Schmidt Associates, Inc.Schmidt Associates
Engineering Coordination Svcs.
Engineering
3.~~ ~ : o'~ APPRovE AS TO
AG~EMENT FOR PROFESSION~ 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, "Pro fessional ").
(hereinafter, "City"); and Schmidt Associates, Inc.
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 the professional services covered
by this Agreement which relate to the planning, design, construction, operation and/or
maintenance of City' s infrastructure systems; 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 as City may request in writing from time to time.
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 to City said Services.
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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 all of its terms and conditions.
2.3
Professional understands and agrees that City may, from time to time, request
Professional, on a non-exclusive basis, to provide additional professional services to
assist City in the planning, design, construction, operation and/or maintenance of its
infrastructure system. The scope of such 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 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 covered by this Agreement will conform
to all specifications, drawings, samples, instructions, directions and/or descriptions
provided to Professional by City or provided by Professional to and accepted by City, and
that such Services will be performed in a timely manner, in a good and workmanlike
manner and flee from defects.
2.6
Professional acknowledges and agrees that it knows of City's intended use and expressly
warrants that all 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 its 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 the Services and/or additional services as are reasonably
necessary for Professional to understand the specific Services and/or additional services
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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, City shall:
3.2.1 Furnish to Professional, upon request, such studies, reports and other available
data in City's possession that City considers reasonably pertinent to the Services to be
provided, and which Professional shall be entitled to rely upon in performing the 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
3.2.3 Make available to Professional for consultation, as needed, such individuals as are
necessary for Professional to provide the 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.
SECTION 4.
PROFESSIONAL'S RESPONSIBILITIES
4.1
Once requested by City, Professional shall provide, within five (5) business days
thereafter, a time and cost estimate and/or a request for specific information necessary to
provide same to City.
4.2
Once City has accepted Professional's time and cost estimate for the Services, such
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 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 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 $8,500.00.
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5.2
Professional shall submit an invoice to City no more than once every thirty (30) days for
Services provided City during the time period encompassed by such invoice. Invoices
shall be submitted on a form containing the same information as that contained on the
Professional Services Invoice attached hereto as Exhibit B, which is incorporated herein
by this reference. City shall pay Professional for all undisputed 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 the 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 Cannel, which Court shall hold such money 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 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 the 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 that are disputed by City and/or which constitutes an overpayment for such
Services.
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 the qualifications
of same. If City consents to such outside source, which consent shall not be unreasonably
withheld, Professional understands and agrees that any such outside source so hired shall
be an employee or contractor 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 services or use by Professional of outside sources. This
indemnification obligation shall survive the termination of this Agreement.
SECTION 6.
TERM
Subject to the termination provisions set forth in Section 7.2 hereinbelow, this Agreement
shall be in effect from the Effective Date through December 31, 1998, and shall
thereafter, on the 1st 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.
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SECTION 7.
MISCELLANEOUS
7.1 Termination.
7.1.1
7.1.2
7.1.3
The obligation to provide Services under this Agreement may be terminated by
City or Professional without cause upon thirty (30) days prior notice to the other
party.
The obligation to provide Services under this Agreement may also be terminated
by City for cause, or upon City's failure to appropriate monies sufficient to pay
for all of the Services to be rendered hereunder, 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 rendered and expenses
incurred to date of termination that are not in dispute, less any reasonable
attomey fees, costs and other damages incurred by City in the enforcement of its
termination fights hereunder. 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, parmers,
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
Professional shall in no fashion be deemed to be an employee of City. In this regard,
Professional and all of its agents, employees, contractors and outside sources are not and
shall not be employees of City. Furthermore, Professional shall have the sole
responsibility to pay to or for its agents, employees, contractors 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,
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benefits or otherwise by any agent, employee, outside source or contractor 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 and 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, promptly 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 similar 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, that 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, dots, natural
disasters, wars, sabotage, labor problems (including, but not limited to, lockouts, strikes
and slowdowns), inability to obtain power, material, labor, equipment or transportation;
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 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 from other sources at times requested by City and at the prices
set forth in this Agreement.
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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 and/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 as specified; (c) fails to make progress so as to endanger timely and proper
completion of the Services and does not correct such failure or breach within five (5)
business days (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 assigrmaent 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 same or similar 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.
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
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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 or contractors in the performance of
this Agreement, or otherwise. The failure to do so shall constitute a material breach of
this Agreement. This indemnification obligation shall survive the termination of this
Agreement.
7.13 Discrimination Prohibition.
Professional represents and warrants that it and each of its employees, agents, contractors,
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 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.
7.15 Notice.
Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to
this Agreement shall be in writing and either hand-delivered or sent by first-class U.S. mail,
postage prepaid, addressed to the parties at the following addresses:
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CITY:
PROFESSIONAL:
City of Carmel
One Civic Square
Cannel, IN 46032
ATTN: Kate Boyle
(with a copy to the City Attomey,
Department of Law, same address)
Schmidt Associates
Wil-Fra-Mar Building
320 E. Vermont Street
Indianapolis, IN 46204-2126
ATTN: Richard P. Roberts
Notwithstanding the above, City may orally notify Professional to cease all Services pursuant to
paragraph 7.1 hereinabove, provided that such notice shall also then be sent as required by this
paragraph within three (3) 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 Goveming 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 local laws, and all municipal
ordinances and codes of the City of Carmel, 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 fights and/or remedies nor
in any way affect the rights of such party to require such performance at any time thereamer.
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 Amreement.
This Agreement, together with any exhibits attached hereto or referenced herein,
constitutes the entire agreement between Professional and City with respect to the subject
matter hereof, and supersedes all prior oral or written representations and agreements
regarding same. Notwithstanding any other term or condition set forth herein, but subject
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to paragraph 7.14 hereof, to the extent any term or condition contained in any exhibit
attached to this Agreement conflicts with any term or condition contained in this
Agreement, the term or condition contained in this Agreement shall govem and prevail,
unless the parties hereto, or their successors in interest, expressly and in writing agree
otherwise. This Agreement may only be modified by written amendment executed by
both parties hereto, or their 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]
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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
BY:
SCHMIDT ASSOCIATES, INC.
Signature
Printed Name: Richard P. Roberts
Title:
Date:
ATTEST:
Dian~~urer
Date:
APF,'-14-1998 15:18 SCHMIDT ASS[CIATES, iNC. 317 263 622-4 P.02/05
April 14, 1998
,Y'N IBIT- A
SCHM1DT
ASSOC
Ms_ Kate Boyle
City Engineer
City of Cam~el
One Civic Square
Cannel, Indiana 46032
Re: Storm Sewer Coordination for Menon Trail
Dear Ms. Boyle:
Thank you for meeting with Rob to discuss your needs for our coordination with
Butler, Fainnan, and Senfete on the Storm Sewer Project adjacent to the Menon Trail.
This letter serves as oux Proposal for Engineering Coordination Services for this
Project.
Our understanding of your Project is as tbllows:
You am currently under contract with Butler, Fman, and Seu fert m design
a new storm sewer line from 126th Street to 1" Street Northwest.
TMs line will be located adjacent to the ~ture Monon Trail Project in the
proposed right of way.
The purpose for coontinating the Menon Trail Bid Documents with the Storm
Sewer Documents is the iyr. obable economy afforded the Ci.ty by unifying and
coordinating the bidding and construction process.
S chm idt Assoeiates proposes the fol low ing:
Scope of Sery._jces
Sclmidt Associates, Inc., wilt provide Bullet, Fairman, and Seufert with Plan
Drawings arid Borden, typical cross section (for reference) and a 95% set (for
reference).
Sclmlidt Associates, Inc., will develop the Specification Front End provided
by the City of Cannel and include a Bid Tab for the Butler, Fairman, and
Senleft work.
Sehmidt Associates, Inc., will provide printing of the Butler, Fairman, and
Seufert documents as a separate volume to the Bid Package.
V, tif-Fra .Mar B aildiag
320 East $rtrmont Street
lndianapofis', IN 4~
317.2d~.6226
317-2~3-6224 ~)
888-z~3-6294 (toO free)
xe~m~t~ay.ut fe-~)
www.~chmidt-auh.c~m
Wayne .$. $chmidt, Film
Ronald W. Fib'her,
Richard P. R~ert.t, RLA
Dean hi. Hling}vorlh.
Mfcha~ R. Ea,lgn.
John P, Vui&,t, AM
Robert J. Adams, RLA
Michael W. Engledow. AM
13ebra S. Fraz(en AIA
Mat7 Beth Hexnke
gris Kleintonight
Crete A. Kunee, AtA
Aqil A. Peerbhay, RA
Dartell G, Philljp~, ?E
Btenda S. Roger
Marc A. Rape. PE
Jeffrey A. Reed, PE
3'teven L 8chm, cher. AIA
Bitrid G. Shuck, PE
Keyin D. Stuehvisch, RA
Joints E. B~Itiarns, Pg
~PE~14-199~
15:18 SICHHIDT ASSECIATES, INC.
( rWl .l- A,
Sewer Line Coordination fbr M~non Trail
Letter ~ Ms, Kate BoyW
April 14, 1998
Pag= 2
263 6224
P.03/85
Schmidt Associates, Inc., wilI coordinate document distribmion and be the
single point f~>r contractor questions during bidding (Schmidt Associates, Inc.,
will direr questions related to Volume 2 to Butler, Fairman, and Seufert).
Schmidt Associates, Inc., will di~ldbute all Addendum items.
Schmidt Associates, Inc., will coordinate and run the pre~bid and pre-
construction meetings.
Sctm~idt Associates, Inc., will provide a coordination point during
construction for a shop drawing submittals and coatTact. or field que~stions.
We have incorporated the following assumptions regarding Bullet, Fainnan, and
Scufert's role in this Project:
Butler, Fairman, and. Seufert will prepare mxd ce~il~r all documents pertaining
to the Storm Sewer Project as per their existing agreement with the City of
Carmel.
Butler, Fairman, and Seufert will prOare and issue, through Schmidt
Associates, Inc., all related Addendum Documents.
Butler, Fainnan, and Seufert will answer Contxaetor'-~ questions pertaining to
the Storm Sewer Proj~gt during bidding and observation.
Butler, Fainnan, and Seufert will handle all permR requirements related to the
Storm Sewer Project to the ~xt~nt of their contract with Cannel.
Butler, Fairman, and Seufert will provide construction observation for the
Storm Sewer Project to the ext~nt of d~eir contract with Cannel.
Butler, Fairman, and Seufert will participat= in ~e pre-bid and pre-
constructing meetings to the extent of their contract with Carreel.
It is the intent of all parties a.smciatcd with this Contract to provide efficiency and cost
savings for the Owner by having a single sourc~ contractor coordinate and/or provide
services associated with the construction of the Menon Trail and the new ~torm sewer
line. It is not the intent of this Agreement to imply any c~ntxa~ial and/or consulting
relationshil:,s between ,Schmidt Associates, Inc., and Butler, Fairman, and Seufert for
these identified Projects.
Architgctur~
Engineering
Interior Pe~dgn
AP.R-14-1998 15:19 S~:HN]DT RSSO:IRTES, INC. 317 263 6224 P.04/05
Sewer Lino Coordination for Morton Trail
Letter to Ms. Kate Boyle
April i 4, 1998
Page 3
A ~ Con~nue~ )
Fee E~m~e
Our fee to provide the illustrated services is $8,500.00, That fee breaks down to
81,500.00 (14 hours) for coordination and document preparation prior to bidding,
$3,500.00 (60 hours) for all Bid Doe. ument distribution, bidding coordination and
assistance, and $3,500.00 (50 hours) rot shop drawing distribution and contractor
coordination. Reimbursables am defined as any hard copy drawings tbr Butler,
Fainnan, and Seafez't, 95% review print set and Bid Dosument printing and will be
billed at cost times 1.10, Approved additional s, en,,ic~ will be billed as per the
attached Rate Schedule.
Schedule
The schedule for the Project will track consistently with the Morton Trail Project and
the previously defined schedule for this Project.
With bes~ regard.5,
RiCbar(P. Robots, ~A
Managing Pa~
P~btf
ARachment: Hourly hte Scl~dule
Copy: Debit Seif¢~
B~nda ~g~
File
Engintering
Interior Dnign
Landscape Architecture
RPR-~4-~ggB ~5:~9 S:~__-H~I]DT RSSD~IRTES~ ~NC:. J~? 26~ E,22~ P.05./05
Hourly Rate Schedule
CEO/Managing Partner time at the fixed rate of two hundred ($200.00) dollars
and no/100 per hour. Thg GEe is Wayne S. Schmidt, FAIA. The Managing
Partners are Ronald W. Fisher, AIA; and Richard P. Robeas, RLA.
Professional Partner time at the fixed rate of ox~e hundred and fifty ($150-00)
dollars and no/100 per houx. The Professional Partners are Dean M. Iltingworth,
A1A; Michael R- Eagan, AIA; and lohx~ P. Voigt, AIA.
Associate limb at the fixed rate of one hundred and thirty-five ($135.00) dollars
and notl00 per hour. The Associates are Donald R. Able. AIA; Seeyen K,
A!spatlgh, AIA; Mary Ellen Wolf, RA; and Keyin D. Shelley, AIA.
Projet Manager time at the fixed xate of one hundred and ten ($110.00)
dollars and no/100 per l~ur.
Archlte~t I E~tgiueer / Interior Deslg!ter I Landscape Architect time at
the fixed rate of ninety-five ($95.00) dollars and notl00 per hour.
Graduate Architect / Project Designer I Tedmical Resources Coor_mnator /
Construction A~mintstratio~a time at the fixed rate of eighty ($80.00) doUars
and nell 00 per hour.
Administrative time at the fixed rate of fifty ($50.00) dollars and no/leO per
hour.
Intern time at the fixed rate of forty-five ($45.00) dollars and no/100 per hour.
The above charges include payroll expenses, taxes, insurance, overhead and
profit, local telephone.
Staffing I equipment selection shall be at The discretion of Schmidt Assx~ciates, Inc.
CONFIDENTIAL . not for un. authorized distribution.
Ej~ctive January. 1, 1998
SCHMIDT
Wa-Fra-Mar Building
120 East Vermont Street
Indianapolis, IN 44204
317-263-~226
3I~'-2~3-6224 qax)
Wayne S. Schmidr, FAIA
Ranaid W. Fisher, AIA
Rib'hard P. Robert.t RLA
Dean M. lllingworth. AJA
Michael !1. Eagan. AJA
John P. Voigt, AIA
Donald · Able, AIA
Seeyen K. Alxpaugh. AIA
John D, Camden. PE
Kevin D. Shelley, AIA
Mary Ellen Wolf, RA
Robert i. Adam, RLA
Mit'hael 1E. eagle~w, AtA
Mar~ Beth ttanlre
LOuis Z Huebt~ AIA
AqH A. Peerbhoy, RA
Jeffrq A. Reed, PE
Seeyen L. 5Chatchef. AIA
David G. Shuck, PE
K~in O. Stuckitch. ~
Tanner D. Un~ood, ~
Englnesring
Interior DtMin
Lanhcape Architecture
TOTAL P.I~5
Schmidt Associates
Engineering Coordination Svcs.
Engineering
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
Schmidt Associates
Engineering Coordination Svcs.
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:
$2,000,000
$2,000,000
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
$2,000,000
$ 10,000
Professional Responsibility Insurance:
Per Occurrence:
Aggregate:
$2,000,000
$2,000,000
May 27, 1998
Richard P. Roberts
Schmidt Associates
Wil-Fra-Mar Building
320 East Vermont Street
Indianapolis, Indiana 46204-2126
Mr. Roberts:
On May 20, 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 that you submit all information requested on the sample 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
ONE CIVIC SQUARE CARMEL. INDIANA 46032 317/571-2400
June 27, 2000
City of Carmel
DEPARTMENT OF ENGINEERING
Board of Public Works and Safety
One Civic Square
Cannel, IN 46032
Dear Board Members:
On April 5th, 2000 the Board of Public Works and Safety granted me the authority to approve change orders
for certain projects, with a maximum limit of 5% of the project cost. This authority was granted with the
understanding that I would then bring forth these change orders to gain the Boards concurrence of approval
on a monthly basis. With this approval, I was granted the authority to approve change orders up to
$30,633.33 on the Monon Trail/Offsite Storm Sewer project.
In accordance with the Board' s decision on this matter, I hereby submit Change Order number 1 for the
Monon Trail portion of this project. These changes increase the project cost by $24,469.00, resulting in a
new total contract price of $648,243.14. The majority of this cost is due to due to the addition of landscaping
made on the project. The remaining cost is due to several minor additions made along the trail.
Therefore, I ask that the Board concur with my approval of this change order as described above.
~ely, ~ C/L)~k~
M. Kat; e~es~, P.E.
City Engineer
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2441
Transmittal
TO:
PHONE:
FAX PHONE:
FROM:
DATE:
PROJECT:
PROJECT #:
COPY:
Mr. Rick Brost
Fox Contractors
8777 Purdue Road, Suite 231
Indianapolis, IN 46268
317.334.1956
Craig Flandermeyer
June 19, 2000
Monon Tr~I
Carmel, Indiana
96080
John Lester, Carreel/Clay Parks & Recreation
Craig Parks, City of Carmel Engineering
file
1 Change order 1, Contract B
ASSOCIATES
Architecture
Engineering
Interior Design
Landscape Architecture
WiI-Fra-Mar Building
320 East Vermont Street
Indianapolis, IN 46204
317-263-6226
FAX 317-263-6224
schmidt@indy.net
TRANSMITTED: I
__ by messenger/courier
__x by mail
__ by FAX
__ by delivery service
__ by overnight service
__ for approval
__ for your use
__ for your information
x__ for your response
For your review and signature. Please forward to Craig Parks @ City of Carmel Engineering.
[] PLEASE NOTIFY US IF THE ENCLOSURES ARE NOT AS NOTED ON THIS FORM.
CONFIDENTIALIP{ NOTICE: The documents accompanying this telecopy ramsmission contain confidential information belonging to the sender, which is legally
privileged. The information is intended only for the use of the individual(s) or entity named above. If you are not the intended recipiem, you are hereby notified that any
disclosure, copying or dlsrdbution of this telecopied information is strictly prohibited. If you received this telecopy in error, please notify us by telephone at the number
above to arrange for nemrn of the original documents to us.
T:\96080\061900 fox trans. WB2
19-Jun-00
TO:
Fox Contractors
8777 Purdue Road, Suite 231
Indianapolis, IN 46268
CITY OF CARMEL
CONTRACT CHANGE ORDER NO.: 1
DATE: June 19, 2000
PROJECT NAME: Contract B, Carmel/Clay
Monon Trail
CITY REQ. NO.:
CITY PO NO.:
CITY PO DATE:
I. You are directed to make the following changes in this Contract:
Changes in Scope of Work as described in Contract B, Request for Proposal 1 dated
March 8, 2000, Request for Proposal 2 dated May 2, 2000, and Letter to Kyle Miller/SAI
dated June 1, 2000 (Tree plantings at Street department). RFP 2, Item 14 was
subsequently modified changing all thermoplastic markings on the Project to traffic paint
per INDOT specifications; the remainder of Item 14 is unchanged.
SCHEDULED ADJUSTMENT
ITEM AMOUNT (+) OR (-) DAYS
II. The following referenced Documents further describe the changes outlined in Paragraph I,
and are to be considered a part of this Change Order: R.F.P.: l&2 W.D.C. No.:
Other: Letter to Kyle Miller/SAI dated June 1, 2000.
The changes result in the following adjustment of Contract Price and Contract Time:
Contract Price prior to this Change Order $ 235,885.01
Contract . ~__~ h~ han Order $ 24~469.00
Price wfil be ~ncrease~ by t s C ge
New Contract Price including this Change Order $ 260,354.01
Contract Time Prior to this Change Order 180 Days April 24,2000 Completion Date
Net increased/decreased resulting from this Change Order 6__0 Days
Current Contract Time including this Change Order 240 Days June 23, 2000 Completion Date
This Change Order is for full and final settlement of all direct, indirect, impact costs and time
extensions incurred at any time resulting from the performance of the changed work.
The Above Changes Are
Recommended
Schmidt Associates, INC.
ENGINEER
320 E. Vermont Street
Address
Indianapolis, IN 46204
City/State/Zip
Phone: 317.263.6226
Date: June 19, 2000
The Above Changes Are
Accepted:
Fox Contractors, INC.
CONTRACTOR
8777 Purdue Rd., Suite 231
Address
Indianapolis, IN 46268
City/State/Zip
Rick Brost
Approved: ~
\~ ~/~, er
Bill~ ~Talker, Member
Treasurer
TO:
Fox Contractors
8777 Purdue Road
Suite 231
Indianapolis, IN 46268
CITY OF CARMEL
REQUEST FOR PROPOSAL No. 1
DATE: March 8, 2000
PROJECT NAME: Contract B
Carmet/Clay Morton Trail
SAI PROJECT NO.: 96080 4.4.1
Specification Reference: See Attached Descriotion of Changes
Drawing Reference: See Attached Drawing Date:
Identification of Attachments: Cannel/Clay Monon Trail -Contxact B
Description of Proposal Request No. 1 Items.
See Attached
Please submit within ten (10) calendar days of this request date a proposal showing increase. decrease or no
change in Contract Price and/or Contract Time. Proposal shall be accompanied by four (4) copies of breakdown
showing quantities, cost of material, equipment, labor, overhead, profit and basis for the additional time if any.
DESCRIPTION OF PROPOSED CHANGE COVERED BY THIS REQUEST:
(See AEached)
REASON FOR CHANGE: Changes in Project Scope
SPECIAL INSTRUCTIONS:
THIS REQUEST DOES NOT AUTHORIZE YOU TO PROCEED WITH THE ABOVE WORK NOR STOP
PREVIOUSLY SCHEDULED WORK. Upon approval a Contract Change Order and a Notice To Proceed will
be issued.
Please state in your proposal the effect the acceptance of this Request will have on the Project's Substantial
Completion and Final Completion, if accepted within days of proposal due date.
YOUR PROPOSAL DUE D March 18, 2000
By: '~nee~'~
· neer: Kyle E. Miller, P.E.
Schmidt Associates, Inc.
320 East Vermont Street
Indianapolis, IN 46204
Date:
Approved By:
City of Carmel Date:
Board of Public Works and Safety
CITY OF CARMEL
CARMEIdCLAY MONON TRAIL
CONTRACT B
DESCRIPTION OF PROPOSAL REQUEST No. 1 ITEMS
Item 1: Per the Contractor's request, raise the two inlets and the stonn sewer 3 feet in the parking lot
shown on sheet C301 as directed in a memo from Schmidt Associates dated January 7, 2000.
Item 2: Per the Owner's request, revise layout of parking lot as shown on the revised sheet C301A dated
January 27, 2000.
Item3: F~rc~ari~cati~n~fc~n~ictinginf~rmati~nbetweenp~ansheetC2~2anddetai~2/C3~~~~ndetai~
2/C30 I, change the scope of work on the north side of Gradle as follows:
2.
3.
4.
Delete the two brick bollards, note 13.
Add two additional wood bollards, note 4, in place of the deleted brick bollards.
Locate these outside of the gravel shoulder, evenly spaced with the other wood
bollards.
Extend the asphalt trail, gravel shoulders and striping south approximately 10
feet and connect to Gradle Drive. Full depth surface asphalt may be used since
this area will become brick paving in the next phase.
Add the Identity Sign on the north side of the road, note 7.
Item 4: Per the Contractor's request, delete the re-bar from curb details 6/C401 and 7/C401 and change the
section to INDOT's Standard Barrier Curb with fiber mesh reinforcement.
Fox Contractors Corp.
5430 W. Ferguson Road · Fort Wayne. Indiana 46809-9612
Ft. Wayne (219) 747-7461 · Fax (219) 747-7717
Indpls. (317) 334-1956 · Fax (317) 334-1967
An Equal Employment Opportunity Employer
March 24, 2000
Kyle E. Miller, P.E.
Schmidt Associates
320 East Vermont Street
Indianapolis, IN 46204-2126
RE: Project #98-14; Contract B, Carmel/Clay Monon Trail; RFP #1
Dear Kyle,
This letter is in response to your RFP #1 dated March 7, 2000 for the
above referenced project. Following is the break down for each item requested.
Description Increase Decrease
Item #1 $ 240.00
Item #2 $4540.00
Item #3 $ 680.00
Item ~ $1245.00
Item #5 $1650.00
Totals $6190. O0 $2165. O0
The net increase for this RFP is $4,025.00. Item #5 is the additional
mobilization that Calumet Asphalt requested and which was approved by Craig
Parks last fall due to having to leave off the surface layer of asphalt on the
southern portion of the trail because of the fiber optic company in that area. We
also request that 17 calendar days be added to the contract completion date
due to the design change of the parking lot area and the additional work that is
associated with it.
If you have any questions, please call me at 334-1956.
Sincerely,
Rick Brost
TO:
Fox Contractors
8777 Purdue Road, Suite 231
Indianapolis, 1N 46268
CITY OF CARMEL
REQUEST FOR PROPOSAL NO: 2
DATE: May 2, 2000
PROJECT NAME: Contract B, Carreel/Clay Monon Trail
PROJECT NO.: 96080 4.4.1
Specification Reference: See Attached Description of Chan~:es
Drawing Reference: See Attached Drawing Date: See Attached
Identification of Attachments:
Carmel/Clay Monon Trail - Contract B
Description of Proposal Request No. 2 Items
Please submit within fifteen (15) calendar days of this request date a proposal showing increase, decrease or no
change in Contract Price and/or Contract Time. Proposal shall be accompanied by four (4) copies of breakdown
showing quantities, cost of material, equipment, labor, overhead, profit and basis for the additional time if any.
DESCRIPTION OF PROPOSED CHANGE COVERED BY THIS REQUEST:
(See attached)
REASON FOR CHANGE: Changes in Project Scope
SPECIAL INSTRUCTIONS: NA
THIS REQUEST DOES NOT AUTHORIZE YOU TO PROCEED WITH THE ABOVE WORK NOR STOP
PREVIOUSLY SCHEDULED WORK. Upon approval a Contract Change Order and a Notice To Proceed will
be issued.
Please state in your proposal the eftYet the acceptance of this Request will have on the Project's Substantial
Completion and Final Completion, if accepted within __ days of proposal due date.
YOUR PROPOSAL DUE DATE: May 17, 2000
By:
Engineer Craig Flandermeyer, RLA Date
Schmidt Associates, Inc.
320 E. Vermont Street
Indianapolis, IN 46204
Approved By:
Owners Representative
CITY OF CARMEL - CARMEL/CLAY MONON TRAIL
CONTRACT B
DESCRIPTION OF PROPOSAL REQUEST NO. 2 ITEMS
Item 1:
Delete yellow paint stripe that extends down the centerline of the asphalt trail at each intersection.
Replace with 4" wide red paint stripe per specifications to run continuous the length of the trail. Paint
stripe shall stop at the concrete "eybrows' with circular stripe around removable bollard location per
attached detail dated 5.2.00.
Item 2:
Delete (21 ) collapsible bollards per specifications. Replace with (9) Fairweather removeable bollards,
Model No.: B4-5BL 36" Height, two reveals to be at top, no reveal at bottom, reflective tape installed
by manufacturer in two reveals, lock well cover, Color: Cardinal red
Item 3: Delete (16) 6" x 6" steel bollards, 2 at each intersection; install (16) 6" x 6" wood bollards per detail 2,
C403. (Refer to PR No. 1 for bollard changes at Cradle.)
Item 4: Provide credit for substituting galvanized chainlink fencing and posts to match existing on site in lieu of
PVC coated as called for on plans for west side of trail approximately station 183+30.
Item 5: Provide additional 18 LF of two rail guardrail: 10 LF @ station 180+62 and 8 LF at Depot parking area
to close gaps (net add after mlocation of guardrail per field order 1 dated April 25, 2000).
Item 6: Install turtle plaque (8" wide x 6" tall), plaque to be cast aluminum with black background, text as
supplied to ASI Signs 4.25.00. anchor to limestone boulder in location approved by Architect/Engineer.
Item7: Install(2) tunnel signs (14" x S.5"), graphic and text per included graphic.
Item 8: Print trail roles text as supplied by Architect/Engineer on street side of all stop signs. Print "Yield"
graphic on back of all other traffic signs that had been blank.
Item 9:
Provide modified stop sign in (4) locations: 2 @ Main Street, 1 @ south side of 2"a Street SW, and 1
@ Gradle. Modified sign shall be double post and include 3 slats each for dimctional signs. Directional
information shall be printed on both sides of slat, text for directional signs to be supplied by
Architecl/Engineer.
Item 10: Delete small locking bulletin board and (2) graphic panels from Community Information Board. Install
aluminum cover on back of board painted white.
Item 11: Provide (48) Rudbeckia fulgida 'Goldstrum' at locations specified on revised Depot planting plan dated
April 25, 2000.
Item 12: Provide additional planrings per graphic "A' dated April 26, 2000.
Item 13: Provide additional planting per graphic "B" dated April 26, 2000.
Item 14: Clarification of Pedestrian crossing sign locations and pavement markings as called out on detail
1&2/C302. Sign graphics shall be W11-2 and W11A-2 per attached detail. Crosswalk striping shall be
white thermoplastic (to match PED XING) 24" wide longitudinal stripes 48" C.C., 10' width centered
on concrete "eyebrows".
1st Street NVq: East approach (1) W11A-2 @ NW comer of intersection, stripe crosswalk, West
approach per detail 1/C302
Main Street: Per detail 1/C302, no crosswalk striping, coordinate east approach sign locations with
street department.
1st Street SW: Per detail 1/C302, stripe crosswalk.
2na Street SW: East approach (1) W11A-2 @ NW comer of intersection, stripe crosswalk, West
approach per detail 1/C302.
Totals: (8) W11A-2, (6) WI 1-2, (6) Locations "PED XING', (3) Striped crosswalks
Fox Contractors Corp.
5430 W. Ferguson Road · Fort Wayne, indiana 46809-9612
Ft. Wayne (219) 747-7461 · Fax (219) 747-7717
Indpls. (317) 334-1956 · Fax (317) 334-1967
May 31, 2000
An Equal Employment Opportunity Employer
Kyle E. Miller, P.E.
Schmidt Associates
320 East Vermont Street
Indianapolis, IN 46204-2126
RE: Project #98-14; Contract B, Carmel/Clay Monon Trail; RFP #2 REVISED
Dear Kyle,
This letter is a revision in response to your RFP #2 dated May 2, 2000 for
the above referenced project. Following is the break down for each item
requested.
Description Increase Decrease
Item # 1 $1660,00
Item # 2 $3585,00
Item # 3 $ 640.00
Item # 4 $ 45.00
Item # 5 $ 300.00
Item # 6 $ 355.00
Item#7 $ 175.00
Item # 8 $ 940.00
Item # 9 $1053.00
Item #10 No Change
Item #11 $ 390.00
Item #12 $4125.00
Item #13 $2625.00
Item #14 $ 775.00
Item #15 $ 850.00
Item #16 $3285.00
Item#17 $ 261.00
Totals $20379.00 $ 685.00
The net increase for this RFP is $19,694.00.
Item #14 is revised to change all pavement markings to paint from
thermoplastic and still includes the 2 revised pedestrian signs on Main
Street.
Item #15 is the addition of the concrete at the turtle mosaic.
Item #16 is the additional paving width that was requested by the City at
two locations, the repair of the approach at Sta. 159+60, and additional
pavement required at the parking lot area.
Item #17 is the additional 2-rail fence that was requested 5/9/00.
We also request that 15 calendar days be added to the contract
completion date due to the delay in receiving the bollard receivers and the
additional work that is required.
If you have any questions, please call me at 334-1956.
Sincerely,
Rick Brost
Cc: Craig Parks, City of Carmel
Fox Contractors Corp.
5430 W. Ferguson Road · Fort Wayne, Indiana 46809-9612
Ft. Wayne (219) 747-7461 · Fax (219) 747-7717
Indpls. (317) 334-1956, Fax (317) 334-1967
An Equal Employment Opportunity Employer
June 1, 2000
,Schmidt Associates
320 East Vermont Street
Indianapolis, IN 46204-2126
RE: Project #98-14; Contract B, Carmel/Ciay Monon Trail
Dear Kyle,
This letter is to request that $750.00 be added to the upcoming change
order for 9 trees that we planted for the above referen(;~sd projecL This work was
done on a time & material basis and was approved by Craig Parks. Also there
was several inlets that were added in the spring that will need to be added to the
upcoming change order also. Mr. Parks is awere of these inlets & miscellaneous
pipes.
If you have any questions, please call me at 334-1956.
Sincerely,
Rick Bfost
Cc: Craig Parks, City of Carmel