Autocad format) Assumptions • Gray Road(south): Beginning i,000 feet south of the centerline of Kingswood Drive and extending 4,30o feet north to the south edge of pavement of ii6th Street. The reference alignment shall be established on the section line. The coverage width shall be from the east edge of pavement of Gray Road to the east existing right of way line of Gray Road. • Sufficient information will be gathered by use of a data collector to provide complete topography and equivalent cross-sections at 25 foot intervals along all referenced alignments. Items Specifically Not Included • Location Control Route Survey Plat. Section 3:Trail Design Objective The objective of this task is to develop i00% design plans for Local lettings based on requirements provided by the Owner and the Owner's Program Manager. The Project will be Page 3 of 13 Exhibit A 2/20/2019 developed as a single project consisting of the trail segment. This will include one set of contract documents that includes the trail segment. Project development and management will be per Owner requirements and the Indiana Design Manual. Coordination will be directly with the Owner, County Surveyor's offices, and soil/water conservation agencies, as directed by the Owner. Deliverables The products of this section are as follows: • Stage i Plans for Owner review. • Preliminary Field Check(PFC)Plans for Owner review,meeting,and meeting minutes. • Stage 3 Plans for Owner Review. • Final Tracings Package for Owner review. Coordination • The Consultant will direct project communications through the Owner's representative regarding coordination,contractual,design,and compensation-related issues. • Drainage design will be coordinated with the Hamilton County Surveyor's office. • Plan submittals per the guidelines in the INDOT Design Manual (in force at the time of the execution of this Agreement). Activity • The Consultant will attend a project kickoff meeting with the Owner prior to beginning the data collection/analysis/design project tasks. • The Consultant will perform Trail design tasks as follows: o Prepare Stage i Plans(approximately 25%complete),including: • Title sheet and index. • Typical cross sections. • Miscellaneous details. • Preliminary maintenance of traffic plans, including signage, closure details and detours as required for trail construction. • Plan and Profile sheets. • Trail Design and Connectivity. • Preliminary erosion control plan,for Rule 5 Permit. • Preliminary drainage design. • Preliminary structure data tables. • Cross sections at 50'intervals. • Preliminary signing,and pavement marking plans. • Preliminary quantity calculations. • Construction cost estimate. • Draft design documentation. • Submit Plans and supporting documentation to Owner for Review. • Attend plan review meeting with Owner. o Conduct Preliminary Field Check(PFC)/Utility coordination meeting: • Incorporate review comments and changes from the Stage i Owner review. • Distribute PFC plans and PFC notification letter to key stakeholders and utilities. • Prepare and distribute Preliminary Field Check/Utility coordination meeting notes. Page 4 of 13 AExhibit 2/20/2019 • Submit PFC plans to local soil and water conservation districts for review of Storm Water Pollution Prevention Plan(SWPPP). o Prepare Stage 3 Review Submission Plans and documents (approximately 95% complete),including: • Incorporate review comments and changes from the Preliminary Field Check Owner review. • Finalize title sheet and index. • Finalize typical cross sections. • Finalize miscellaneous details. • Finalize maintenance of traffic plan. • Finalize plan&profile sheets. • Finalize sidewalk/multi-use trail design. • Finalize erosion control plans,for Rule 5 Permit. • Finalize drainage design. • Finalize structure data tables. • Finalize signing,and pavement marking plans. • Finalize plan tables. • Finalize cross sections at 50'intervals. • Finalize quantity calculations and construction cost estimate. • Finalize unique special provisions and prepare recurring special provisions. • Finalize design documentation. • Submit plans and supporting documentation to Owner for review. o Prepare Final Tracings Submission for Local letting. Submit plans to Owner electronically and via hard copy. Submittal will include: • Incorporate previous review comments. • Final Tracings plans, signed and certified by the Consultant, and approved by Owner. • Final quantity calculations and construction cost estimate. • Final design documentation. • Final erosion control plans. • BMP Operation and Maintenance Manual in accordance with local soil and water conservation district requirements,if necessary. • Final recurring special provisions and unique special provisions. • Permits(per Scope of Services). • Right-of-way certification letter from Owner (Right-of-Way Engineering per Scope of Services). • Utility Coordination certification and agreements(per Scope of Services). o Prepare and submit GIS submittal to Owner for storm and sanitary improvements. Assumptions • Project will utilize INDOT and Owner design standards and specifications. In case of a discrepancy,the Owner's standards and specifications will prevail. • Subsurface utility exploration (SUE), geotechnical engineering, and phase I environmental assessment is not included(by others,if required). • Hydraulic analyses and design will be done in accordance with the policies, procedures, and criteria contained in the hydraulics and hydrology portions of the Indiana Design Manual and the Hamilton County Surveyor's office. It is anticipated that a common submittal package will be prepared for review by the pertinent agencies. Development of multiple submittal packages tailored to the requirements of individual agencies is beyond this scope of work. Page 5 of 13 Exhibit A 2/20/2019 • BMP design will be coordinated with Owner, and local Soil/water conservation agencies, if necessary. • Hydraulic analysis will be limited to areas immediately impacted by the project footprint. • Storm sewer manholes, inlets, and connecting pipes shall be constructed of pre-cast reinforced concrete only,unless otherwise approved by the Owner. Pipe Material Tables are not anticipated. • Sizing of trail culverts will accommodate future widening of Gray Road that could create concentrated drainage flows with consideration for future detention requirements. • Plan submittals for the project area to the Owner will occur at Stage 1, Stage 3, and Tracings. • No Level I Design Exceptions are anticipated. If a Level I Design Exception is determined to be necessary, additional review and coordination will be necessary and is beyond this scope of work. • Plan submittals for the project area to the Owner will be via ii"x 1."hard copy(2 copies per submittal), with plans and special provisions, estimate, and design calculations posted(pdf)to the Consultant ftp site for retrieval. • All plans sheets for construction of the Trail including Traffic, Right-of-Way (if necessary), and Erosion Control elements the trail project area will be included in a single plan set with the Trail Plans. • The City of Carmel standard Trail pavement section will be used. • Erosion Control Plans will be included in the project. • The mid-block crossing will include ground-mounted flashing beacons, pavement markings, and signs (no overhead flashing beacons or HAWK signals). • Right of Way engineering and land acquisition will not be required. If Right of Way acquisition is required,an Additional Services Agreement(ASA)will be prepared. Information Supplied by Owner • See Appendix"A-2". Items Specifically Not Included • Geotechnical investigation. • Final Field check subsequent to Stage 3 plan submittal. • A separate set of Right-of-Way plans. • Pavement Design Section 4: Utility Coordination Objective The objective of this section is to coordinate utility relocations or adjustments to accommodate the project in accordance with io5 IAC 13 and Chapter io4 of the Indiana Design Manual. Deliverables • Approved utility work plans and relocation plans for relocation or adjustment of existing utility facilities. • Gantt chart of utility relocation schedule. • Master work plan showing proposed utility relocations within the Project. Page 6 of 13 Exhibit 2/20/2019 Coordination • The Consultant will coordinate with known utilities, the Owner, and the Owner's Program Manager. Activity The Consultant will perform the following activities: • Update the utilities that are located within the geographical limits of the Project. Efforts to make this update determination include review of INDOT-maintained utility list, investigation of field conditions,review of information from Indiana Underground Plant Protection Service (IUPPS), National Pipeline Mapping System (NPMS), and contacting the Owner. • Distribute an "Initial Notice of Proposed Improvement Project" letter and map of the project area to utilities known to exist in the project area, then gather responses and adjust utility list as needed. • Distribute a "Verification of Existing Facilities" letter and Preliminary Plans to utilities known to exist in the project area,gather responses and update plans,as appropriate. • Distribute a "Conflict Analysis" letter and Preliminary Field Check Plans to utilities known to have facilities within the project limits.A Utility Coordination Meeting will be held at the Preliminary Field Check meeting, which will be performed under Scope of Services Section 4. • Distribute"Work Plan Request"letters with Preliminary Final plans to utilities known to have facilities with the project limits. • Coordinate resolution of utility work plan conflicts, and hold one Utility Coordination Meeting to resolve conflicts,if necessary. • Review utility work plans and relocation plans,and request revisions as needed. • Prepare "Notice of Approved Work Plan" and "Notice to Proceed for Proposed Improvement"letters and submit to Owner for approval. Distribute approved work plans and relocation plans to utilities. • Prepare Utility Special Provisions for Final Tracings package. • Preparation of reimbursable agreement between Owner and utility,if necessary • Review reimbursable utility relocation cost estimates, if applicable, and provide recommendation to Owner regarding execution of reimbursable agreement between Owner and utility(s). Assumptions • Maximum of one utility work plan resolution meeting. • Activity will be coordinated through the Owner's Program Manager. Information Supplied by Owner • See Appendix"A-2". Items Specifically Not Included • Subsurface Utility Engineering(SUE)services. • Field observation of relocations prior to project letting. • Coordination work subsequent to project letting. Page 7 of 13 Exhibit A 2/20/2019 Section 5: Permitting Objective Provide services required to prepare and submit the necessary documentation to receive the permits required for the construction of this project. Deliverables • Permit Documents. Coordination • Work efforts will be coordinated through Owner. Activity • The Consultant will complete a Wetland Determination and Waters of the US investigation. • The Consultant will prepare and submit the necessary documentation to obtain the environmental permits required for the construction of this project. The anticipated permits include: o A Rule 5 permit for the trail project area,for a maximum of i permit. Assumptions • The Project will have land disturbance exceeding one acre at the trail project area, requiring a Rule 5 Permit. • Separate Rule 5 permit will be submitted with Stage 3 design plans for the project area. • No Section 4o1/4o4 permits are anticipated. • Permit application fees are reimbursable to the Consultant. Information Supplied by Owner • See Appendix"A-2". Items Specifically Not Included • A Section 4o1/4o4 Permit. • IDNR Construction in a Floodway Permit. • Tree mitigation. • No adverse effect/adverse effect documentation/memorandum of agreement (Section io6 Documentation). • Archaeological records review or reconnaissance. • Environmental Document,Categorical Exclusion(CE), Environmental Assessment(EA), or Environmental Impact Statement(EIS). • Additional Information(AI)Document. • Section 4(f)Evaluation. • Section 6(f)Evaluation. • Wetland or Stream Mitigation. • Air Quality Analysis. • Noise Analysis. • Asbestos inspection/testing. • Formal Section 7 coordination with the US Fish and Wildlife Service. • Phase I or II ESA. Page 8 of 13 Exhibit_ 2/20/2019 • Detailed groundwater assessment. • Resource specific cumulative impact analysis. Section 6: Bidding and Construction Phase Services Objective The objective of this section is to provide services to facilitate a competitive bid process for the Project and provide clarification of design intent during construction. Deliverables • Shop drawing reviews. • Contract document addenda(as appropriate). • Responses to Construction Contractor Requests for Information(RFI's). Coordination These activities will be coordinated with the Owner and Construction Engineer. Activity The Consultant will perform the following work under this section: • Coordination with the Owner's Contract Document Printing and Distribution Representative(Repro Graphix,Inc.). • Review plans and bid documents as advertised by the Owner and notify the Owner of inconsistencies from submitted documents which require correction. • Respond to bidder questions. • Issue addenda as appropriate to interpret, clarify, or expand the plans and bid documents that are not directly related to an error or omission by the Consultant. • Review bids received and make recommendation to Owner regarding award. • Attend Pre-construction meeting. • Review Shop Drawings for signing/lighting structures, lighting fixtures, and retaining walls. • Respond to Contractor RFI's to clarify design intent. • Attend construction progress meetings,as directed by Owner. Assumptions • Owner will advertise and receive bids. • Consultant to review shop drawings and responds to RFI's within 5 business days. • 5 RFI's maximum. Information Supplied by Owner • See Appendix"A-2". Items Specifically Not Included • Construction inspection services. • Bid Package Compilation. ACillbit Page 9 of 13 2/20/2019 Appendix"A-2" Gray Road Trail (io6th Street to ii6th Street) INFORMATION AND SERVICES TO BE FURNISHED BY THE OWNER: The OWNER shall furnish the CONSULTANT with the following: 1. Assist the CONSULTANT in obtaining property owner information,deeds,plans of adjacent developments, section corner information, and any other pertinent information necessary to perform work under this Agreement. 2. Criteria for design and details for signs, signals, highways and structures such as grades,curves,sight distances,clearances,design loadings,etc. 3. Specifications and standard drawings applicable to the project. 4. Plans of existing structures within the project limits,if available. 5. Written reviews pertinent to the project that are received by the OWNER. 6. Actual relocation and land acquisition costs. 7. Traffic analysis and lane configuration at each project location. 8. Available data from the transportation planning process. 9. Utility plans available to the OWNER covering utility facilities, the location of signals and underground conduits throughout the affected areas. io. Guarantee access to enter upon public and private lands as requested for the CONSULTANT under this Agreement. ii. Legal services as may be required for development of the project. 12. Ornamental sign support,light pole,and luminaire/fixture details. 13. Plan Reviews by the OWNER within 15 calendar days. Exhibit Page 10 of 13 2/20/20 19 Appendix"A-3" Gray Road Trail (io6th Street to ii6th Street) Schedule Work by the Consultant under this Agreement shall be completed and delivered to the Owner for review and approval,if required,within the following time periods;exclusive of the Owner's review time: A. Topographic Survey 1. Field Survey complete within 45 calendar days after receipt of notice to proceed with the field survey. B. Trail Design 1. Stage i Plans within 45 calendar days after receipt of Notice to Proceed by the OWNER and Topographic Survey complete. 2. Preliminary Field Check Plans within i5 calendar days after approval of Stage i Plans by the OWNER. 3. Stage 3 Plans within 4S calendar days after approval of Stage 1 Plans by the OWNER. 4. Final Tracings within no calendar days after approval of Stage 3 Plans by the OWNER. C. Utility Coordination Utility relocation plans shall be completed concurrent with Stage 3 plans. D. Bidding and Construction Phase Services. a. This work shall be conducted as directed by the OWNER. Exhibit Page 11 of 13 2/20/2019 Appendix"A-4" Gray Road Trail (io6th Street to ii6th Street) Compensation A. Payment Amount a. The Consultant shall receive as payment for the work performed under this Agreement the total fee not to exceed $115,ioo, unless a modification of the Agreement is approved in writing by the Owner. b. The Consultant will be paid for the work performed under this Agreement in accordance with the following schedule: Scope Description Fee Type and Amount Section Section i Project Management LSUM $6,200.00 Section 2 Topographic Survey LSUM $29,000.00 Section 3 Trail Design LSUM $61,2oo.00 Section 4 Utility Coordination LSUM $5,000.00 Section 5 Permitting(see note i) NTE $6,400.00 Section 6 Bidding and Construction Phase Services(see note i) NTE $7,300.00 Note 1. Services will be performed on a not-to-exceed basis at the hourly rates shown on the following page. Exhibit A _ Page 12 of 13 2/20/2019 Hourly Rate Schedule CHA Consulting,Inc. Classification 2019 Rate 2020 Rate Asst. Engineer I $77.68 79.23 Engineer II $83.45 85.12 Asst.Project Engineer III $102.99 105.05 Project Engineer IV $122.24 124.69 Sr.Engineer V $154.69 157.78 Sr.Project Mgr. $209.36 213.55 Principal Engineer VI $220.95 225.37 Eng. Designer/Tech/CADD $71.94 73.38 Sr.Eng.Designer/Tech $92.01 93.85 Principal Eng. Design/Tech $112.78 115.03 CADD Mgr. $92.01 93.85 Designer $71.94 73.88 Scientist IV $95.77 97.68 Sr.Scientist V $119.53 121.92 Land Acquisition Specialist $125.33 127.84 Exhibit I Page 13 of 13 EXHIBIT B Invoice Date: Name of Company: Address &Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods 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 EXHIBIT C INSURANCE COVERAGES Worker's Compensation&Disability Statutory Limits Employer's Liability: Bodily Injury by Accident/Disease: $100,000 each employee Bodily Injury by Accident/Disease: $250,000 each accident Bodily Injury by Accident/Disease: $500,000 policy limit Property damage, contractual liability, products-completed operations: General Aggregate Limit(other than Products/Completed Operations): $500,000 Products/Completed Operations: $500,000 Personal &Advertising Injury Policy Limit: $500,000 Each Occurrence Limit: $250,000 Fire Damage(any one fire): $250,000 Medical Expense Limit(any one person): $ 50,000 Comprehensive Auto Liability(owned,hired and non-owned) Bodily Single Limit: $500,000 each accident Injury and property damage: $500,000 each accident Policy Limit: $500,000 Umbrella Excess Liability Each occurrence and aggregate: $500,000 Maximum deductible: S 10,000 •.. . 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' • . .. , .:!':..:4 Vt*Itliftae-i. la'10.0f1 ,i2,6-w.44,,g,-, .......:.40.4. . • ,. . . , 24.4t ,,t, re,.. ,,... /2 z.,-,. ,,,i.:•_".... •••..„-,:::: ..,46.,...„.%A.,,,,,p,,...., yela . . • , , z . . . ... „ toof,g,odeik,-tmatdtpohiw4i.fo.io64,iopfa*ootoat,f„•a':i.kiv.pbxtt4-#i.:Agot. • : • jo.i...$1-aolop.:00.0.tstoiafigkasigoiotugikt iol5i*tttigiwiiigtifigiOtitoifotil • ' ':- , .., . ... . „ . . (. isf....4.,....4,..,,,d . .10,:fitokii----.e,--;(,, ,,f;t::..... :•,., _,..,„: do,,,f,..iv$.,„,t. . • . . . . INDIANA RETAIL TAX EXEMPT Page 1 of 1 Iit)T of Carmel e1 CERTIFICATE NO.003120155 002 0 PURCHASE ORDER NUMBER ll FEDERAL EXCISE TAX EXEMPT 102670 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES,A/P CARMEL INDIANA 46032-2584 VOUCHER,DELIVERY MEMO,PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL-1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 2/20/2019 368938 Project 16-ENG-97;Contract Date 03.06.19 C H A CONSULTING City Engineering's Office VENDOR 300 SOUTH MERIDIAN SHIP 1 Civic Square UNION STATION TO Cannel, IN 46032- INDIANAPOLIS, IN 46225- Kate Lustig PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 34028 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 2200 Fund: 0 2017 LOIT Bond Fund Account: 44-628.71 1 Each Gray Road Trail -106th Street to 116th Street-Design $115,100.00 $115,100.00 Sub Total $115,100.00 CIF C es0 4, III t�i y a q vi_Z I ,it 171: M '',. Send Invoice To: .+' Jill Newport CrossRoad Engineers, P.C. 3417 Sherman Drive BeND I ti Beech Grove, IN 46107 �r PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT I PROJECT ACCOUNT 1 AMOUNT PAYMENT $115,100.00 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 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 t �!__-,va AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY - Jeremy Kashman James Crider TITLE Director Administration CONTROL NO. 1 02670 CLERK-TREASURER