Commonwealth Engineers, Inc.Engineenng Services ~
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement"), is hereby
made and entered into by and between the City of Carmel, Indiana, acting by and through its
Board of Public Works and Safety (hereinafter, "City"); and Commonwealth Engineers, Inc.
(hereinafter, "Pro fessional ").
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 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.
Commonwealth Engineers, Inc.
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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 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.
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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
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 the total sum of not more than $20,000.00.
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
Commonwealth Engineers, Inc.
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5.2
5.3
5.4
5.5
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.
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, which Court shall hold same until notified of a resolution
signed by both parties hereto or the entry of a final judgment thereon.
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.
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.
Commonwealth Engineers, Inc.
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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, 1998, 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
7.1.2
7.1.3
The obligation to provide 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.
The obligation to provide 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 All Services."
In the event of Agreement termination, and as full and complete compensation
hereunder, Professional shall be paid for all Services and/or additional services
rendered and expenses incurred as of the date of termination 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 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 fights 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
Commonwealth Engineers, Inc.
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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.
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
Commonwealth Engineers, Inc.
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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 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.
Commonwealth Engineers, Inc.
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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, attomey 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.
Both parties hereto agree to indemnify and hold harmless the other, 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
such party 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. This indemnification obligation 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
fight 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.
7.14 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.
Commonwealth Engineers, Inc.
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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:
(with a copy to the City Attorney,
Department of Law, same address)
Commonwealth Engineers, Inc.
7256 Company Drive
Indianapolis, IN 46237
ATTN: Don Silvey
Notwithstanding the above, City may orally notify Professional to cease all Services and/or additional
services and/or provide other notice pursuant to paragraph 7.1 hereinabove, provided that such notice
shall also then be sent as required by this paragraph within three (3) 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 Govemin~ Law: Lawsuits.
This Agreement shall be govemed by and construed in accordance with the laws of the State of
Indiana, except for its conflict of laws provisions, as well as by all ordinances and codes of the
City of Carmel, Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they
waive any 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. The parties further agree that, by mutual consent, they may, but
shall not be required to, engage in alternative dispute resolution procedures in an effort to resolve
any matters which arise regarding the interpretation of or compliance with this Agreement. The
use of such a procedure shall not be a prerequisite to, restrict, or interfere in any way with the
right of either party to file a lawsuit under or regarding this Agreement, or otherwise.
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 fights and/or remedies nor
in any way affect the rights of such party to require such performance at any time thereafter.
Commonwealth Engineers, Inc.
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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 mended, added to or subtracted from
except by an agreement in writing signed by both parties hereto and/or their respective
successors in interest.
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]
Commonwealth Engineers, Inc.
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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
COMMONWEALTH ENGINEERS, INC.
Billy W~,e~ber ~
Date: ~'--/~f//~
BY:
Signature
Title: )~R~s t D~'~ -F
Date: ~'~'to 77. / ~/~~
Commonwealth Engineers, Inc.
Engineering Services
Engineering
EXHIBIT B
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
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
~ND TOTAL
Signature
Printed Name
Commonwealth Engineers, Inc.
Engineering Services
Engineering
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:
Aggregate:
$1,000,000
$1,000,000
EXHIBIT A
Professional agrees to provide professional services for the design and preparation of
plans for miscellaneous sidewalk projects as directed by the City. Professional will provide
services on an hourly basis per the attached direct payroll rate schedule dated July, 1998.
Tasks may include, but not be limited to, survey, preliminary design, final design, meeting
attendance, preparation of plans and specifications, and construction administration. City
shall provide a project description and information including all right of way maps for each
project. An estimate of professional fees based upon the attached schedule will be
provided per Section 2.3, along with an agreed upon schedule for completion.
Commonwealth Engineers, Inc.
Attachment VI (7198)
COMMONWEALTH ENGINEERS, INC.
DIRECT PAYROLL RATE SCHEDULE
July, 1998 - July, 1999
EncJineerincl and Administrative
Rate Per Hour
Senior Project Manager
Project Manager
$50.41
$45.46
Senior Project Engineer
Project Engineer
$35.02
$24.90
Design Engineer, Grade 3
Design Engineer, Grade 2
Design Engineer, Grade 1
$27.29
$22.32
$17.34
Regulator/Permitting Specialist
Project Development
$31.71
$28.36
Grant Administrator
$19.00
CADD Tech, Grade 2
CADD Tech, Grade I
$18.36
$15.30
Administrative Assistant
Clerical, Grade 2
Clerical, Grade 1
$17.34
$16.22
$11.31
Construction
Resident Project Representative, Grade 3
Resident Project Representative, Grade 2
Resident Project Representative, Grade 1
$22.22
$18.37
$15.87
In order to arrive at the total billing rate, the above direct payroll rates shall be multiplied by factors of 40%
and 96% to account for payroll and general overhead costs respectively. In addition, a 15% profit level is
then added to arrive at total labor costs. This is a total multiplier factor of 3.16 times direct payroll rates.
Reimbursable Expenses
2.
3.
4.
5.
Travel from the office shall be at the then currently approved rate by the U.S. Internal Revenue
Service, presently $0.31 per mile, or actual out-of-pocket cost.
Actual cost of subsistence and lodging.
Actual cost of long distance telephone calls, telegrams, express charges, and postage, other than
first class mail.
Blue line prints at $0.50 per square foot.
Actual costs of special tests and services of special consultants (not used without specific written
consent of Owner).
It is agreed that the Owner will make payment of each invoice presented by Commonwealth within sixty (60)
days from the date of the invoice. Payments received after this time shall be subject to an interest charge
of 1% per month.
08/21/98 09: 47 FAX
DUCE~
ACEC/JralMa:sb & EcLennan, Xnc
800 Ma;keC St, S~e. 2600
St. LOUIS MO 63101-2500
PimneNo, 800-648-763_1 FazNo. 888-621-3173
INSURED
Commonwealth EngiAeers, Inc.
ATT~: Q. ~dwin Tinkle, IZ,PE
7256 Co=~any Drive
Indianapolis IN 4623?
~001
DATE IMM/OD,~Y) ~.
0e/21/ss .::.:
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POUClES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
A
COMPANY
B
COMPANY
C
COMPANY
D
Hartford Insurance Company
THIS I$ TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOB THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT Wrl'H RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE iNSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED 8Y PAID CLAIMS.
FOLICY EFFECTNE POMGY EXI~',ATION
co TYPE OF INSURANCE IN:lUCY NUMBER LIMffS
LTR DATE (MM/DDPr/) DATE (MM/DD/YY)
liP_NEPAL LIA!!'ILITY
A X COMMERCIALGENERALLIABIM"R' 84SBXDF512{ 11/01/97
::"::;!' L CLAIMS MADE E~3 OCCUR
.,::~ .. ;.
OWNER'S & CONTRACTORIS PROT
AUTOMOBILE LIABILITY
2C ANY AUTO
~ OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
z11oz/98
lIARAGE LIABILITY
Y AUTO
EXCF..S5 UABIUTY
X UMBRELLA FORM
OTHER THAN UMBRELLA FORM
84OIv~19947 11/01/97 11/01/98
WORKP=RS COMPENSATION AND
EMPLOYERS' LIAR;LIT/
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
PERS0NAI. & ADV INJU~Y
EACH OCCURRENCE
RRE DAMAGE (Any One fife)
MED 6XP (Any =he person)
92000000
"2000000
91000000
s1000000
"300000
=10000
848BXDF5124 11/01/97 11/01/98
COMBINED SINGLE LIMIT
BODILY INJURY
IPer parson)
BODILY INJURY
(l:h:r ac=ident)
8500,000
, INCL
EXCL 84WOVAQ6444
n/oz/97 n/oz/sa
PROPER'T~ DAMAGE
AUTO ONLY, EA ACCIDENT
OTHER THAN AUTO ONLY; ~::i :::: :.:i': :::::::::::::::::::::::::::::::: :::.::,ii
:,':,:': ' ',:'1:,': ': ':"::: ':':':: :":::
EACH aCCIDENT
AGGREGATE $
EACH &CCURRENCE e 5,000,000
A~REGATE 8 5,000, OOO
e. EACH ACCIDENT s 1, 000, 000
rr. LmS~Ss-PoL~cYuMrr s :L,O00,000
E. D~SEASE- EA EMFLOTEE e 1, 000,000
THE PROPRIETOR/
PARTNERS/EXECUTIvE
OFFICERS ARE:
OTHER
DccCRLIq'ION OF OPERATIONStI,,OCATION,rdVEHICL.~/'&PECIAL ITEMS
CERT HOLDER IS INCLUDED AB ADDITIONAL
BY T~E NAMED ~NSURED.
INSURED AS
RESPECTS W01~X pEI~ORMED
FAX #317-887-8641
0003536 2HOULDAIINOFTHEABOVEDEtCRIBfDP(3uCI=~BECANCmImBF'F'ORE'I'HE
EXPIRATION DATE THB%EOF, THE ISSUING I;OMPANY' WILL ENDEAVOR TO MAIL
30 DAYB WR.rTTEN NOTICE Tli TH~ CER'nFI CATE HOLDER NAMED TO THE LF..R',
City of Carme1
One Civ~u Square
Carme1 IN ~6032
~.CORD 25-S (1/9SI
BUT FAILURE TO MAIL SUCH NOTICE SHALL. iMPOSE NO OEUGATION OR LIANLITY
OF ANY KIND UPON THE COMPANY, ffS AGBI"I"S OR REPRBEIM"rA'I'!VE$.
AUTHORIZED RiiPR~ CL '
........... '." .": ....................: .............· ......................."~i~ht)'~b~P'0k~fid'N:'~9:
City
· ,~ ........CarlYle_
September 17, 1998
Don Silvey
Commonwealth Enginegrs, Inc'
7256 Company Drive
Indianapolis, Indiana 46237
Mr. Silvey:
On September 16, 1998, 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. You do not need to use this specific form, but we do
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.
We look forward to working with you.
Sincerely,
Rebecca L. Martin
Deputy Clerk
cc: file, dept
ONE CIVIC SQUARE CARMEL, INDIANA 46032 3 17/571-2400
September 24, 1998
Ci:y Carme_
DEPARTMENT OF ENGINEERING
Donald R. Silvey, P.E., Senior Project Manager
Commonwealth Engineers
7256 Company Drive
Indianapolis, Indiana 46237
RE: Additional Services Per Contract #0916.98.03
Dear Don:
We are looking forward to the commencement of our "on-call" contract for sidewalk design with your firrn. For
each group of projects, we will need to set up a separate work order, or "Additional Services" contract, pursuant
to section 2.3 of this contract, #0916.98.03. As we discussed, the City of Carmel has a need for additional
professional services for sidewalk design projects and therefore, I have requested and received from you the
proposed scope of services and fee estimates for the following work tasks:
Additional Services #1:
Engineering Services for the 1998 Sidewalk Committee - Total Fee $12,000
(Including survey, preliminary and final design, specification preparation, and
consultation at conunittee meetings)
Guilford Avenue, North of Main Street
· Gray Road, North of 1 ijdm~'gtreet
· Smokey Row Road, Tulip Poplar to Keystone
· Guilford Avenue, Adams to Main Street
Attachment "A"
As I understand, your time estimate for completion of site survey and preliminary design is 30 days after notice
to proceed; final design and bidding document preparation will be completed 30 days after the preliminary design
is accepted.
Per our contract procedural requirements, I hereby approve this "Additional Professional Services" estimate, and
grant you the Notice to Proceed on providing these services.
ONE CIVIC SQUARE CARMEL, 1NDIANA 46032 317/571-2441
Please be advised that work on all Additional Services contracts should be billed on separate invoices. Because
Additional Services # 1 includes four separate projects, we also ask that an estimated percentage of completion of
each project is included with each invoice. Thank you for your continued assistance in providing the City of
Carmel with your professional, quality services. If you should have any questions, please give me a call.
Sincerely,
D f //d-c
M. Kaie Boyle, P.E.
City Engineer
CC:
Mayor James Brainard
Doug Haney, City Attorney
Diana Cordray, Clerk Treasurer
Steve Engelking, Department of Community Services
Craig Parks, Assistant City Engineer
Dick Hill, Engineering Department
Rick McKinney, Sidewalk Committee Chairperson
COM I OI WEALTH
EIVGIIVEERS, INC.
September 22, 1998
Ms. Kate Boyle, City Engineer
City of Carmel
One Civic Square
Carmel, Indiana 46032
RE:
Sidewalk Design Proposal
Engineering Contract 0916.98.03
Dear Ms. Boyle:
Per the request of Mr. Craig Parks, Assistant City Engineer, we are pleased to make this proposal
for engineering services to design sidewalks for the folk>wing locations:
2.
3.
4.
Guilford Avenue, North of Main Street;
Gray Road, North of 106th;
Smokey Row Road, Tulip Poplar to Keystone; and
Guilford, Adams to Main Street.
Services are to include survey of the sites, preliminary design, final design, preparation of
specifications and bidding documents, and meeting attendance. The estimated man hours, by
classification, are as follows:
1. Senior Project Manager
2. Design Engineer 1
3. Cad / Technician 1
4. Clerical
Subtotal
Estimated Billable Cost
Estimated reimbursable expenses
Total estimated cost
8 hours @ $50.41 =
104 hours @. $17.34 =
94 hours @ $15.30 =
8 hours @ $11.31 =
$ 403.28
$ 1,803.36
$ 1,438.20
$ 90.48
$ 3,735.32
$11,803.71
$ 200.00
$12,000.00
The anticipated time of completion would be the completion of the site survey and preliminary
design within 30 days and upon approval of the preliminary design 'completion of the final design
and bidding document preparation within 30 days.
If there are any questions, please feel free to contact our office. We look forward to working with
the City and upon notification will schedule the manpower to initiate the work.
Very truly yours,
Senior ProjeLt Manager
7256 Company Drive
Indianapolis, Indiana 46237
(317) 888-1177
FAX (317) 887-8641
SEP 23"
L31: 38F'H COI'T'IOI'-I'-.IEALTH EriG II',tEE~,S
Length - feet
Survey
Design
Engineer
O~d /
Tec. hnici~n
Prellmlnary
Design
1998 Carreel Sidewalk Program
Commonwealth Engineers, Inc.
Estimated Man Hour Brcakdown
Guilford - Guilford - Gray Road
North South
49O
6,g Hours
6.9 Hours
Design
Engineer 1
Cad /
Technician
Finat Design
Engineer I
Cad /
Technician 1
Speclllcation
'Preparation
Design
Engineer
Meetings
Project
Manager
3,314 929
Smokey Row
Road
1640
30-5 Hours 10 Hours
30.5 Hours 10 Hours
3
16 Hours
16 Hours
3
2
2
To~I
63.2
63,2
18
12
Page I of 2
SEP 23 ' E'.E~ 01: 3EIF't'I CUH"IUN;,IE:ALTH Er,IG ]:HEEP, S
P. 3/3
1998 Carreel Sidewalk Program
Commonwealth Engineers, Inc.
Estimated Man Hour Breakdown
&
ASSUMPTIONS
FOR
MAN HOUR ESTIMATE
All fight of way information will be provided by City
Survey will take approximately one day per 1000 feet of sidewalk with one (1) hour travel
time each day and one (1) hour to dump the survey information to Auto Cad from the
survey for each section;
That a base specification will be useci with a~bid schedule set so that any single or
combination of sections couJd bB bid at one time; and
That a raised board walk will be used on at least part of the Smokey Row Road sidewalk
project;
Pag~ 2 of 2 '
City o'7 Carme'_
~N ~ DEPARTMENT OF ENGINEERING
December 8, 1998
Donald K Silvey, P.E., Senior Project Manager
Commonwealth Engineers
7256 Company Drive
Indianapolis, Indiana 46237
RE: Additional Services Per Contract #0916.98.03
Dear Don:
As we discussed, the City of Cannel has a need for additional professional services and pursuant to our
current contract with Commonwealth Engineers, Contract #0916.98.03, dated September 16, 1998, I have
requested and received from you the proposed scope of services and fee estimates for the following work
Additional Services #2:
Atmchxnent "A"
Right of Way Engineering for properties along Gray Road for
placement of sidewalk, tasks and corresponding costs are as follows:
Title Search -
Last deed of record, copy -
Land Plat Drawing -
Legal description -
Easement Staking -
Total =
$275 / each
$30 / each
$260 / each
$280 / each
$160 / each
$1005 / each
This Right-of-Way work shall be completed for the following
properties:
11511 Gray Rd.
11343 Gray Rd.
11333 Gray Rd.
PSI Substation
For a maximum not to exceed $4020
Per our contract procedural requirements, I hereby approve these "Additional Professional Services"
estimates, and grant you the Notice to Proceed on providing these services.
As I understand, your time estimate for completion of this work is 3 weeks from the date you receive this
Notice to Proceed.
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2441
Please be advised that work on all Additional Services contracts should be billed on separate invoices.
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. Ka~e'B~oyle-Wejse, P.E.
City Engineer
CC:
Mayor James Brainard
Doug Haney, City Attorney
Diani Cordray, Clerk Treasurer
Steve Engelking, Depamnent of Community Services
Craig Parks, Assistant City Engineer
Dick Hill, Engineering Department
COM, O EALTH
EN G INEER S, IN C.
September 25, 1998
Ms Kate Boyle, P. E., City Engineer
City of Carmel
One Civic Square
Carmel, Indiana 46032
Re:
Descriptions for the Out Lots
Sidewalk Project
Dear Ms BoyleE
In response to your request per Mr. Parks, we are pleased to offer our services for the following
alternatives, related to descriptions for easement or property acquisition for the Sidewalk Project:
1. Title Search with insurance $275~ each
2. Last deed of record-copy $ 30 leach
3. Land Plat Drawing $260 leach
4. Legal description ' $280 leach
5. Easement staking $160 leach
If you would chose to write the description or prepare a drawing off of the last deed of record we
would have to qualify our work that we could not warranty the description, since we could 'not
assure the accuracy of the last description.
If, and when you wish for use to do any of the above, we await your instructions. Thank you.
Very Truly Yours,
INC.
7256 Company Drive
Indianapolis, Indiana 46237
(317) 888-1177
FAX (317) 887-8641