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Schneider CorpThe Schneider Corporation Engineering Department 1999 AGREEMENT FOR PROFESSIONAL SERVICES APPROVED, AS TO 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 Th~:~rporation (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 consultation and training 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. 2.1 2.2 2.3 SCOPE OF SERVICES 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. Professional acknowledges that it has read and understands this Agreement, Professional's acceptance and/or provision of any Services hereunder shall Professional' s acceptance of this Agreement and of all its terms and conditions. and that constitute 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 additional services to be provided by Professional to City shall be as requested and defined by the [eb:msword:z:\law',c bass'my docunmnts\profscr,'ices',schncider.doc:l 1/12/99] The Schneider Corporation Engineering Department 1999 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 Furnish 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 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 [cb:msword:z: ,lax~ ,c bass,my documems',proCscn, iccs schncidcr doc:l I/I 2,'991 52 The Schneider Corporation Engineering Department 1999 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 and/or additional 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 the total sum set forth in 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. 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 Carmel, [eb:msword: z:\law\c bassXn~y documentsXprofservices\schneider.doc: I 1/12/99] 3 The Schneider Corporation Engineering Department 1999 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. Upon termination of this Agreement in accordance with Section 7.1 hereof, 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, 1999, 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 or completed 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 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. [eb:msword:z:\law\e bassm~y docun~ents\profservices\schneicler.doc: 11/I 2/99]4 The Schneider Corporation Engineering Department 1999 7.2 Bindin~ Effect. City and Professional, and their respective officers, officials, agents, partners, successors, executors, administrators, assigns and legal representatives are bound 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 sources 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, but 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 prior notice to City. [eb:msword:z:\law\e bass\my documentsXprofservicesXschneidcr.doc:l 1/12/99] 5 The Schneider Corporation Engineering Department 1999 7.6 Price Terms. Professional warrants and agrees that all of the prices, terms and warranties granted by Professional herein are at least as favorable to City as those offered by Professional to other customers purchasing the same or similar Services and/or additional services under the same material terms and conditions. 7.7 Force Majeure. 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, such as, by way of example and not by way of limitation, acts of God, actions by any governmental authority (whether valid or invalid), court injunction, fires, floods, windstorms, explosions, riots, natural disasters, wars, or sabotage; 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. 7.8 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. 7.9 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 [eb:msword:z:\law\e bass\my documents\profservices\sclmeiderdoc:l 1/I 2/99] The Schneider Corporation Engineering Department 1999 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 City at law or in equity. 7.10 Setoff. In addition to any right of setoff provided by law, all amounts due Professional shall be considered net of indebtedness of Professional to City; and City may deduct any amounts due or to become due from Professional to City from any sums due or to become due from City to Professional hereunder. 7.11 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. 7.12 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. City shall indemnify and hold harmless Professional 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 City and/or any of its employees, agents, outside sources, contractors or subcontractors in the performance of this Agreement. The failure to do so shall constitute a material breach of this Agreement. These indemnification obligations shall survive the termination of this Agreement. 7.13 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 Vietnam 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. [eb:msword:z:\lav,\c bass',my documentsxprofserviccs\schneiderdoc:l 1/12/99] The Schneider Corporation Engineering Department 1999 7.14 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. 7.15 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: PROFESSIONAL: City of Carmel One Civic Square Carmel, IN 46032 ATTN: Kate Boyle-Weese City Engineer (with a copy to the City Attorney, Department of Law, same address) The Schneider Corporation 3020 North Post Road Indianapolis, Indiana 46226 ATTN: Jay J. Vorisek Director of Transportation 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 five (5) business days from the date of such oral notice. 7.16 Effective Date. The effective date ("Effective Date") of this Agreement shall be the date on which the last of the parties hereto executes same. 7.17 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. 7.18 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. [eb:msword:z: ',law\c bass,my documents\pro fservices\schneider.doc: I I / 12/99] The Schneider Corporation Engineering Department 1999 7.19 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. 7.20 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. 7.21 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. 7.22 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. 7.23 Advice of Counsel. The parties warrant that they have read this Agreement and understand it, are fully aware of their respective rights, 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] [eb:nlsword:z:\law\e bass\nly docunlents\profsetwiccs\schneider.doc: 1 I/12/99] 9 The Schneider Corporation Engineering Department 1999 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety THE SCHNEIDER CORPORATION BY: James Brainard, Presiding Officer Date: M:eZ~urke'Eember' ? Billy W~er, Member Date: //'/q'.,~ BY: Au~S/ignat~ Printed Name: Title: P,,;'~.~-tv,-, of FID/~fi-I~. ,,q,5"-- It:> '//q ~ / Date: /////:~/ ATTE~(/'D~ , [eb:msword: z:\law\e bass\my docun~ents\profscrvices',schneider.doc: I I / 12/99]l 0 EXHIBIT A (Summary of The Schneider Corporation - Engineering Services) Prooosed Tasks 1. River Road Reconstruction at Prairie Trace Elementary School 2. Intersection Improvement at 106tn & Gray Road 3. Landscape Features at the Intersection of 116tn and Hazel Dell Parkway TOTAL Fee $ 42,970.00 $ 44,250.00 $ 3.500.00 $ 90,720.00 Schllcider Cor~ratioll Indianapolis, IN 46226-6518 www. theschneidercorp. com 1-800-898-0332 toHfree 317-898-8282 phone 317-899-8010fax August 5, 1999 Ms. Kate Boyle-Weese City Engineer City of Carmel 1 Civic Square Carmel, Indiana 46032 Re: Professional Services Scope of Work and Fee for River Road Reconstruction at Prairie Trace Elementary School Dear Ms. Boyle-Weese: The Schneider Corporation is honored to be the design consultant for the above referenced project. Please find enclosed our understanding of the project scope, the proposed fee and project schedule. In general the project will involve preparing construction plans and contract documents for the following: · Reconstructing approximately 2000 feet of River Road from the northern limits of the Prairie View Development to the northern property line of the Prairie Trace Elementary School. · Replacing an existing 3-sided concrete box culvert located approximately 700 feet north of the project beginning which carries River Road over an unnamed creek. · Landscaping the street median in a manner architecturally compatible with the existing median south of the project. · Constructing an asphalt or concrete sidewalk on the West Side of River Road to provide pedestrian connectivity of the adjacent subdivisions with the school. · Constructing an asphalt sidewalk on the East Side of River Road to provide a stream crossing for the Carmel-Clay Park's River Trail. We look forward to working with you and your staff to provide the citizens of eastern Carmel a safer, pedestrian friendly and aesthetically pleasing facility that will serve their transportation needs as the area reaches full development. Sincerely yours, encl. Formerly Schneider Engineering Corp. / Bohlen, Meyer, Gibson & Assoc. Offices in Indianapolis, Avon, Carreel, and Lafayette, Indiana A ATTACHMENT A SCOPE OF SERVICES Project Description The Project involves providing engineering services for the design and reconstruction of approximately 2000 feet of River Road in eastern Carmel. The Project involves the replacement of an existing 3-sided concrete box culvert, landscaping the proposed street median, and constructing an asphalt or concrete sidewalk on each side of River Road. Project Location The project begins at a point on the center of River Road approximately 350 feet south of the south line of Section 23 T18N-R4E and extends northeasterly approximately 2000 feet to the north property line of Prairie Trace Elementary School. Surveying Services The Consultant will perform a boundary, route, and topographic survey in accordance with Indiana Administrative Code: Title 865, Article 1, Rule 12. The topographic survey will include all visible features as well as subsurface utility locations within a corridor approximately 150 feet wide and extending approximately 250 feet beyond the anticipated project limits. The Consultant will provide Right of way engineering services that will involve preparation of right of way descriptions and exhibit drawings. Geotechnical Services The Consultant will perform a Geotechnical Engineering Study to determine the subsurface conditions in the area of roadway improvements. The findings will be used to develop recommendations for the design and construction of the project all of which will be included in a report submitted to the City. The Study will be in accordance with generally accepted practices for geotechnical investigations and in general accordance with the Indiana Department of Transportation's (INDOT) specifications titled "Requirements for Geotechnical Investigation and Pavement Investigation", dated January 1992. However, the work will not necessarily meet all of the requisite conditions of a typical INDOT investigation. Fieldwork will include 3 roadway soil borings advanced to a depth of 7.5 feet and 2 soil borings advanced to a depth of 25 feet near the proposed culvert for a total of 72.5 lineal feet of drilling. Additional hand borings or soundings may be performed in existing ditches in areas of proposed fill. Typical drilling will utilize hollow-stem augers to advance the borings. Split-spoon samples and Standard Penetration Test values will be obtained at 2.5-foot intervals for the full depth of the boring per ASTM Method D-1586. Groundwater levels will be measured during drilling, upon completion and when possible, approximately 24 hours after completion of the boring. Laboratory testing will include determining the natural moisture content and estimating the unconfined compressive strength of the cohesive soil using a calibrated hand penetrometer. Additional testing will include a California Bearing Ratio (CBR) test, Atterberg limit determinations, and loss-on-ignition (organic content) tests. The soil samples will be visually classified and a laboratory boring log will be prepared utilizing the field log and laboratory test data. The Consultant will prepare a report of the Geotechnical Engineering Study that will include all test boring logs, laboratory test data, recommendations for roadbed preparation and a generalized discussion of potential construction difficulties due to soil and groundwater conditions. The report will be organized as shown below. Executive Summary 1.0 Introduction 2.0 Project Information 3.0 Investigation Procedures 3.1 Field Work 3.2 Laboratory Testing 4.0 Site and Subsurface Conditions 4.1 Site Conditions 4.2 Subsurface Conditions 4.3 Groundwater Conditions GEOTECHNICAL REPORT OUTLINE 5.0 Conclusions and Recommendations 5.1 Basis 5.2 Pavement Design 5.3 Site Preparation 5.4 Site Grading, Structural Fill and Fill Placement Considerations 5.5 Special Construction Considerations Appendices Boring Location Map Test Boring Logs and Laboratory Data The Consultant will be available for consultation regarding Geotechnical issues as the project continues through construction. Design Services The Consultant will design the project in accordance with current City of Carmel Standards for Street Design, the Indiana Department of Transportation Design Manual, the American Association of State Highway and Transportation Officials' Policy on Geometric Design of Highways and Streets, and the Indiana Manual on Uniform Traffic Control Devices. The design, plans and contract documents will be prepared in Imperial units. The Consultant shall prepare preliminary construction plans for submittal to the City. Preliminary plans will encompass alignment and profile design, development of typical sections, cross sections, street drainage including culvert and storm sewer design, construction details, pavement marking and sign layout, and landscape design. Preliminary plans will also be submitted to government agencies with jurisdictional interest as well as utility companies. Upon submittal of preliminary plans, the Consultant will arrange and conduct a field check and utility coordination meeting at the project site. The Consultant will generally follow the INDOT Utility Coordination Procedure that includes reviewing utility relocation plans if required and making recommendations to the City. The Consultant shall prepare and submit a construction cost estimate to the City at the time of preliminary plan submittal and revise it for subsequent plan submittals. Final design will include minor to moderate changes to the preliminary plans and development of traffic maintenance plans and quantity summary tables. The design phase of the project will result in construction plans and contract documents for public bid letting. The Consultant will create an itemized proposal, write special provisions to the INDOT specifications as needed and assemble the contract documents and bid packet. The City will provide standard contract information. The City will also set the price for contract documents and plans and advertise the bid letting. The Consultant will provide copies of plans and contract documents to the City for sale as needed. The Consultant shall attend a pre-bid and pre-construction meeting. x'HiB fT A-- ATTACHMENT B FEE SCHEDULE Surveying Services This fee includes: $11,600 Boundary Survey Route Survey Plat Topographic Survey Right of way Engineering (Est. 5 parcels @ $270 each) Geotechnical Services $4,850 This fee includes: Fieldwork Laboratory Testing Report Geotechnical Gonsultation @ $70 per hour not to exceed $350 Design Services This fee includes: Preliminary Design Final Design Contract Documents Reimbursable Expenses not to exceed $2000 $26,520 Contract Total Not to Exceed $42,970 l , H"t B t-r- A ATTACHMENT C PROJECT SCHEDULE Task Begin Survey and Geotechnical Services Survey Complete Geotechnical Report Complete Begin Preliminary Design Submit Preliminary Design Conduct Field Check Complete Final Plans and Contract Documents Start Date Notice to Proceed 28 days Following Notice to Proceed 42 days Following Notice to Proceed Upon Survey Completion 42 days Following Survey Completion 14 days Following Preliminary Design 28 days Following Field Check and Preliminary Plan Approval The Schndder Corporation 3020 North Post Road Indianapolis, IN 46226-6518 www. theschneidercorp. com ~0-898-0332 toll free 317-898-8282 phone 317-899-8010 fax August 5, 1999 Ms. Kate Boyle-Weese City Engineer City of Carmel 1 Civic Square Carmel, Indiana 46032 Re: Professional Services Scope of Work and Fee for Intersection Improvement at 106th Street and Gray Road Dear Ms. Boyle-Weese: The Schneider Corporation is honored to be the design consultant for the above referenced project. Please find enclosed our understanding of the project scope, the proposed fee and project schedule. In general the project will involve preparing construction plans and contract documents for the following: Reconstructing the intersection of 106th Street and Gray Road as a roundabout. · Landscaping the roundabout median in effort to shield a petroleum pipeline valve pit. · Reconstructing an asphalt sidewalk in the northwest quadrant of the intersection to maintain pedestrian access to the nearby park. We look forward to working with you and your staff on this project. Sincerely yours, E encl. Formerly Schneider Engineering Corp. / Bohlen, Meyer, Gibson & Assoc. Offices in Indianapolis, Avon, Carmel, and Lafayette, Indiana ATTACHMENT A SCOPE OF SERVICES Project Description The Project involves providing engineering services for the design and reconstruction of the intersection of 106th Street and Gray Road as a roundabout. Project Location The project will extend approximately 300 feet along all 4 approaches from the intersection of 106th Street and Gray Road. Surveying Services The Consultant will perform a boundary, route, and topographic survey in accordance with Indiana Administrative Code: Title 865, Article 1, Rule 12. The topographic survey will include all visible features as well as subsurface utility locations within a corridor varying from 100 feet to 200 feet in width and extending approximately 200 feet beyond the anticipated project limits. The Consultant will provide Right of way engineering services that will involve preparation of right of way descriptions and exhibit drawings. Geotechnical Services The Consultant will perform a Geotechnical Engineering Study to determine the subsurface conditions in the area of roadway improvements. The findings will be used to develop recommendations for the design and construction of the project all of which will be included in a report submitted to the City. The Study will be in accordance with generally accepted practices for geotechnical investigations and in general accordance with the Indiana Department of Transportation's (IND©T) specifications titled "Requirements for Geotechnical Investigation and Pavement Investigation", dated January 1992. However, the work will not necessarily meet all of the requisite conditions of a typical INDOT investigation. Fieldwork will include 4 roadway soil borings advanced to a depth of 7.5 feet for a total of 30 lineal feet of drilling. Additional hand borings or soundings may be performed in existing ditches in areas of proposed fill. Typical drilling will utilize hollow-stem augers to advance the borings. Split-spoon samples and Standard Penetration Test values will be obtained at 2.5-foot intervals for the full depth of the boring per ASTM Method D-1586. Groundwater levels will be measured during drilling, upon completion and when possible, approximately 24 hours after completion of the boring. Laboratory testing will include determining the natural moisture content and estimating the unconfined compressive strength of the cohesive soil using a calibrated hand penetrometer. Additional testing will include a California Bearing Ratio (CBR) test, Atterberg limit determinations, and loss-on-ignition (organic content) tests. The soil samples will be visually classified and a laboratory boring log will be prepared utilizing the field log and laboratory test data. The Consultant will prepare a report of the Geotechnical Engineering Study that will include all test boring logs, laboratory test data, recommendations for roadbed preparation and a generalized discussion of potential construction difficulties due to soil and groundwater conditions. The report will be organized as shown below. GEOTECHNICAL REPORT OUTLINE Executive Summary 5.0 Conclusions and 1.0 2.0 3.0 4.0 Introduction Project Information Investigation Procedures 3.1 Field Work 3.2 Laboratory Testing Site and Subsurface Conditions 4.1 Site Conditions 4.2 Subsurface Conditions 4.3 Groundwater Conditions Recommendations 5.1 Basis 5.2 Pavement Design 5.3 Site Preparation 5.4 Site Grading, Structural Fill and Fill Placement Considerations 5.5 Special Construction Considerations Appendices Boring Location Map Test Boring Logs and Laboratory Data The Consultant will be available for consultation regarding Geotechnical issues as the project continues through construction. Design Services The Consultant will design the project in accordance with current City of Carmel Standards for Street Design, the Indiana Department of Transportation Design Manual, the American Association of State Highway and Transportation Officials' Policy on Geometric Design of Highways and Streets, and the Indiana Manual on Uniform Traffic Control Devices. The design, plans and contract documents will be prepared in Imperial units. The City will provide the Consultant with traffic data for design. The data will include peak hour traffic volumes for all tum movements. The Consultant shall prepare preliminary construction plans for submittal to the City. Preliminary plans will encompass alignment and profile design, development of typical sections, cross sections, street drainage, construction details, pavement marking and sign layout, and landscape design. Preliminary plans will also be submitted to utility companies. Upon submittal of preliminary plans, the Consultant will arrange and conduct a field check and utility coordination meeting at the project site. The Consultant will generally follow the INDOT Utility Coordination Procedure that includes reviewing utility relocation plans if required and making recommendations to the City. The Consultant shall prepare and submit a construction cost estimate to the City at the time of preliminary plan submittal and revise it for subsequent plan submittals. Final design will include minor to moderate changes to the preliminary plans and development of traffic maintenance plans and quantity summary tables. The design phase of the project will result in construction plans and contract documents for public bid letting. The Consultant will create an itemized proposal, write special provisions to the INDOT specifications as needed and assemble the contract documents and bid packet. The City will provide standard contract information. The City will also set the price for contract documents and plans and advertise the bid letting. The Consultant will provide copies of plans and contract documents to the City for sale as needed. The Consultant shall attend a pre-bid and pre-construction meeting. ATTACHMENT B FEE SCHEDULE Surveying Services $13,01 0 Included in this work: Boundary Survey Route Survey Plat Topographic Survey Right of way Engineering (Est. 4 parcels @ $270 each) Geotechnical Services $4,700 Included in this work: Fieldwork Laboratory Testing Report Geotechnical Consultation @ $70 per hour not to exceed $350 Design Services $26,540 Included in this work: Preliminary Design Final Design Contract Documents Reimbursable Expenses not to exceed $1750 Contract Total Not to Exceed $44,250 ATTACHMENT C PROJECT SCHEDULE Task Begin Survey and Geotechnical Services Survey Complete Geotechnical Report Complete Begin Preliminary Design Submit Preliminary Design Conduct Field Check Complete Final Plans and Contract Documents Start Date Notice to Proceed 28 days Following Notice to Proceed 42 days Following Notice to Proceed Upon Survey Completion 42 days Following Survey Completion 14 days Following Preliminary Design 28 days Following Field Check and Preliminary Plan Approval The Schndder Corporation 3020 l BIT' Indianapolis, IN 46226-6518 www. theschneidercorp .com 1-~]~898-0332 toll free 317-898-8282 phone 317-899-8010 fax October 13, 1999 Ms. Kate Boyle-Weese City Engineer City of Carmel 1 Civic Square Carmel, Indiana 46032 Re: Landscape Features at the Intersection of 116m St. and Hazel Dell Pkwy. Dear Ms. Boyle-Weese: Please find enclosed a scope of work and fee estimate for services to be performed in addition to the professional services for the River Road Reconstruction Project. We thank you for selecting The Schneider Corporation to provide these services. We look forward to working with you and your staff to complete the Hazel Dell Parkway Project. Sincerely yours, encl. Offices in Indianapolis, Avon, Carmel, and Lafayette, Indiana THE SCHNEIDER CORP Fax : 317-899-8010 Nov 1.0 '99 2:40 P.02 EXHIBIT A SCOPE OF SERVICES The Project revolves proviciix~g land~c m~hitcct ~vi~s oa m as ~~ Ms~ ~ ~nj~ctioa with t~ H~el ~11 P~kway ~oject, Services ~y m~h~ but m~ ~t ~d m ~~gs with City OfficiMs, p~ ~~gs, g~tk &sign, fm~ ~sig~ con~t doant pmp~ion, ~d shop ~w~ review. ~ Cky Engineer will d~ect s~ces, COMPENSATION The City wilt compen~te the Professional according to the rates listBd herein up to but not · too:re than the total sum of $3500. The City will not compensate file Professional for travel expenses within the Indianapolis IIle~~ are3, Description Hourly Rate Est~mt~l Hours Bstirrmted Total Project Mamaget Landscape Architect CADD Technician Mm~nistra~ve Assi~s, xR $85.1210 6 $ 5 10.00 $85.00 16 $104000 $65.00 20 $t300.00 $45.00 4 $ 180.00 $3030.00 Reimbursable Expenses 24"x36" copies $1.50 per copy 8,5"xl 1" copies $0.07 pe coFY 8.5"xl 1" color copies $0.90 per copy Travel $0-30 ~ mile 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 Date (Describe in detail in tenth hour units) Hourly one- Rate Hours Worked 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 $ 5O,OOO $ 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: Aggregate: $1,000,000 $1,000,000 City Carme'_ November 22, 1999. Jay Vorisek Director of Transportation The Schneider Corporation 3020 North Post Road Indianapolis, IN 46226 Dear Mr. Vorisek: On November 17, 1999, the Board of Public Works and Safety approved a contract to do business with your company. Enclosed is a copy of the signed agreement. Please review the enclosed sample invoice (Exhibit B of your contract). 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 call Clerk-Treasurer Diana Cordray at 571-2414 if you have any questions. Sincerely, Robin L. Butler Deputy Clerk Enclosure pc: Kate Boyle-Weese, City Engineer ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400 Carme'_ DEPARTMENT OF ENGINEERING June 13, 2000 Jay J. Vorisek, P.E. The Schneider Corporation 3020 North Post Road Indianapolis, Indiana 46226-65 18 11/7. RE: Additional Services # 1 Per Contract//03 19.97.02 - Dear Jay: As we discussed, the City of Carreel has a need for additional professional sen, ices m~d pursuant to our current contract with The Schneider Corporation, Contract # 1117.99.05, dated November 17% 1999, I have requested and received from you the proposed scope of services and fee estimates for the following work task: Additional Services #1: Hazel Dell Roundabout Signing/Striping Attachn~ent "A" Proposed Fee: $4,500.00 Per our contract procedural requirements, I hereby approve this "Additional Professional Services" estimate, and grant you the Notice to Proceed for the above services. Please be advised that work on the original, this and other Additional Services contracts should be billed on separate invoices, and be referenced to the appropriate Additional Services #. Thank you for your continued assistance in providing the City of Cannel with your professional, quality services. If you should have any questions, please give me a call. Sincerely, M. Kate Weese, P.E. City Engineer CO: Mayor James Brainard Doug Haney, Department of Law Diana Cordray, Clerk Treasurer Joe Staehler, Department of Administration Steve Engelking, Department of Conununity Services ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 o2441 The Schndder Corporation Indianapolis, IN 46226-6518 www.theschneidercorp .com 1-800-898-0332 toll free 317-898-8282 317-899-8010 fax May 19, 2000 Ms. Kate Boyle-Weese City Engineer City of Carmel 1 Civic Square Carmel, Indiana 46032 Re: Professional Services Scope - Hazel Dell Parkway Roundabout Signing and Striping Dear Ms. Boyle-Weese: The Schneider Corporation is honored to be the consultant for the above referenced project. Please find enclosed our understanding of the project scope and the proposed fee. In general the project will involve evaluating accident data, writing a short report that includes recommendations, and preparing construction details for striping and signing. We look forward to working with you and your staff on this project. Sincerely yours, Jay J. Vorisek, PE encl. Offices in Indianapolis, Avon, Carmel, and Lafayette, Indiana EXHIBIT A SCOPE OF SERVICES Project Description The project involves providing engineering services for the design of pavement markings and signs to improve safety and enhance the performance of roundabout intersections. Project Location The project location is the roundabout intersections of Hazel Dell Parkway with 126th Street and 131st Street. Design Services No controlled survey will be performed for this project. However, the locations and types of existing pavement markings and signs will be determined by field measurements. The precision used will be appropriate for this type of project. The Professional will design the project in accordance with current City of Carmel Standards for Street Design, the Indiana Department of Transportation Design Manual, the American Association of State Highway and Transportation Officials' Policy on Geometric Design of Highways and Streets, and the Indiana Manual on Uniform Traffic Control Devices. Other design guidelines may be used due to limited reference material on roundabouts specific to the State of Indiana. The Professional shall prepare a report that includes a summary and limited evaluation of accidents at the project location and recommendations for signing and striping. Upon approval from the City Engineer, construction plans will be developed for the project. The design and plans will be prepared in Imperial units. Contract document preparation is available but is not part of this scope of services. COMPENSATION The compensation to the Professional for services as set out herein shall be for the lump sum amount of $4,500. ~// Task Number THE SCHNEIDER CORPORATION ESTIMATE OF FEE FOR DESIGN SERVICES Jay Vorisek ~< -- Enter Person Preparing this podion of estimate Client Name: City of Carreel Name of Project: Hazel Dell Parkway Roundabout Improvements Location of Project: Hazel Dell Parkway at 126th Street and 131st Street Enter date that estimate was completed: $4,528.00 ~<=== Estimated Fee for Design Services File Name: J:\govt\trnsprtn\carmel\hzl_traf.xls Hours of effort rec uired for each task Total Project Project Cadd Hours by Manager Engineer Tech Admin List of Tasks Task $95.00 $75.00 $65.00 $45.00 Total Fee Per Task Report Incident Evaluation and Recommendations 32 8 8 Design Site Visit and Situation Survey 4.5 0.5 Layout Existing Geometrics 8.5 0.5 Prepare Marking and Sign Details 16.5 0.5 4 Revise Plans per City Review 2.5 0.5 Quantity Estimate 2 2 4 8 12 2 16 $2,080.00 $307.50 $557.50 $1,127.50 $167.50 $150.00 TOTALS FOR DESIGN = 34 1 7 26 REIMBURSABLES (based on 24x36) Est. # of Drawings in Plan Set Number of Sets to Agencies => Number of Sets to Utilities => Number of Sets to Client => Number of Sets to Contractors => Est. Number of Mylars Est. Number of 8.5 x 11 copies Est Number of 8.5 x.11 Color Copies Deliveries / Overnight / Shipping Est Number of Sets for Overnight => Est Number of Sets for Direct Courier => Travel & Perdiem Est Reimbursable Miles => Est Days of Perdiem => Estimate Total Total # of Unit Price Sheets 3 6 10 20 2 2 $1.50 $1.50 $1.50 $1.50 $12.00 $0.07 $0.90 $20.00 $25.00 $0.3O $65.00 Total Cost $9.00 $30.00 $24.00 $75.00 $138.00 $4,390.00 Total For Design => Reimbursables => Total Fee Design Services => $4,390.00 $138.00 $4,528.00 Prepared by The Schneider Corporation 5/19/00,2:23 PM, Page 1