Farrar, Garvey & Associates LLC APPROVED. AS TO
FG & Associates, LLC
c c+ BY:
AG~EMENT FOR PROFESSION~ SERVICES
THIS AG~EMENT FOR PROFESSION~ SERVICES ("Agreement"), is hereby made
$d entered into by ~d be~een the City of C~el, Indiana, acting by ~d t~ough its Board of
Public Works $d Safe~ (hereinaRer, "City"); and F~ar, G~ey & Associates, LLC (hereinaRer,
"Professional").
ECIT~S
~EEAS, City owns ~d is responsible for its public works, which responsibility includes,
by way of illustration ~d not by way of limitation, the plying, desi~, construction, operation and
maintenance of the City's in~astmctae system; $d
~EEAS, ~om time to time, City needs professional se~ices to assist it in effectively $d
efficiently fulfilling its Bregoing responsibilities; and
~EEAS, Professional is experienced in providing the professional se~ices covered by
this A~eement which relate to the plying, desi~, construction, operation ~or mainten~ce of
City' s inCastructure systems; ~d
~EEAS, City desires to engage Professional as ~ independent contractor Br the pu~ose
of providing to City, on a non-exclusive basis, the professional se~ices referenced herein; ~d
~EEAS, Professional is qualified and desires to provide City with such professional
se~ices as City may request in writing ~om time to time.
NOW THEEFOE, in consideration of the Bregoing recitals and the covenants $d
conditions set B~h herein, City ~d Professional mutually agree as Bllows:
SECTION 1. ~CO~O~TION OF ECITALS.
The Bregoing recitals are hereby inco~orated into this A~eement ~d made a
paa hereof.
SECTION 2. SCOPE OF SERVICES.
2.1 City desires to engage Professional as ~ independent contractor Br the professional se~ices
("Se~ices") set Bah an~or described in Exhibit A, as attached hereto and inco~orated
herein by this reference. Professional desires to provide to City said Se~ices.
2.2 Professional ~derstsds $d a~ees that, no~ithstsding anShing to the contra~ set
herein, no Se~ices of any kind shall be provided by Professional under or p~suant to this
Agreement until Professional receives a written notice to proceed ~om City, and that no
compensation will be due or paid to Professional by City Br any Se~ices perB~ed prior to
the date on which such notice to proceed is provided to Professional by City.
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2.3
Professional acknowledges that it has read and understands this Agreement, and that
Professional's written acceptance and/or provision of any Services hereunder shall constitute
Professional' s acceptance of this Agreement and all of its terms and conditions.
2.4.
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, in writing, 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 flame 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 written documents which shall be numbered and attached hereto in the
order approved.
2.5
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.
2.6
Professional expressly warrants that all Services covered by this Agreement will conform to
the specifications, drawings, samples, instructions, directions and/or descriptions furnished to
or by City to Professional, and that such Services will be performed in a timely manner, in a
good and workmanlike manner and free from defects.
2.7
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.
2.8 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 requested and to
provide a time and cost estimate thereon.
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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 in order for Professional to perform the Services; and
3.2.3 Make available to Professional for consultation, as needed, such individuals as are
reasonably necessary in order 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 specifically enumerated in any
Services description which may be attached hereto.
4.3
Professional shall coordinate its performance, in the form of physical meetings and/or written
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 7.2 hereinbelow, City shall pay
Professional the sums set forth in Exhibit A.
5.2
Professional shall submit an invoice to City 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 an invoice within thirty (30)
FG & Associates, LLC
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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,
in writing. If such undisputed portion of the invoice amount is not thereafter paid within five
(5) business days after City' s receipt of such written 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 that the 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
Carmel City Court, 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
If additional professional services are required and Professional wishes to hire outside
sources for the performance of same, Professional shall so notify City, in writing and in
advance of the engagement of such outside sources, with an explanation of the need and the
qualifications of same. If City consents to such outside sources, which consent shall not be
unreasonably withheld, City shall reimburse Professional for the actual cost of such outside
services, 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 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 1 st 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 City Property.
Any and all computer disks and programs, all electronic data and all documentation (other
than original tracings and calculations) generated by Professional pursuant to this Agreement
shall be considered City's exclusive property and shall be disclosed only to City and to no
other person without City's prior written consent. Professional shall keep confidential all
working and deliberative material pursuant to IC 5-14-3-4.
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7.2 Termination.
7.2.1
7.2.2
7.2.3
Subject to paragraph 7.16 hereinbelow, the obligation to provide Services under this
Agreement may be terminated by City or Professional without cause upon thirty (30)
days written 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 attorney 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.
7.3 Bindin~ Effect.
City and Professional, and their respective officers, officials, agents, partners, successors,
executors, administrators, assigns and legal representatives are bound to the other and to its
officers, agents, parmers, successors, executors, administrators, assigns and legal
representatives, in all respects as to all covenants, agreements and obligations of this
Agreement.
7.4 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.
7.5 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, outside sources and other persons
shall not be and are not employees of City. Professional shall have the sole responsibility to
pay to or for its agents, employees, contractors, outside sources and other persons all
statutory, contractual and other benefits and/or obligations as they become due, and City shall
not be responsible for same. Rather, the compensation to be paid hereunder by City to
Professional shall be the full and maximum amount of compensation and monies required of
City to be paid to Professional hereunder. Professional hereby warrants and indemnifies City
for and from any and all costs, fees, expenses and/or damages incurred by City as a direct or
indirect result of any statutory, contractual or other claim for wages, benefits or otherwise by
any agent, employee, outside source, contractor or other person of Professional regarding or
related to the subject matter of this Agreement. This indemnification obligation shall survive
the termination of this Agreement.
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7.6 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, outside sources and other persons, 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, which is incorporated herein by this reference. Professional shall cause
its insurers to name City as an additional insured on all such insurance policies (except on its
Professional Responsibility Insurance policy), promptly provide City, upon request, with
copies of all such policies, and provide that such policies will not be canceled without thirty
(30) days prior written notice to City.
7.7 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 under the same material terms and
conditions. Professional agrees that it will pass on to City all discounts, rebates and/or
savings that it receives as a result of this Agreement or the Services hereunder provided.
7.8 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, riots, 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 written 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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7.9 Liens.
Professional shall not cause or permit the filing of any lien on any of City's property. In the
event such a lien is filed and Professional fails to remove it within ten (10) days after the date
of filing 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, attomey fees,
expenses and/or damages incurred by City in connection with any such lien and/or the
removal thereof. This indemnification obligation shall survive the termination of this
Agreement.
7.10 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 written 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 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 such same or similar Services; and/or
(3) exercise any other right or remedy available to City at law and/or in equity.
7.11 Setoff.
In addition to any fight 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.
7.12 Government Compliance.
Professional agrees to comply with all present and future federal, state and local laws,
executive orders, rules, regulations, codes and ordinances which may be applicable to
Professional's performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Professional agrees to indemnify
and hold harmless City from any and all losses, damages, costs, attorney fees and/or
liabilities resulting from any violation of such law, order, rule, regulation, code or ordinance.
This indemnification obligation shall survive the termination of this Agreement.
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7.13 Indemnification.
Professional shall indemnify and hold harmless City and its officers, officials, employees,
agents, assigns and legal representatives from any and all losses, liabilities, claims,
judgments and liens, including, but not limited to, all damages, costs, expenses and attorney
fees arising out of any intentional or negligent act or omission of Professional and/or any of
its employees, agents, outside sources, contractors or other persons 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.
7.14 Discrimination Prohibition.
Professional represents and warrants that it and each of its employees, agents, contractors,
outside sources and other persons 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 right to collect a penalty as provided in IC 5-16-6-1 for any person so
discriminated against.
7.15 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.
7.16 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:
CITY:
PROFESSIONAL:
City of Carmel
One Civic Square
Carmel, IN 46032
ATTN: Kate Boyle
(with a copy to the City Attorney,
Department of Law, same address)
Farrat, Garvey & Associates
8925 N. Meridian Street
Indianapolis, IN 46260
(317) 844-8900
ATTN: John Farrar
FG & Associates, LLC
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Notwithstanding the above, City may orally notify Professional to cease all Services pursuant to
paragraph 7.2 hereinabove, provided that such notice shall also then be sent as required by this
paragraph within three (3) days from the date such oral notice is given.
7.17 Effective Date.
The effective date ("Effective Date") of this Agreement shall be the date on which the last of
the parties hereto executes same.
7.18 Goveming Law; Lawsuits.
This Agreement shall be governed by and construed in accordance with the laws of the State
of Indiana, except for its conflict of laws provisions, as well as by all 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 Cotmty, Indiana only, and agree that
such court is the appropriate venue for and has jurisdiction over same.
7.19 Waiver.
Any delay or inaction on the part of City in exercising or pursuing its rights and/or remedies
hereunder or under law shall not operate to waive any such rights and/or remedies nor in any
way affect the rights of City to require such performance at any time thereafter.
7.20 Non-Assimunent.
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
written consent.
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.
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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.
7.24 Entire A~reement.
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes
the entire understanding and 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. Notwithstanding any
other term or provision of this Agreement, but subject to paragraph 7.15 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 govern and prevail, unless the parties hereto or their successors in interest,
expressly and in writing agree otherwise. No provision of this Agreement may be amended,
added to or subtracted from except by an agreement in writing signed by both parties hereto
and/or their respective successors in interest.
[remainder of page intentionally left blank]
FG & Associates, LLC
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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
FARRAR, GARVEY & ASSOCIATES, LLC
BY:
Mary~~rk , Merr. er '
Date: ~~ 7, 7 7
~~alker, Mem er
Date:[7-q7
Si
Printed Name: 3oLt~x ~,A. V'av-ea(
Title:
Date:
a~[ It, [q 7
ATTEST:
· /
EXHIBIT A
PROJECT DESCRIPTION
Survey, Design, and Associated Professional Services to provide for the Road Capacity
Improvemere for the widening of 116th Street from the College Avenue intersection East
to Rangeline Koad, including the intersection at College Avenue.
PROJECT SCOPE
PHASE 1-FIELD SURVEY
A,
Field survey utilizing a full electronic survey of the site and aerial
photography of the project location.
B. Property Research
PHASE 2-ENVIRONMENTAL STUDIES
Environmental Reports and Studies - In securing the necessary
environmental clearances, these reports will be prepared in
accordance with current State, local, and Federal guidelines
(as necessary):
,
4.
5.
6.
7.
8.
9.
10.
Design Summary*
Documentation of Categorical Exclusion* or
Developmere of Environmental Assessment*
4(0 and Section 106 Study*
Biological Assessment*
Aquatic Survey*
Archaeological Survey*
Wetlands Survey
Potential Hazardous Waste Site Assessment*
DNR Permits for Camel Creek
Army Corps of Engineers Permit/Wetlands Permit
PHASE 3--PRELIMINARY STUDY AND DESIGN
A,
Preliminary Study including preliminary construction cost,
preliminary horizontal/vertical geometry, approximate right of way,
and drainage impacts for:
Three lane section with grassy median/lef~ mm lanes,
4 '-6' [ 1.2m- 1.8m] shoulders, 6' [ 1.8m] asphak jogging/bike
path, 4' [ 1.2m] sidewalk with drainage via open ditches
*May be required because of Federal Aid
B,
C,
D,
,
,
Three lane section with continuous left turn lane, curb and
gutter, 6' [1.8m] asphalt jogging/bike path, 4' [1.2m]
sidewalk with an enclosed drainage system
Four lane section with left turn lanes at intersections, curb
and gutter, 6' [1.8m] asphalt jogging/bike path, 4' [1.2m]
sidewalk with an enclosed drainage system
Submittal of Study and presentation if required at one or two
meetings (Public Meeting if appropriate)
Establish preliminary grades, aligment, and horizomal and vertical
controls of preferred alternate
Preliminary Engineering
,
,
4.
5.
6.
,
,
9.
10.
11.
Preparation of preliminary Construction Plan set, including
the following:
a. Overall design parameters, project ID number,
design data, and location map
b. Typical project cross sections including clear zone
requirements
c. Plan and profile sheets showing existing geometrics
and proposed revisions to geometries, proposed
drainage, profile grade, center line profiles, and
dimensions of all design features.
d. Drainage studies, special .profiles, and intersection
layout
e. Related project cross sections
Turning movement traffic counts at Guilford/116th and at
College/116th
Traffic Signal Warrant Study at Guilford/116th
Preliminary Pavement Design
Hydrology/Hydraulic Analysis Carmel Creek
Preparation of General Plan/Preliminary Layout Sheet for
Carmel Creek structures with contours
Draft Maintenance of Traffic Plans including analysis of
phasing
ADA requirements
Early utility coordination
Permit applications
Preliminary Right of Way Plans (Right of way to be done
concurrent with design and provided as early as possible to
the City for Appraising and Purchasing of fight of way.)
2
*May be required because of Federal Aid
PItASE 4--PRELIMINARY FIELD CHECK AND APPROVAL OF
PRELIMINARY PLANS FOR PUBLIC KE~G
A. Schedule and facilitate Preliminary Field Check*
B,
Incorporate any necessary changes into the Preliminary Design
based on comments/information received at the Field Check
C,
Prepare and submit(when directed by City) the revised Preliminary
Plans for advertisement for Public Hearing as required by INDOT*
PHASE 5-PUBLIC ltF, A~G
A. Coordinate with INDOT and City to schedule a Public Hearing*
B. Prepare public hearing information and exhibits*
C. Attend public heating*
D. Document public heating, including any necessary transcripts, etc.*
PHASE 6--FINAL DESIGN
A. Incorporate all applicable comments from public hearing
B. Perform geotechnical investigation and prepare report
C. Prepare Final Construction Plan set, including the following:
,
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Finalize typical project cross-sections, including earthwork
volumes
Finalize plan and profile sheets, including geometries,
proposed drainage, proposed profile grade, centerline
profiles, and dimensions of all design features
Final pavemere design
Final Structure Design at Carmel Creek
Final Structure Plan preparation and quantities
ADA requirements
Finalize maintenance of traffic plans
Utility coordination
Any additional Permit requirements
Traffic signal design
Signing and striping plans
Erosion control plans
Construction detail sheets
3
*May be required because of Federal Aid
14.
15.
16.
17.
Final structure data information and approach information
Finalize drainage design, including pavement underdrains
Retaining wall design, if required
Street lighting if required/requested
D,
Final Right of Way Plans (This step may preceed all others in this
phase to avoid undue delays in project scheduling)
E,
Perform quantity take-off and prepare Final Construction Cost
Estimate
F. Prepare preliminary Special Provisions
PHASE 7--RIGHT OF WAY SERVICES
A. Preparation of Plats
B. Preparation of Deeds and Descriptions
C. Title Work
D. Right of Way Staking
PHASE 8-FINAL FIELD CHECK
A. Schedule and facilitate Final Field Check*
B,
Incorporate any necessary changes into the Final Design based on
comments/information received at the Field Check*
PHASE 9-FINAL TRACING SUBMITTAL
A,
Incorporate any final comments into the Construction Plans and
submit mylars
B. Prepare final Contract Documents and Special Provisions
C. Prepare final Construction Cost Estimate
D. Submit Rule 5 Erosion Control Plans*
PHASE 10--CONSTRUCTION ENGINEERING SERVICES
A. Full-time resident project administration
4
*May be required because of Federal Aid
General engineering administration of the construction contracts
with regard to interpretation and clarification of technical
information in Hason with the Contractors and the City of Carmel
C,
Approval of submittal data and samples and test results of
construction materials for conformance with the design concept and
compliance with the contract documents
Visits to the project site to observe the contract work and advise
the City of Carmel as to progress and quality of work performed.
E,
Verification and approval of partial payment requests by the
Contractors based on on-site observation
F,
Attendance at final inspections with the Contractor and the City of
Carreel to certify that all work is satisfactory and complete prior to
final payment.
PROJECT SCHEDULE
ALL PHASES OF WORK SHALL REQUIRE A SEPARATE NOTICE TO
PROCEED FROM THE CITY OF CARMEL.
PHASE 1--FIELD SURVEY
The Field Survey and related items will be completed within 60 calendar
days after the date of Notice to Proceed.
PHASE 2--ENVIRONMENTAL STUDIES
Environmental Studies and related items will be started in conjunction with
the Field Survey and will be completed prior to Public Hearing
(Mitigation/Permit process may continue through Final Design.)
PHASE 3--PRELIMINARY STUDY AND DESIGN
The Preliminary Study will be completed within 60 calendar days after the
Field Survey is completed.
Preliminary Design and related items will be completed within 45 calendar
days ai~er acceptance of the Preliminary Study and preferred alternate is
selected by the City of Carmel.
5
PHASE 4-PRELIMINARY FIELD CHECK AND APPROVAL OF
PRELIMINARY PLANS FOR PUBLIC ltF~ARING
The Preliminary Field Check will be scheduled within 30 calendar days
after date of Notice to Proceed with this phase.
Any revisions to the Preliminary Plans based on the Field Check will be
completed within 30 calendar days after the Field Check.
PHASE 5--PUBLIC HEARING
The Public Heating will be scheduled within 45 calendar days after date of
Notice to Proceed with this phase.
Any public heating documentation and transcripts will be completed within
45 calendar days after date of public Heating.
PHASE 6--FINAL DESIGN
Final Design and related items will be completed within 60 calendar days
after date of Notice to Proceed with this phase.
PHASE 7--RIGHT OF WAY SERVICES
This Phase is normally commenced after the Public Hearing Phase.
However, if requested for this project, this Phase can start concurrently
with the Preliminary Design Phase of the preferred alternate. This Phase
will be completed before Final Tracing submittal.
PHASE 8--FINAL FIELD CHECK
The Final Field Check will be scheduled within 30 calendar days after date
of Notice to Proceed with this phase.
Any revisions to the Final Plans based on the Field Check will be
completed within 30 calendar days after the Field Check.
PHASE 9--FINAL TRACING SUBMITTAL
Final Tracing submittal and related items will be completed within 45
calendar days after date of Notice to Proceed with this phase.
PROJECT FEES
PHASE
PHASE 1--FIELD SUKVEY/PROPERTY RECORDS RESEARCH
$33,300
PHASE 2--ENVIRONMENTAL STUDIES***
Categorical Exclusion or
Environmemal Assessment or
Extended Studies
$8,000
$24,000
$45,000
PHASE 3--PRELIMINARY STUDY AND DESIGN
$72,100
PHASE 4--PRELIMINARY FIELD CHECK AND APPROVAL
OF PRELIMINARY PLANS FOR PUBLIC HEARING
$6,900
PHASE 5--PUBLIC HEARING
$5,400
PHASE 6--FINAL DESIGN
$50,450
PHASE 7--RIGHT OF WAY SERVICES
$47,400
PHASE 8--FINAL FIELD CHECK
$3,950
PHASE 9--FINAL TRACING SUBMITTAL
$9,600
RANGE OF FINAL FEE(DEPENDANT ON ENVIRONMENTAL
LEVEL REQUIRED) $237,100 to $274,100
**SEE ATTACHED SHEETS FOR HOURLY BREAKDOWN OF EACH
PHASE
***IT IS ANTICIPATED THAT EITHER A CATEGORICAL EXCLUSION
OR AN ENVIRONMENTAL ASSESSMENT WILL BE REQUIRED FOR
THIS PROJECT. IF DETERMINED BY REVIEWING AGENCIES,
ADDITIONAL STUDIES WILL BE PERFORMED AS NEEDED.
--Mitigation with Permitting Agencies(Unknown activities at this time)
FG & Associates, LLC
Engineer Consulting
Engineering
EXHIBIT B
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
Professional Services Invoice
Date:
Project Name:
Invoice No:
Person
Perform i ng
Service
Service
Date
Description of Service
Hourly
Rate
Hours
Worked
Total
GRAND TOTAL
Signature
Printed Name
FG & Associates, LLC
Engineer Consulting
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
$2,000,000
$ 10,000
Pro fessional Responsibility Insurance:
Per Occurrence:
Aggregate:
$2,000,000
$2,000,000
Cityo:Ca m:
r e
December 19, 1997
John Farrar
Farrar, Garvey & Associates
8925 North Meridian Street
Indianapolis, Indiana 46260
Re: Agreement for Professional Services
Enclosed is a copy of the contract signed by the Carmel Board of Public Works and Safety
December 17, 1997.
Included with this copy of your contract is a sample invoice showing information required by the
City of Cannel for payment of invoices. This format replaces any other form previously used by
the city. This process is effective upon approval of your contract.
Please call Clerk-Treasurer Diana Cordray at 571-2414 if you have any questions.
Sincerely,
/.
Rebecca L. Wolf
Deputy Clerk
cc: file, engr
ONE CIVIC SQUARE CARMEL. INDIANA 46032 3 17/571-2400
'~'~:~~)::" DEPARTMENT OF ENGINEERING
November 1, 1999
Gabriel Franco, PE, Highway Department Manager
Farrar, Garvey & Associates, LLC
8925 North Meridian Street
Indianapolis, Indiana 46260
RE:
Additional Services #1 Per Contract # 1217.97.01
116tb Street Project (Rangeline Road to College)
Dear Gabriel:
As we discussed, the City of Carmel has requested additional professional services from your firm. Pursuant to our current
contract with Farrar Garvey & Associates, LLC, Contract # 1217.97.01, dated December 17, 1997, I have requested and
received from you the proposed scope of services and fee estimates for the following work tasks:
Additional Services #1 -
Tasks:
Supplemental Professional Engineering Sen'ices
1. Additional Survey
2. Geotechnical Investigation
3. Monon Trail Crossing Design (underpass)
4. Overpass Evaluation
5. Roadway Desgin (four-lane section)
6. Carmel Creek Bridge Design
7. Retaining Wall Design
8. Traffic Signals
9. Environmental Studies
10._,.Right-of-wayEngineering
TOTAL FEE
Attachment "A"
Fee:
$ 6,500.00
17,300.00
17,500.00
3,500.00
98,500.00
5,500.00
10,500.00
5,000.00
4,500.00
55.000.00
$223,800.00
You have already provided me with the time estimate to complete this work. I hereby approve this additional professional
services estimate, and grant you the Notice to Proceed on providing these services.
Please be advised that work on the original and this Additional Services contract should be billed on separate invoices. All
invoices should be referenced to the original Contract # and/or Additional Services # where applicable. 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,
M. I~ate Boyle-Weese, P-E.~
City Engineer
James Brainard, Mayor
Doug Haney, City Attorney
Joe Staehler, Department of Administration
Steve Engelking, DOCS
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2441
A 7'rT A,,fEMr" A
F~ Gar~ y ~ Associates, z~c
GConsuIt~ Engineers
October 18, 1999
Ms. Kate Boyle-Weese, P.E.
City Engineer, Department of Engineering
One Civic Square
Carmel, Indiana 46032
REFERENCE:
116th Street from College Ave. to Rangeline Rd.
City of Carmel
Project No. STP-B886( )CN
Des. No. 9785910
Subject:
Request for Supplemental Agreement No. 1
Dear Ms. Boyle:
We are pleased to inform you that the Grade Review Plans were submitted to INDOT on October
11,'1999. We will contact INDOT within a few days to coordinate Grade Review approval and
to proceed with the development of the project. At this time we are submitting to your office a
request for a supplemental agreement for your review and approval. This supplemental is to
-cover additional fees due to the change of scope of work. The original design and preliminary
cost estimate of $1,350,000.00 was based on a three-lane section. The current proposed design
and preliminary cost estimate of $4,650,000.00 is based on a four-lane divided facility. ·
The additional fees include the following:
Additional Survey (Monon Trail, 116th St. west termini,
· College Ave. south termini, Guilford Rd. south termini)
$ 6,500.00
2. Geotechnical Investigation
$ 17,300.00
3. Monon Trail Design (grades, geometrics, drainage, underpass) $ 17,500.00
4. Overpass evaluation (Monon Trail)
$ 3,500.00
e
Roadway Design (four lane section with raised median vs. three
lanes requires a more complex design, drainage, maintenance
of traffic, additional R/W, change in vertical alignment)
$ 98'500.00
6. Cannel Creek Bridge Design (5 lanes vs. 3 lanes)
$ 5,500.00
Ms. Kate Boyle-Weese, P.E.
October 18, 1999
Page 2
7. Retaining Walls $ 10,500.00
8. Traffic Signals (5 lanes vs. 3 lanes, decorative, 2x$2,500.00) $ 5,000.00
Environmental Studies (5 lanes vs. 3 lanes, address relocations,
noise analysis data)
$ 4,500.00
10. Right-of-Way Engineering (6'8 parcels vs. 30) $ 55,000.00
Additional Amount:
$223,800.00
Please note that this supplemental agreement does not include professional services for lighting
design, right-of-way services, and landscaping.
Also, please inform us when the City expects to have the traffic counts and signals warrant
analysis from A & F Engineering. ~
We appreciate the opportunity to be of service to the City of Carmel and look forward to the .: . ~
successful completion of this project.
Thank you for your assistance.
Very truly yours,
Enclosures
n:'\carmel\ll6thst\clerical\letters\kateboYle\suPPll .doc
City of Carmel
DEPARTMENT OF ENGINEERING
November 27, 2000
Gabriel France, PE, Highway l)epartmcnt Manager
Fan-ar, Gap,'cy & Associates, 1,LC
8925 North Meridian Street
h~_dianapolis, Indiana 46260
Additional Services #2 Per Cent tact # 1217.97.01
116~h Street Project (Rangeline Road to College)
[)ear Gabriel:
As v,-c discussed, the City of Carreel has rcqttestcd additional professional services l}'olB ~.tltlr Ih'tn, I lul:suant ttl oui currcl/I
contract x,. ith Farrar Garvcy & Associates. I ,I ,C. Contract # 1217.97 ,(i I, datcd December 17, 1997. I ha,, c requested and
tcccivcd fi'oll] }.eli ihc in'oposcd scope t~l'scrviccs alKI tUC cslinlatcs li~t the [bHmx ing xxo~k taxks:
Additional Services #2 - Suplfiemcntal Professional Engineering Services
116 Sir el Realignment Exaluation/Design
Fee: S29.400.1)0
Y,.Itt have ah'cad> prcl\idcd mc with the time cshmatc Ill coralMete this xxork ] hcrcl~5 approve Ihis additional pt,3lizssiltnal
services estimate, aBd gralll ?.eLl ihc Notice to Proceed tin prt~,.idil~g these services
Plcasc be advised that work on thc original and this Additional Serviccs contract shotdd bc billcd on scparatc invoices All
invoices should bc refcrcnccd to the original Contract # and/or Additional Scrviccs# xxhcrc applicable Thank you ibr your
conlinucd assistance in providing the City of Cal reel with yottr proli2ssi,,~naL qttalily ser',iccs If vou shonld have
quc:qtions, please give IBG a call.
Sinccrcl>,
M Kate Wccsc,
Cit3 Engineer
co: Ma3:lr James 13ramard
Dtlug I lancy
Joe .'Slaehlcr
Stcxc Engclking
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2441
November 3, 2000
Mrs. Kate Weese, P.E.
City Engineer, Department of Engineering
One Civic Square
Carreel, Indiana 46032
REFERENCE:
116th Street from College Ave. to Rangeline Rd.
City of Carmel
Project No. STP-B886( )CN
Des. No. 9785910
Subject:
Request for Supplemental Agreement No. 2
Dear Mrs. Weese:
Based on our telephone conversation of November 2, 2000, we are submitting to your office
a request for supplemental agreement No.2 for the amount of $29,400.00. This supplemental
agreement is required to cover additional engineering services to revise the alignment for the
proposed improvements under this project. Enclosed please find a man-hour justification for
this work. Our next submittal to the Indiana Department of Transportation is Design Hearing
Plans and Preliminary R/W Plans. Please provide us with the notice to proceed with the
realignment. Your prompt attention to this request is greatly appreciated.
Thank you for your assistance.
Very truly yours,
' ' riel A. ifa~2T
N:%Carmel\l 16thSt\Clerical\Letters~KateWeese\Suppl2.doc