Donohue & AssociatesDonohue & Associates
Professional Fees/Cannel Storm Water
Engineering Dept. - 2000
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 Donohue & Associates (hereinafter "Professional").
RECITALS
WHEREAS, City owns and is responsible for its public works, which responsibility includes, by
way of illustration and not by way of limitation, the planning, design, construction, operation and
maintenance of the City's infrastructure system; and
WHEREAS, from time to time, City needs professional services to assist it in effectively and
efficiently fulfilling its foregoing responsibilities; and
WHEREAS, Professional is experienced in providing such professional engineering and other
related services as are covered by this Agreement; and
WHEREAS, City desires to engage Professional as an independent contractor for the purpose of
providing to City, on a non-exclusive basis, the professional services referenced herein; and
WHEREAS, Professional is qualified and desires to provide City with such professional services.
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 professional services
("Services") set forth in attached Exhibit A which is incorporated herein by this reference.
Professional desires to provide the Services to City.
2.2 Professional acknowledges that it has read and understands this Agreement, and that
Professional's acceptance and/or provision of any Services hereunder shall constitute
Professional 's acceptance of this Agreement and of all its terms and conditions.
2.3 Professional understands and agrees that City may, from time to time, request Professional, on a
non-exclusive basis, to provide additional professional services to assist City in the planning,
design, construction, operation and/or maintenance of its infrastructure system. The scope of such
Donohue & Associates
Professional Fees/Carmel Storm Water
Engineering Dept. - 2000
additional services to be provided by Professional to City shall be as requested and defined by the
Mayor or his duly authorized representative. When City desires additional services from
Professional, the Mayor or his duly authorized representative shall notify Professional and set
forth the scope of such additional services desired, as well as the time frame in which such
services are to be rendered. Professional shall then provide, at no cost to City, an estimated cost
for such additional services, as well as the date by which such additional services will be
provided. Only after City has approved Professional's time and cost estimate for the provision of
such additional services shall Professional be authorized to commence same, the description of
which additional services shall be set forth in documents which shall be numbered and attached
hereto in the order approved.
2.4
Professional understands and agrees that City reserves the right, at any time, to direct changes, or
cause Professional to make changes, in the Services and/or additional services provided, or to
otherwise change the scope of the work covered by this Agreement, and Professional agrees to
promptly make such changes. Any difference in price or time of performance resulting from such
changes shall be equitably adjusted by City and Professional after receipt of documentation from
Professional in such form and detail as City may require.
2.5
Professional expressly warrants that all Services and/or additional services covered by this
Agreement will conform to the specifications, drawings, samples, instructions, directions and/or
descriptions furnished to City by Professional or by Professional to and accepted by City, and that
such Services and/or additional services will be performed in a timely manner, in a good and
workmanlike manner and free from defects.
2.6
Professional acknowledges and agrees that it knows of City's intended use and expressly warrants
that all Services and/or additional services covered by this Agreement which have been selected,
provided or performed by Professional, based upon City's stated use, will be fit and sufficient for
the particular purposes intended by City.
2.7 Time is of the essence of this Agreement.
SECTION 3.
CITY'S RESPONSIBILITIES
3.1
Upon City's request of Professional for a time and cost estimate for the Services and/or additional
services to be provided hereunder, City shall provide such criteria and information with respect to
same as are reasonably necessary for Professional to understand the Services and/or additional
services requested and to provide a time and cost estimate thereon.
3.2
Once City has accepted Professional's time and cost estimate for the Services and/or additional
services, City shall:
3.2.1 Fumish to Professional, upon request, such studies, reports and other available data in
City's possession as City considers reasonably pertinent to the Services and/or additional services
to be provided, and which Professional shall be entitled to rely upon in performing the Services
and/or additional services, unless, in its review of same, Professional determines that such
information is not consistent and fails to promptly so notify City; and
Donohue & Associates
Professional Fees/Carmel Storm Water
Engineering Dept. - 2000
3.2.2 Arrange and make all provisions for Professional to enter upon public and private property
as reasonably required for Professional to perform the Services and/or additional services; and
3.2.3 Make reasonably available to Professional for consultation, as needed, such individuals as
are necessary for Professional to provide the Services and/or additional services to City.
3.3
City shall designate the Mayor or his duly authorized representative to act on City's behalf on all
matters regarding the Services and/or additional services.
SECTION 4.
PROFESSIONAL'S RESPONSIBILITIES
4.1
Professional shall provide to City, within five (5) business days after City requests same, a time
and cost estimate for the Services and/or additional services requested by City to be performed by
Professional.
4.2
Once City has accepted Professional's time and cost estimate for the Services and/or additional
services, such Services and/or additional services shall be performed pursuant to the terms of this
Agreement, within such time and cost estimate, and pursuant to any other terms and conditions set
forth or referenced herein or attached hereto.
4.3
Professional shall coordinate its performance, in the form of physical meetings and/or status
reports, with the Mayor or his duly authorized representative, pursuant to a mutually agreeable
schedule and/or as circumstances dictate.
4.4
Professional shall provide the Services and/or additional services by following and applying at all
times the highest professional and technical guidelines and standards.
SECTION 5.
COMPENSATION
5.1
As full and complete compensation for the Services performed by Professional hereunder, and
subject to the terms and conditions contained in this Agreement, including, but not limited to, the
termination provisions set forth in paragraph 7.1 hereinbelow, City shall pay Professional as set
forth in the attached Exhibit A.
5.2
Professional shall submit an invoice to City no more than once every thirty (30) days for Services
and/or additional 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, which is incorporated herein by this
reference. City shall pay Professional for all undisputed Services and/or additional services
rendered and stated on such invoice within thirty (30) days after the date of City's receipt of same.
If the undisputed portion of an invoice amount is not paid within thirty (30) days of its receipt by
City, Professional shall so notify City. If such undisputed portion of the invoice amount is not
thereafter paid within five (5) business days after City's receipt of such notice, then a late charge
in a sum equal to one percent (1%) of such unpaid and undisputed invoice amount shall accrue
and be immediately due and payable by City to Professional as a separate debt for each month
same remains unpaid.
Donohue & Associates
Professional Fees/Cannel Storm Water
Engineering Dept. - 2000
5.3 In the event an invoice amount is disputed, City shall so notify Professional. If such dispute is not
resolved to City's satisfaction within ten (10) business days after notice of such dispute is sent by
City to Professional, City shall pay such amount, under protest, into the City Court of Cannel,
which Court shall hold same until notified of a resolution signed by both parties hereto or the
entry of a final judgment thereon.
5.4
City, in its sole discretion, may agree to pre-pay all or any portion of the compensation to be paid
Professional as a result of its provision of the Services and/or additional services hereunder, which
pre-payment shall be expressly contingent upon and subject to an accounting and reconciliation by
and between the parties at such time as such Services and/or additional services are fully
performed, this Agreement is terminated and/or upon City's request. Professional agrees to
immediately disgorge to City any prepayment amount it has received from City for Services
and/or additional services that are disputed by City and/or which constitutes an overpayment for
same.
5.5
If additional professional services are required and Professional wishes to hire an outside source
for the performance of same, Professional shall so notify City, in advance of the engagement of
such outside source, with an explanation of the need and qualifications of same. If City consents
to such outside source, which consent shall not be unreasonably withheld, City shall reimburse
Professional for the actual cost of same, which reimbursement sum shall be subtracted from the
amount of compensation due Professional from City hereunder. Professional understands and
agrees that any and all outside sources so hired shall be employees or contractors of Professional
only. Professional warrants and indemnifies City for and from any and all costs, fees, expenses
and/or damages incurred by City as a direct or indirect result of the use by Professional of an
outside source. This indemnification obligation shall survive the termination of this Agreement.
SECTION 6. TERM
Subject to the termination provisions set forth in Section 7.1 hereinbelow, this Agreement shall be
in effect from the Effective Date through December 31, 2000, and shall thereafter, on the first day
of January in each subsequent year, automatically renew for a period of one (1) year, unless earlier
terminated in accordance with the terms and conditions hereof.
SECTION 7.
MISCELLANEOUS
7.1 Termination.
7.1.1
The obligation to provide all or any portion of the Services and/or additional services
under this Agreement may be terminated by City or Professional without cause upon
thirty (30) days notice to the other party.
7.1.2
The obligation to provide all or any portion of the Services and/or additional services
under this Agreement may be terminated by City for cause, or upon City's failure to
appropriate monies sufficient to pay for same, 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
Donohue & Associates
Professional Fees/Carmel Storm Water
Engineering Dept. - 2000
compensation hereunder, Professional shall be paid for all such Services and/or additional
services rendered and expenses incurred as of the date of termination of same that are not
in dispute. Disputed compensation amounts shall be resolved as set forth in paragraph 5.3
hereinabove.
7.2 Binding Effect.
City and Professional, and their respective officers, officials, agents, partners, successors,
executors, administrators, assigns and legal representatives are botmd to the other and to its
officers, agents, partners, successors, executors, administrators, assigns and legal representatives,
in all respects as to all covenants, agreements and obligations of this Agreement.
7.3 No Third Party Beneficiaries.
Nothing contained herein shall be construed to give any rights or benefits hereunder to anyone
other than City and/or Professional.
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, contractors, subcontractors and outside sourues are
or shall become employees of City. Furthermore, Professional shall have the sole responsibility
to pay to or for its agents, employees, contractors, subcontractors and outside sources all statutory,
contractual and other benefits and/or obligations as they become due, and City shall not be
responsible for same. Rather, the compensation to be paid hereunder by City to Professional shall
be the full and maximum amount of compensation and monies required of City to be paid to
Professional hereunder. Professional hereby warrants and indemnifies City for and from any and
all costs, fees, expenses and/or damages incurred by City as a direct or indirect result of any
statutory, contractual or other claim for wages, benefits or otherwise by any agent, employee,
outside source, contractor or subcontractor 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 and reasonably acceptable to City, Professional Responsibility Insurance and such other
insurance as is necessary for the protection of City and Professional from any and all claims for
damages or otherwise under workers' compensation, occupational disease and/or unemployment
compensation acts, because of errors and omissions, because of bodily injury, including, hut not
limited to, personal injury, sickness, disease or death of any and all of Professional's employees,
agents, contractors, subcontractors or outside sources, and/or because of 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. Professional shall
cause its insurers to name City as an additional insured on all such insurance policies (except on
its Professional Responsibility Insurance policy), shall, upon request, provide City with copies of
all such policies, and shall provide that such policies will not be canceled without thirty (30) days
Donohue & Associates
Professional Fees/Cannel Storm Water
Engineering Dept. - 2000
prior notice to City. City agrees that Professional's total liability to City for any and all injuries,
claims, losses, expenses or damages arising out of or related to this Agreement from causes
including, but not limited to, simple negligence, errors, omissions, strict liability, or breach of
contract, but not from Professional's gross negligence and/or criminal acts, shall not exceed the
greater of the combined limit of Professional's professional liability insurance policy limits and
other required insurance limits or One Million Dollars ($1,000,000.00) per occurrence and
aggregate.
7.6 Force Maieure.
Any delay or failure of either party to perform its obligations hereunder shall be excused if, and to
the extent, it is caused by an event or occurrence beyond the reasonable control of the party and
without its fault or negligence, provided that notice of such delay (including the anticipated
duration of the delay) shall be given by the affected party to the other party within five (5)
business days after discovery of the cause of such delay. During any such period of delay or
failure to perform by Professional, City, in its sole option, may purchase some or all of the same or
similar Services and/or additional services from other sources and reduce the Services requested
of Professional hereunder by such degree, without liability to Professional, or have Professional
provide some or all of the Services and/or additional services from other sources at times
requested by City and at the prices set forth in this Agreement.
7.7 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 of record and Professional fails to remove it within ten (10) days after the date
of filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such
bond, all at Professional's sole cost and expense. Professional shall indemnify and hold harmless
City from and against any and all liabilities, losses, claims, costs, attorney fees, expenses and/or
damages incurred by City in connection with any such lien or the removal thereof. This
indemnification obligation shall survive the termination of this Agreement.
7.8 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 and/or
additional services as specified; (c) fails to make progress so as to endanger timely and proper
completion of the Services and/or additional services and does not correct such failure or breach
within five (5) business days (or such shorter period of time as is commercially reasonable under
the circumstances) after receipt of notice from City specifying such failure or breach; or (d)
becomes insolvent, files, or has filed against it, a petition in bankruptcy, for receivership or other
insolvency proceeding, makes a general assignment for the benefit of creditors or, if Professional
is a partnership or corporation, dissolves, each such event constituting an event of default
hereunder, City shall have the right to, among other things: (1) terminate all or any part of this
Agreement, without liability to Professional; (2) perform or obtain, upon such terms and in such
manner as it deems appropriate in its sole discretion, the Services and/or additional services which
were to be provided by Professional and Professional shall be liable to City for any excess costs to
City in performing or obtaining same; and/or (3) exercise any other right or remedy available to
Donohue & Associates
Professional Fees/Carmel Storm Water
Engineering Dept. - 2000
City at law or in equity.
7.9 Government Compliance.
Professional agrees to comply with all present and future federal, state and local laws, executive
orders, rules, regulations, codes and ordinances which may be applicable to Professional's
performance of its obligations under this Agreement, and all relevant provisions thereof are
incorporated herein by this reference. Professional agrees to indemnify and hold harmless City
from any and all losses, damages, costs, attorney fees and/or liabilities resulting from any
violation of such law, order, rule, regulation, code or ordinance. This indemnification obligation
shall survive the termination of this Agreement.
7.10 Indemnification.
Professional shall indemnify and hold harmless City and its officers, officials, employees, agents,
assigns and legal representatives from any and 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,
outside sources, contractors or subcontractors in the performance of this Agreement, or otherwise.
The failure to do so shall constitute a material breach of this Agreement. This indemnification
obligation shall survive the termination of this Agreement.
7.11 Discrimination Prohibition.
Professional represents and warrants that it and each of its employees, agents, contractors,
subcontractors and outside sources shall comply with all existing and future laws of the United
States, the State of Indiana and City 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 and/or additional 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 Vietuam era veteran status. City
reserves the right to collect a penalty as provided in IC 5-16-6-1 for any person so discriminated
against. This indemnification obligation shall survive the termination of this Agreement.
7.12 Severability.
If any provision or portion of this Agreement is held to be invalid, illegal or unenforceable by a
court of competent jurisdiction, that provision or portion thereof shall be stricken, and all other
provisions of this Agreement which can operate independently of such stricken provision 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, retum
receipt requested, addressed to the parties as follows:
Donohue & Associates
Professional Fees/Carmel Storm Water
Engineering Dept. - 2000
CITY:
PROFESSIONAL:
City of Carmel
One Civic Square
Carmel, IN 46032
ATTN: Kate Weese
(with a copy to the City Attorney,
Department of Law, same address)
Donohue & Associates
101 West Ohio Street, Suite 820
Indianapolis, 1N 46204
ATTN: Paul Elling
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 Carreel, Indiana. The parties further agree that, in the event a lawsuit is filed hereunder,
they waive any rights to a jury trial they may have, agree to file any 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, whether as collateral for a loan or
otherwise, and shall not delegate its obligations under this Agreement, without City's prior
consent.
7.18 Entire Agreement.
This Agreement contains the entire agreement of and between the parties hereto with respect to
Donohue & Associates
Professional Fees/Carmel Storm Water
Engineering Dept. - 2000
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 Reoresentation 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 understand it, are fully aware of their
respective fights, have had the opportunity for the advice and assistance of an attorney throughout
the negotiation of this Agreement, and enter into this Agreement freely, voluntarily, and without
any duress, undue influence, coercion or promise of benefit, except as expressly set forth herein.
[remainder of page intentionally left blank]
Donohue & Associates
Professional Fees/Cannel Storm Water
Engineering Dept. - 2000
1N 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
Donohue & Associates
101 West Ohio Street, Suite 820
Indianapolis, 1N 46204
BY: BY:
~dS'~ignamre
James Brainard, Presiding Officer
ATTEST:
L./~1 Diana Cor~y '~C ~lerk-Treas~er
Date:
ExH B# 'r A
®
July 28, 2000
Ms. Kate Weese
City Engineer
City of Carreel
One Civic Square
Carmel, Indiana 46032
Re: Carmel Storm Water Conceptual Plan For the Old Meridian Area Scope and Fee Proposal
Dear Kate:
In accordance with your request, Donohue & Associates has revised the scope of work and the fee for the
above project and is pleased to submit the revised information for your use. We have developed an
approach which meets your budget constraints and provides the information we discussed in our meeting
of May 30, and again by phone this past Wednesday.
We have revised the scope of work to include a better description of the deliverable product for the first
phase of work. As we discussed we envision an Interim Summary Report which is an expanded executive
summary and discusses the work performed but is directed at non-technical readers. All other portions of
the scope which you did not have comments on remained the same.
We understand that this project is scheduled to go before the City Board on August 16'h. We anticipate
that our current workload is able to accommodate this project at that time and would anticipate that Phase
I work would be completed by October 20m if notice to proceed is provided by August 1
Please contact Brian Neilson, Steve Brinegar or myself at 267-8200 should you have any questions.
Paul N. Elllng~/'''~'
Project Manager
Vice-President, Marketing
Enclosures: As noted
Carmel Regional Storm Water Control Conceptual Plan
And Other Utilities Development
For the Old Meridian Area
Scope of Services
Overview
The City of Cannel has identified the Old Meridian area as having the potential for significant
redevelopmeat activities in the future. The City wishes to investigate if regional storm water
controls are appropriate to pursue in order to facilitate such redevelopmeat, and if appropriate
what such facilities might consist of. This information is intended to be used to assist the City in
anticipating the work required to implement a regional approach and in guiding the
redevelopment activities as they occur. The old Meridian Area is generally bounded by US 31
on the north and west, and Guilford on the east to just south of Main street. The southern
boundary is irregular but generally follows a line between Guilford and Main, to US 31 and Old
Meridian Street intersection along parcel boundaries.
This contract is intended to provide a determination of the feasibility of providing regional storm
water storage facilities within the Service area. In addition it will develop to the concept stage
storm water storage facilities required to implement a regional approach to storm water control.
Because of the limited project budget and limited available storm water conveyance information,
detailed design engineering, detailed system modeling, and establishment of design ready flows
are not included in this scope. This scope however, will provide the City with a brief review of
the major facilities in place, apply relevant engineering design parameters to the area, and
determine what the major implications of such an approach are from a cost and facilities
standpoint.
The project is broken into 2 phases of work in order to meet the budget constraints. Phase I
contains the majority of the data gathering and engineering calculations but focuses on existing
storm water systems and will provide an interim summary report evaluating regional storm water
collection and storage solutions. The project can stop at the end of phase one or continue on to
phase two. Phase II will refine/revise the development information to incorporate the changed
character of the area based on additional City input regarding redevelopment sequencing. This
will be followed by refinement of the calculations and a complete engineering report
documenting all the work completed.
Phase I - Initial Storm Water Evaluations
Project Management
A. Provide brief monthly progress reports to document services performed to date and
schedule status. This is typically performed as part of the monthly project invoicing
routine.
B. Hold a project kickoff meeting to review the project objectives and obtain available
information and drawings relevant to the project. The meeting shall discuss information
and mapping available and appropriate for the project, general approach concepts,
information to be included in the Phase I report, and other relevant topics. Dunng the
kickoff meeting we will also discuss the current storm water requirements of the City,
and potential future changes which may revise the storage requirements. This
information will be the basis for deteHnining the amount of storm water needing to be
conveyed or stored.
II. Data Gathering
A. Obtain available GIS and Cadd mapping of the project area from the City or County
showing topographic, existing land use, existing and planned zoning, planned
developments, legal drains, parcels, and other similar information.
B. Obtain from the City and the Hamilton County Surveyor previous or current
information identifying the storm water collection, retention, detention, or conveyance
facilities constructed in the past or otherwise anticipated in the near future which should
be considered in the project.
C. Obtain from Butler, Fairman and Seifert the drainage plans for the widening and
storm system of old Meridian
D. Assemble data obtained into composite view of the project area showing major
drainage outlets and storage facilities to determine where data is missing or where
conflicting data exists.
E. Perform the following field investigations to obtain missing information or obtain
additional information needed to complete the storm water plan:
1. Identify existing facilities at locations in the drainage basin where no
information is available and the location is critical to the correct interpretation of
the drainage limitation or capabilities in that area.
2. Identify locations which are appropriate to consider for the
installation/improvement of storm water storage facilities either above or below
grade. Such locations would include:
a) Existing water amenities and ponds
b) Existing wetlands or low areas which could be converted to storm
water storage locations
c) Locations with large flat paved areas in low lying areas which could be
used for underground storage
F. Attend a meeting with Scheer & Scheer the City's consultants for the Old Meridian
Area in order to better understand the concepts and limitations which the plan will have
on the storm water facilities.
gI. Data Evaluation
A. Determine the existing drainage patterns and drainage areas based on existing
topographic information and the composite view of storm water facilities assembled
earlier.
B. Determine approximate drainage rates at various times of concentration for each
basin by using the rational method (Q=CIA) for each basin in order to develop the runoff
hydrograph. The varying runoff intensities will be determined by the corresponding
times of concentration for the basin and the correspouding rainfall intensity. [Note: The
rational method is generally recognized to overestimate the runoff rates for basins over
approximately 200 acres in size, however the lack of detailed channel and drainage
system information and budget limitations does not allow more sophisticated modeling to
be effectively used. The overestimation will also provide conservative results that can be
improved upon during detailed design.]
C. Determine approximate storage volumes required by use of the runoff hydrograph
and the allowable release rate. The storage volume is the area on the curve between the
allowable release rate and the influent hydrograph. [Note: We will assume that the
release rate established by the current city storm water requirements is sufficiently low
that adequate capacity in the downstream receiving sewers/channels exists to accept those
release rates.]
D. Determine storage location and configuration based on the volumes determined above
for each drainage basin and the potential sites located during the field investigations or
otherwise identified.
E. Determine conceptual level costs for the regional storage improvements.
F. Perform quality control check of the information developed to date and incorporate
suggested revisions.
G. Meet with the city to discuss the findings and the anticipated recommendations.
IV. Interim Summary Report
A. Prepare an Interim Summary Report for the Phase I work (approximately 8-12 pages
in length) identifying the feasibility of the regional approach. It is anticipated that the
Interim Summary Report will include a discussion of the scope of the work, the work
performed, the results of the evaluations, the recommendations made, and the estimated
costs of the recommendations. The summary will be accompanied by maps and figures
and other data to support the statements in the summary. [Note: This summary is not
intended to be a detailed engineering report but is intended to provide the City with
general overview of the work completed and guidance for future efforts.]
B. Submit 5 copies of the report to the City of C~rmel for review and comment
C. Meet with the City to discuss the comments on the Interim Summary Report
D. Revise the report per the comments obtained into a final copy and submit to the City
for its use.
e, XHI61T A
Phase II -Storm Water Control Conceptual Plan For the Old Meridian Area
V. Refinement of Phase I Storm Water Plan
A. Obtain proposed improvement plans and proposed zoning/land use of the service area
representing the future conditions in the Old Meridian Service Area. Discuss with the
City how to approach the redevelopment issues needed to transform the area into the land
uses proposed.
B. Refine the drainage patterns and drainage areas based on proposed land uses but
generally following current topographic patterns and assuming similar conveyance
facilities.
C. Refine the drainage rates at various times of concentration for each basin using the
rational method (Q=CIA) based on revised land uses.
D. Refine storage volumes required by use of the runoff hydrograph and revise (if
appropriate) release rates. [Note: We will again assume that the release rate established
by the City storm water requirements is sufficiently low that adequate capacity in the
downstream receiving sewers/channels exists to accept those release rates.]
E. Refine storage locations and configurations based on the revised volumes determined
above.
F. Perforn~ quality control check of the information developed to date and incorporate
suggested revisions.
G. Meet with the city to discuss the findings and the anticipated recommendations.
VI. Other Utility Investigations
A. Review Jones And Henry master plan for sanitary facilities and existing system
mapping.
B. Review water plans for the area by the Water company and existing system mapping.
C. Rough in major collection/distribution systems in accordance with the appropriate
master plan in order to provide service to all portions of the service area.
D. Develop an interim method of providing service to the entire area assuming that the
recommended master plan features are in place and development sequencing discussed
with the City occurs.
VII.
Conceptual Plan For the Old Meridian Area Final Engineering Report
A. Based upon the work completed summarize the work in a report on the project. The
report will include the following sections:
1, Executive summary (will be a revision of the Phase I Interim Summary
Report)
2. Introduction and intent of report
3. Summary of data gathered, and the relevant information contained therein.
4. Summary of the data evaluations and flow estimations
5. Recommended storage locations based on the volumes estimated and
available storage areas.
6. Cost estimate of the recommended storage areas.
7. Summarize other utility information in a brief report which is included as a
separate section in the Conceptual Plan For the Old Meridian Area Final
Engineering Report.
B. Perform quality control check of the information developed to date and incorporate
suggested revisions.
C. Submit 5 copies of the report to the City of Carreel for review and comment
D. Meet with the City to discuss the comments on the Conceptual Plan For the Old
Meridian Area Final Engineering Report
E. Revise the report per the comments obtained into a final copy and submit to the City
for its use.
,,~
f:,Xli, ng~*r A
Z
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
EXHIBIT B
Professional Services Invoice
Date:
Project Name:
Invoice No:
Person
Performing
Service
Service Services Provided Hourly Hours
Date (Describe in detail in one-Rate Worked
tenth hour units)
Total
GRAND TOTAL
Signature
Printed Name
EXHIBIT C
INSURANCE COVERAGES
Worker's Compensation & Disability
Statutory Limits
Employer' s Liability:
Bodily Injury by Accident:
Bodily Injury by Disease
Bodily Injury by Disease
$100,000 each accident
$ 500,000 policy limit
$100,000 each employee
Property damage, contractual liability,
products-completed operations:
General Aggregate Limit (other than
Products/Completed Operations):
Products/Completed Operations:
$1,000,000
$1,000,000
Personal & Advertising Injury
Limit:
Each Occurrence Limit:
Fire Damage (any one fire):
Medical Expense Limit
(any one person):
$1,000,000
$1,000,000
$ 50,000
$ 5,000
Comprehensive Auto Liability
Owned, hired and non-owned
Bodily Single Limit:
injury and property damage
each accident
$1,000,000
Umbrella Excess Liability
Each occurrence and aggregate
Maximum Deductible
$1,000,000
$ 10,000
Professional Responsibility Insurance:
Per Occurrence: $1,000,000
Aggregate: $1,000,000
October 10, 2000
Mr. Paul Elling
DONOHUE & ASSOCIATES
101 West Ohio Street
Suite 820
Indianapolis, IN 46204
Dear Mr. Elling:
On August 16, 2000, the Board of Public Works and Safety approved a contract to do business
with your company. Enclosed is a fully executed copy of the Agreement for your records.
Please review the enclosed sample invoice (Exhibit B). You do not need to use this specific
form, but we require you to submit the requested information in a similar layout. This format
replaces any other form previously used by the City and is effective upon approval of your
contract.
Please do not hesitate to contact me at 317.571.2413 if you have any questions or concerns.
Sincerely,
COPY
Carrie A. Groce
Deputy Clerk-Treasurer
Enclosure
CO:
M. Kate Weese
Department of Engineering
City of Carmel
DEPARTMENT OF ENGINEERING
Augnsi 29, 2000
Paul N. Elling, PLY;, Project Manager
Stephen A. Brinegar~ Vice President, Markcling
James R. Miller, Vice President
Donohuc & Associates
101 West Ohio Street, Suite 820
Indianapolis, Indiana 46204
RE: Noticc to Proceed Contract #0816.0004
Dear Gentlemen:
In accordance with out' contract with I)onohuc & Associates Contract #0816.0004 dated Artgust 16% 2000, I am
providing yoa with written instructions lbr proceeding with the first phase or'the prdjccl, Carreel Regional Storm Water
Control Conceptual Plan and Other Utilities I)cvclopmcut Ibr the Old Meridian Area:
Phase I Initial Storm Water Evaluations Fee S 15,001).00
Including: PrQicct Managcmcul, I)ata Gathering, I)ata livaluation and Interim SumnlaD' I.~cporl
i hereby grant you the Notice to Pruceed on providing these described consulting services as part of the above-
mentioned contract.
Please be advised tiltit all invoices Ibr work on this original and auy additional sclwicc contract should be billed
separately, and referenced by the original Contract # and/or Additional Services # where applicable. Thank you lbr your
assistancc in providing the City of Camxel with your professional, quality services. If you should have any questions,
please give me a call.
Sincerely,
M.K~at~ Wecsc, P.li.
City Engineer
CC:
Mayor James Brainard
Douglas ]-taney, City Attorney
Diana Cordray, Clerk Treasurer
Mike Hollibaugh, I)cparmmnt of Comnmnity Services
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2441