Cosmopolitan ConsultingEngineerAGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement"), made this 18th day of
December, 1996, by and between the City of Carmel, Indiana, acting by and through its Board of Public
Works and Safety, hereinafter referred to as "City"; and Cosmopolitan Consulting Engineering, Inc.,
hereinafter referred to as "Professional".
WHEREAS, City owns and is responsible for public works which includes by way of illustration and
not for purposes of elimination; the construction and operation of much of the infrastructure system in the
City including its municipal water and sewer utilities; the street system including pavements, curbs,
sidewalks, street trees, and alleys; the storm drainage system including pipes and open ditches; and is
responsible for the planning, design, construction, operation and maintenance of said infrastructure systems;
and
WHEREAS, City is also responsible for the zoning, planning, annexation, adoption of construction
standards, and enforcement thereof throughout its corporate limits and within Clay Township through a
joinder agreement; and
WHEREAS, from time to time City needs professional consulting services to assist it in determining
how to effectively and efficiently fulfill the foregoing responsibilities; and
WHEREAS, Professional is experienced in providing professional services relating to the planning,
design, construction, operation, and maintenance of municipal infrastructure systems including municipal
water/sewage systems, street systems, drainage systems, and zoning matters; and
WHEREAS, City desires to hire Professional as an independent contractor for the purpose of
providing to City on a non-exclusive basis the above referenced professional services; and
WHEREAS, Professional desires to provide to City all or a portion of said professional services as
City may request in writing from time to time.
NOW THEREFORE, in consideration of the foregoing recitals and the mutual 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 thereof.
SECTION 2.
SCOPE OF SERVICES.
2.1
The City desires to hire Professional as an independent contractor to perform the services of:
preparing the design plans and contract documents for Pennsylvania Street from 103rd Street to
13 1 st Street as set forth in and more fully described in Appendix B, (Basic Services of the
Engineer), which services are broken out into phases to be seperately authorized to commence
by written Notice To Proceed from the City Engineer. Professional desires to provide to City
said services as set forth herein.
2.2
By and through its Mayor, the City may, from time to time, request Professional on a non-
exclusive basis, to provide additional professional services as included in Appendix B,
(Additional Services), to assist City, the scope of which 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
authorized representative shall notify Professional and set forth the scope of services desired as
well as the time frame in which services are to be rendered. Professional shall then provide to
City, at no cost to City, an estimated cost for that specific assignment based upon hourly rates
as set forth in Appendix C, (Payments to Engineer, Section 2.0), as well as the time in which the
assignment can be completed. Only after the City has approved of Professional's time and cost
estimate for such assignment shall Professional be released to commence work on such
assignment, the description of such assignment to be numbered and attached hereto in the order
approved.
SI~CTION 3.
CITY'S RESPONSIBILITIES
3.1 The City shall perform the following duties to the Professional with regards to the Project in a timely manner, so
as not to dealy the services of the Professional:
3.1.1 Provide all information as to the City's requirements for the Project; and
3.1.2 Designate in writing, a person with authority, if not the Mayor, to act on City's behalf
on all matters concerning any and all assignments, having authority to transmit instructions,
receive information, interpret and define the City's policies and decisions with respect to
materials, equipment elements, and systems pertinent to the work covered by this Agreement..
3.1.3 Furnish to Professional all studies, reports and other available data in City's possession
pertinent to the assignment in addition to the information previously supplied to help with the
time and cost estimate, and obtain additional, existing reports and data as reasonably required
for Professional to perform the assignment upon all of which Professional shall be entitled to
rely in performing services hereunder unless in its review, Professional determines that such
information is not consistent and fails to so notify City; and
3.1.4 Arrange and make all provisions for Professional to enter upon public and private
property as reasonably required for Professional to perform the assignment.
3.1.5 Examine all studies, reports, sketches, estimates, drawings, specifications, proposals and other
documents presented by the Professional, and render in writing, within a reasonable time frame, decisions
pertaining thereto so as not to delay the work of the Professional.
3.1.6 Give prompt written notice to the Professional when the City observes or otherwise becomes aware of
any defect on the Project, or development that affects the scope or timing of the Professional's services, or any
defect or non-conformance in the work of any Contractor.
3.1.7 Where deemed necessary for the continuation or completion of the Project, obtain approval of all
governmental authorities having jurisdiction over the Project and such approvals and consents from such other
individuals or bodies.
SECTION 4.
PROFES SIONAL'S RESPONSIBILITIES
4.1
Professional shall provide the design services as included in the Scope of Services, Section 2.0 of this
Agreement, and further described in Appendix B.
4.1
If City requests Professional's time and cost estimate for an assignment for Additional Services,
as described in Appendix B, Professional shall provide, within five (5) business days, a time
and cost estimate and/or a request for specific information necessary to provide a time and cost
estimate.
4.2
Once City has accepted Professional's time and cost estimate for said assignment, the
assignment shall be performed pursuant to the terms of this Agreement and to the accepted time
and cost estimate, and to any other terms specifically enumerated in the assignment description
and approval to be attached hereto and incorporated herein by this reference.
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 to be outlined in the assignment request or as circumstances of the
assignment dictate.
SECTION 5.
COMPENSATION
5.1
As full compensation for the Services performed by Professional hereunder, City shall pay to
Professional as set forth below:
5.1.1 The fee for the Services will be a lump sum amount based upon the cost estimate per
phase as described in Appendix C, (Payments to Engineer). Professional understands that the
City reserves the right to terminate this Agreement at any of the phases for any reason,
including availability of adequate funding. When necessary, or in the event of Additional
Services, a specific scope of services will be effective upon acceptance and approval by the
City's appropriate goveming entity, usually, the Board of Public Works and Safety following
receipt of such revised scope, with the appropriate time and cost estimate.
5.1.2 City will pay Professional reasonable reimbursable expenses based upon actual costs
for items including, but not limited to, travel, reproduction, printing, etc. Mileage charges will
be billed at the then-current rate in effect by the Professional, not to exceed the Internal Revenue
Service allowable rate.
5.1.3 If additional professional services are required and Professional needs to hire outside
sources for performance of same, Professional shall so notify City in writing with an
explanation of the need and the qualifications of the outside sources and if City is agreeable,
City shall reimburse Professional for the actual cost of such outside services.
5.1.4 Professional will submit invoices to City on a four-week period basis. City shall pay
Professional for services rendered within thirty (30) days after date of Professionars invoice. If
the invoice mount is not paid within thirty (30) days of receipt Professional shall so notify the
City and if the amount is not disputed and not paid within thirty-five (35) days after the date of
the invoice, then a late charge in a sum equal to one percent (1%) of such unpaid invoice mount
shall accrue and be immediately due and payable as a separate debt for each month it remains
unpaid. In the event that the amount is disputed, City shall so notify Professional and if such
dispute is not resolved to City's satisfaction within ten (10) business days after notice of such
dispute, City shall pay such amount under protest into the City Court of Carmel which Court
shall hold the money until notified of a resolution signed by both parties hereto.
SECTION 6.
TERM
Subject to the termination provisions set forth in Section 7 herein, this Agreement shall be in effect from the
Approval Date through December 31, 1997 and shall thereafter on the 1 st day of January in each subsequent
year automatically renew for a period of one (1) year unless otherwise agreed by the parties hereto.
SECTION 7.
MISCELLANEOUS
7.1 City Property.
Any and all documentation (other than original tracings and original calculations) generated by
Professional pursuant to this Assignment shall be considered City's exclusive property and shall
be disclosed only to City and to no other person without the City's prior written permission
Professional shall keep confidential all working and deliberative material pursuant to IC 5-14-3-
4.
7.2 Termination.
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 and with
cause upon receipt of notice to cease all services. In the event of termination, Professional will
be paid for all services rendered to date of termination and will be paid other expenses, as herein
provided, incurred to date of termination. For purposes of clarification, Professional shall be
paid the percentage of the lump sun~ estimate that City determines in good faith to be the same
percentage of work performed pursuant to the terms of this Agreement.
7.3 Binding Effect.
City and Professional and their respective partners, successors, executors,
administrators, assigns and legal representatives of each are bound by this
agreement to the other party to this agreement, and to the partners, successors,
executors, administrators, assigns and legal representative of such other party in
all respects of 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 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 that regard,
Professional and all of its employees shall not be employees of City. Furthermore, Professional
shall have all responsibility to pay to or for its employees, all statutory benefits and obligations
and any other benefits or obligations at its discretion. The City shall not be responsible for
same, but rather the compensation to be paid hereunder by City to Professional shall be the full
compensation and moneys required of City.
7.6 Insurance.
Professional shall procure and maintain with an insurer licensed to do business in Indiana
reasonably acceptable to City, insurance ("Insurance"), for protection from claims under
workers' compensation acts, claims for damages because of errors and omissions, and
bodily injury including personal injury, sickness or disease or death of any and all
employees or of any persons other than such employees, and from claims or damages
because of injury to or destruction of property including loss of use resulting therefrom.
Professional shall secure and maintain Professional Responsibility Insurance and such
insurance as will protect the Professional and the City from claims resulting from
Professional's errors and omissions. The coverage amounts shall be no less than those
amounts set forth in Appendix A which is attached hereto. Professional shall cause its
insurers to name City as an additional insured on all insurance policies .(oth~,
'--~)rg.f. essiotml_~ssponsibili? l~'-i~y) and to provide that such policies will not be canoeled
without thirty (30) days prior notice to City.
7.7 Indemnification.
Professional shall indemnify and hold harmless the City and its respective officers,
employees, and agents from all loss, liability, claims, judgments, and liens, including
costs and expenses and attorney fees, arising out of any negligent act or omission of
Professional or any of its colleagues, associates, agents, employees, or subcontractors in
the performance of this Agreement. The failure to do so shall constitute a material
breach of this Agreement.
7.8 Discrimination Prohibition.
Professional represents and warrants that it and its professionals shall comply with all
existing laws of the United States and the State of Indiana prohibiting the discrimination
against any employee or applicant for employment or subcontract work in the
performance of any project contemplated by this Agreement with respect to hire, tenure,
terms, conditions, or privileges of employment or any matter directly or indirectly related
to employment or subcontracting because of race, religion, color, sex, handicap, national
origin, ancestry, age, disabled veteran status or Vietuam era veteran status.
The City reserves the right to collect a penalty as provided in IC 5-16-6-1 for
any person discriminated against.
7.9 Severability.
If any provision of this Agreement is held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, the provision 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.
7.10 Notice.
Any notice, invoice, order or other correspondence required to be sent under this
Agreement shall be in writing and either hand delivered or sent by first-class
U.S. mail addressed to the parties at the following addresses:
CITY:
PROFESSIONAL:
The City of Carmel
One Civic Square
Carmel, IN 46032
Attention: City Engineer,
(co: The Honorable James Brainard, Mayor
and the City Attorney, Department of Law,
same address)
Cosmopolitan Consulting
Engineering, Inc.
1010 E. 861h Street
Suite 48A
Indianapolis, IN 46240
Attention: Fred Musleh
7.11 Approval Date.
The Approval Date is the date in which the last of the parties hereto approves
and executes this Agreement.
7.12 Goveming Law.
This Agreement shall be govemed by and construed in accordance with the laws
of the State of Indiana and all municipal ordinances and codes of the City of
Carmel, Indiana, as the same shall be in full force and effect upon the Approval
Date.
7.13 Waiver.
The delay or partial inaction on the part of City in exercising or pursuing its right
and remedies provided hereunder or by law shall not operate to waive any such
rights or remedies.
7.14 Exhibits.
All exhibits and/or appendices referenced herein, whether marked "Exhibit", "Appendix", or some
other title, shall be considered a part of this Agreement.
7.15 Prior Agreements.
This Agreement contains all of the agreements of the parties hereto with respect to any matter
covered or mentioned in this Agreement, and no prior agreement, understanding or representation
pertaining to any such matter shall be effective for any purpose. No provision of this Agreement
may be amended or added to except by an agreement in writing signed by the parties hereto or
their respective successors in interest.
7.16 Representation and Warranties.
Parties represent and warrant that they are authorized to enter into this Agreement and the party
executing the Agreement .has the authority to bind the party which they represent.
7.17 Entire Agreement.
This Agreement represents the entire understanding between Professional and City with respect to
the subject matter and supersedes all prior negotiations, representations, and/or contracts, either
oral or written.
7.18 Headings.
All heading and sections of this Agreement are inserted for convenience only and do not form part
of this Agreement or limit, expand or otherwise alter the meaning of any provisions hereof.
IN WITNESS WHEREOF, the parties hereto have made and executed this agreement on the day and year
first written above.
CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
BY:
er,//Member
ATTEST:
Diana Cordray, CI
Cosmopolitan Consulting Engineering, Inc.
BY:
Fred Musleh, P.E., President
APPENDIX B
BASIC SERVICES OF THE PROFESSIONAL
Professional shall provide for City professional engineering services in all phases
of the project in order to complete the construction of Pennsylvania Street to
accomplish the design as follows:
1. The project shall start at 103rd. Street and Pennsylvania and shall end at Main
Street (131st Street).
The project shall be designed as an Urban section with curbs and gutter and
enclosed storm sewer system. The design shall be a boulevard type design
with two lanes on each side and a 16'-0" divider in the middle. The divider
shall provide a separate turning lane into major properties and street
crossings.
In the areas where a four lane divided road is not possible or practical
because of existing development or right of way limitations, the design shall
make use of all available space while attempting to fuffil the project
objectives. This may be done by eliminating the median or the turning lanes.
The phases of said project shall be as follows:
PHASE 1 - PRELIMINARY CONSULTATION:
After written authorization by the City to proceed with the Preliminary Consultation
Phase, Professional shall
1.1 Consult with City to clarify the City's requirements for the project and review
available data.
1.2 Provide the field surveys required for the preparation of the design plans for
the project.
1.3 Advise the City as to the necessity of City's providing or obtaining from
others data or services and assist City in obtaining such data and services.
1.4 Identify and analyze requirements of governmental authorities or projects in
the vicinity of the projects that may have an effect on this project.
1.5
Provide a preliminary engineering study on the project in sufficient detail to
indicate clearly the alternative solutions and preliminary cost estimates for the
project, setting forth the Professional's recommendations.
1.6 Provide the City with two copies of the preliminary report and all other
supporting documents such as field survey, preliminary alignment plans and
cost estimates of the project.
PHASE 2 - PRELIMINARY DESIGN:
After written authorization by the City to proceed with the Preliminary Design
Phase, the Professional shall:
2.1 Prepare Preliminary Design documents consisting of final design criteria,
preliminary drawings, outline specifications and special provisions.
2.2
Prepare the preliminary design which shall be in accordance with the Indiana
Department of Transportation procedures and guidelines and shall follow
guidelines of street construction for the City of Carmel.
2.3 Submit a revised opinion of the probable total project construction cost,
based on the information contained in the preliminary design documents,
PHASE 3 - FINAL DESIGN:
After written authorization by the City to proceed with the Final Design Phase, the
Professional shall:
3.1 Prepare final detailed construction drawings and specifications for the project
on the basis of the approved preliminary plans,
3.2 Advise City of any adjustments to the latest opinion of probable total project
costs caused by changes in general scope, extent or character or design
requirements of the project construction cost.
3.3 Prepare proposal forms and notice to bidders as required by City and assist
legal council in the technical engineering portion of the contract preparation.
PHASE 4- BIDDING PHASE:
After written authorization by the City to proceed with the Bidding Phase of the
project, the Professional shall:
4.1 Assist City in advertising for and obtaining bids for each prime contract if
more than one is used and where applicable maintain a record of
prospective bidders to whom bidding document has been issued, attend pre-
bid conference and receive and process deposits for Bidding Documents.
4.2 Issue addenda as appropriate to interpret, clarify or expand the Bidding
Dcuments.
4.3 Attend the bid opening, prepare bid tabulation sheets and assist the City in
evaluating bids or proposals. Make recommendations to the City for the
award of the Contract or Contracts.
PHASE 5- CONSTRUCTION PHASE:
After written authorization by the City to proceed with the Construction Phase of
the project, the Professional shall:
5.1 Provide general administration of the construction contract including, at the
City's request, the giving of technical engineering information to legal
council as an aid to the interpretation and clarification of the Contract
Documents.
5.2 Check and approve samples, schedules, shop and mill test equipment, and
other data which the Contractor is required to submit only for conformance
with the design concept of the Project and compliance with the information
given in the Contract Document, and shall collect all guarantee required of
Contractors and suppliers.
5.3 Shall make visits to the site at intervals appropriate to the various stages of
construction as Professional deems necessary in order to observe as an
experienced professional the progress and quality of the various aspects of
the Contractor's work. He shall keep City informed of the progress of the
work. During such visits and on the basis of these observations,
Professional may recommend disapproval of or rejection of Contractor's
work while it is in progress if Professional believes that such work does not
conform to the Contract Documents, or that it will prejudice the integrity of
the design concepts of the Project as reflected in the Contract Documents.
6 ADDITIONAL SERVICES
If authorized in writing by the City, the Professional shall furnish additional
services which may include the following, which will be described separately and
paid for by the City on the basis of hourly rate schedule as indicated in Appendix
C:
Property, Boundary, Right of Way research and descriptions of property
takings topographic and utility surveys; core borings, probing or
subsurface explorations; hydrographic surveys; laboratory testing and
inspection of samples or materials; and special consultation.
Additional services due to significant changes in general scope of the
project or its design, including, but not limited to, change in size,
complexity, or character of construction.
Revising previously approved studies, reports, design documents,
drawings or specifications.
Preparing documents for alternate bids requested by the City for work
which is not executed.
Preparing detailed renderings, exhibits, or scale models for the Project.
Furnishing additional copies of reports and additional prints of drawings
and specifications.
Additional or extended services during construction made necessary by
work damaged by fire or other cause during construction.
Additional services and costs necessitated by in-state and out-of-town
travel required of the Professional other than visits to the Project as required
by Section I above.
Serving as an expert witness for the City in
proceeding involving the Project.
any 'litigation
or other
Special assistance in preparation of applications and
documents for government grants, loans, and advances,
services required because of such grants, loans, and advances.
supporting
or special
Additional services in connection with the Project not otherwise provided for
in this Agreement, arranged for between Professional and City and
appended as a rider to this Contract.
APPENDIX C
PAYMENTS TO PROFESSIONAL
1.0 For the Basic Services of the Professional described In Appendix B, the City
shall pay the Professional a lump sum fee based on hourly rates and
breakdown of services as shown on the attached tables and as follows:.
Preliminary Consultation Phase
Preliminary Design Phase
Final Design Phase
Bidding Phase
Cnn.~tr. jntinn Ph~.~
Total
$ 30,000.00
$110,805.00
$ 50,710.00
$ 9,485.00
$1,~nn.c~
$220,000.00
2.0 For Additional Services described in Appendix B, Section 6, City will pay the
Professional at the following hourly rates:
Principal
Project Manager
Professional Engineer
CAD technician or Engineer
Drafter
Secretarial
$85.00
$75.00
$50.00
3.0 The City will pay the Professional the actual cost of reimbursable expenses,
as defined hereinafter, to the amount expended in the interest of the Project.
4.0 If for any reason, any portion of the project is deleted, from the project limits
as described under this contract after the Preliminary Design Phase is
completed, the fees for the next phase of the work will be adjusted according
to the reduction in the latest estimated construction cost of the project due to
this eliminated portion.
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APPENDIX A
INSURANCE COVERAGES
Workers 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
OWNER=s Protective Insurance:
(Covered under Agreement)
Per Occurrence:
Aggregate:
December 27, 1996
Fred Musleh
1010 E. 86th Street
Suite 48A
Indianapolis, IN 46240
Re: Agreement for Engineering Services
Enclosed is a copy of the signed contract approved by the Carmel
Board of Public Works December 18, 1996. Please call if you have
any questions.
Sincerely,
Rebecca L. Wolf
Chief Deputy Clerk
cc: file, city atty, engr
DLC/RLW/rlw
To:
From:
Re:
Date:
Dick Hill/Kate Boyle, Engineering
Rebecca Wolf, Clerk-Treasurer's Office, Ext. 413
Agreement for Engineering Services
December 27, 1996
Enclosed is a copy of the signed contract approved by the Carmel
Board of Public Works December 18, 1996. A copy was mailed to
Cosmopolitan Consulting Engineers, Inc. December 27, 1996. Please
call if you have any questions.
cc: file
DLC/RLW/rlw
June 16, 1997
C o:Carme_
DEPARTMENT OF ENGINEERING
Fred Musleh, P.E., President
Cosmopolitan Consulting Engineers
1010 East 86m Street
Building 1040 Suite 48A
Indianapolis, Indiana 46240
RE: Additional Services # 1 Per Contract ~022
Dear Fred:
As we discussed, the City of Carreel has a need for additional professional services and pursuant to our current
contract with Cosmopolitan Consulting Engineers, Contract #3022, dated December 1~ 1996, I have
requested and received from you the proposed scope of services and fee estimates for the following work:
(1) Right-of-way Engineering Services for Pennsylvania Street (Attachment "A")
As I understand it, your estimate is that there will be fifty-five parcels reqttimg this fight-of-my work, but that
the City will only be billed for the actual number of parcels for which this work is performed, and on a per
parcel basis. Additionally, this work will be performed concurrent with the current design services, and within
the time schedule allowed for the current contract work.
Per our contract procedural requirements, 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 the Additional Services # 1 contract may be billed on the same
invoice, but the tasks should be separated such that the Additional Services can be quantified (i.e. how many
parcels). 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 Carreel with your professional,
quality services. If you should have any questions, please give me a call.
Sincerely,
M. Kate Boyle, P .E.
City Engineer
CO:
Deb Grisharm City Attorney
Diana Cordray, Clerk Treasurer
Steve Engelking, Departrnent of Community Services
Lisa Majors, Engineering Department
ONE CIVIC SQUARE CARMEL. INDI.-XNA 46032 317/571-2441
GOSMO~OLITAN CONSULTING ENGINEERS, ING.
June 9, 1997
Ms. Kate Boyle, P:E.
Camel City Engineer ..
1 Civic Square "
Camel, Indiana 46032
Re: Pennsylvania Avenue Project
Additional Seaices. Right of Way Engineering
On ~
RU
1 01 0 East 86th Street
Building 1040 Suite 48A
Indianapolis, Indiana 46240
Tel. (317)844-1998
Dear Ms. Boyle:
Section 4 and Appendix B Article 6 of our Contract with the City for the above
referenced project requires your written authorization to perform additional
services.
Because of the urgency for moving with the project, we like to have your
authorization to start the Right of Way research and descriptions of the property
that will be acquired. We will perform the following services:
1. Establish the last deed of record for each affected parcel.
Prepare the land plat for each parcel showing the parcel per last deed
and the proposed taking.
3. Prepare Legal Descriptions of proposed taking for each parcel.
Stakeing of these parcels for the buyer assigned by the City at his
request.
5. Establish by placing permanent markers the new City Right of Way.
6. Prepare a route survey plat to comply with !.A.C. 865 Chapter 12.
We estimate that there are approximately fifty five parcels of taking that will be
involved.
June 9, 1997
Ms. Kate Boyle, P.E.
Carmel City Engineer
Page 2 of 2
Section 5 (COMPENSATION) article 5.1.1 indicated that these services will paid
for on the basis of the hours spent on the project using the hourly rates listed in
APPENDIX C in the Contract. We estimate the cost to be about $650 per
parcel. The total cost will be $35,750.00.
If you have any questions, Please let me know.
Very truly yours,
Fred E. Musleh, P.E.
President
City o' Carme'_
TO:
From:
Re:
Date:
Dick Hill/Kate Boyle, Engineering
Rebecca Wolf, Clerk-Treasurer's Office, Ext. 413
Agreement for Engineering Services
December 27, 1996
Enclosed is a copy of the signed contract approved by the Carmel
Board of Public Works December 18, 1996. A copy was mailed to
Cosmopolitan Consulting Engineers, Inc. December 27, 1996. Please
call if you have any questions.
cc: file
DLC/RLW/rlw
ONE CIVIC SQUARE CARMEL. INDIANA 46032 317/571-2400
0-2 arme
December 27, 1996
Fred Musleh
1010 E. 86th Street
Suite 48A
Indianapolis, IN 46240
Re: Agreement for Engineering Services
Enclosed is a copy of the signed contract approved by the Carmel
Board of Public Works December 18, 1996. Please call if you have
any questions.
Sincerely,
Rebecca L. Wolf
Chief Deputy Clerk
cc: file, city arty, engr
DLC/RLW/rlw
ONE CIVIC SQUARE CARMEL. INDIANA 46032 317/571-2400
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement"), made this JSth. L day of
December. 1996, by and between the City of Carreel, Indiana, acting by and through its Board of Public
Works and Safety, hereinaftcr referred to as "City"; and Cosmopolitan Consulting Engineering Inc.,
hereinafter referred to as "Professional".
WHEREAS, City owns and is responsible for public works which includes by way of illustration and
not for purposes of elimination; the construction and operation of much of the infrastrucua'e system in the
City including its municipal water and sewer utilities; the street system including pavements, curbs,
sidewalks, street trees, and alleys; the storm drainage system including pipes and open ditches; and is
responsible for the planning, design, construction, operation and maintenance of said infrastructure systems;
and
WHEREAS, City is also responsible for the zoning; planning, annexation, adoption of construction
standards, and enforcement thereof throughout 'its corporate limits and within Clay Township through a
joindcr agreement; and
WHEREAS, from time to time City needs professional consulting services to assist it in determining
how to effectively and efficiently fulfill the foregoing responsibilities; and
WHEREAS, Professional is experienced in providing professional services relating to the planning,
design, construction, operation, and maintenance of municipal infrastructure systems including municipal
water/sewage systems, street systems, drainage systems, and zoning matters; and
WHEREAS, City desires to hire Professional as an independent contractor for the purpose of
providing to City on a non-exclusive basis the above referenced professional services; and
WHEREAS, Professional desires to provide to City all or a portion of said professional services as
City may request in writing from time to time.
NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants and
conditions set forth herein, City and Professional mutually agree as follows:
SECTION 1,
INCOP.,PORATION OF RECITALS.
The foregoing recitals are hereby incorporated into this Agreement and made a part thereof.
SECTION
2.1
2.2
SCOPE OF SERVICES.
The City desires to hir~ Professional as an independent contractor to perform the services of:
preparing the design plans and contract documents for Pennsylvania Street from 103rd Street to
13 1st Street as set forth in and more fully described in Appendix B, (Basic Services of the
Engineer), which services am broken out into phases to be seperately authorized to commence
by written Notice To Proceed from the City Engineer. Professional desires to provide to City
said services as set forth herein.
By and thi'ough its Mayor, the City may, from time to time, request Professional on a non-
exclusive basis, to provide additional professional services as included in Apt~endix B,
(Additional Services), to assist City, the scope of which 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
authorized representative shall notify Professional and set forth the scope of servir.~s desim:l as
well as the time frame in which services are to be rendered. Professional shall then provide to
City, at no cost to City, an estimated cost for that specific assignment based upon hourly rates
as set forth in Appendix C, (Payments to Engineer, Section 2.0), as well as the time in which the
assignment can be completed. Only after the City has approved of Professional's time and cost
estimate for such assignment shall Professional be released to commence work on such
assignment, the description of such assignment to be numbered and attached hereto in the order
approved.
SECTION 3. CITY'S RESPONSIBILITIES
3.1 The City shall perform the following duties to the Professional with regards to the Project in a timely manner, so
as not to dealy the services of the Professional:
3.1.1 Provide all information as to the City's requirements for the Project; and
3.1.2 Designate in writing, a person with authority, if not the Mayor, to act on City's behalf
on all matters concerning any and all assignments, having authority to transmit instructions,
receive information, interpret and define the City's policies and decisions with respect to
materials, equipment elements, and systems pertinent to the work covered by this AgreemeaL.
3.1.3 Furnish to Professional all studies, reports and other available data in City's possession
pertinent to the assignment in addition to the information previously supplied to help with the
time and cost estimate, and obtain additional, existing reports and data as reasonably required
for Professional to perform the assignment upon all of which Professional shall be entitled to
rely in performing services hereunder unless in its review, Professional determines that such
information is not consistent and fails to so notify City; and
3.1.4 Arrange and make all provisions for Professional to enter upon public and private
property as reasonably required for Professional to perform the assignment.
3. 1.5 Examine all studies, reports, sketches, estimates, drawings, specifications, proposals and other
documents presented by the Professional, and render in ~vriting, within a reasonable time frame, decisions
pertaining thereto so as not to delay the xvork of the Professional.
3.1.6 Give prompt written notice to the Professional when the City observes or otherwise becomes aware of
any defect on the Project, or development that affects the scope or timing of the Professional's services, or any
defect or non-eonformance in the work of any Contractor.
3.1.7 Where deemed necessary for the continuation or completion of the Project, obtain approval of all
governmental authorities having jurisdiction over the Project and such approvals and consents from such other
individuals or bodies.
SECTION 4.
PROFESSIONAL'S RESPONSIBILITIES
4.1
Professional shall provide the design services as included in the Scope of Services, Section 2.0 of this
Agreeraent, and further described in Appendix B.
4.1
If City requests Professional's time and cost estimate for an assignment for Additional Services,
as describexl in Appendix B, Professional shall provide, within five (5) business days, a time
and cost estimate and/or a request for specific information necessary to provide a time and cost
estimate.
4.2
Once City has accepted Professional's time and cost estimate for said assignment, the
assignment shall be performed pursuant to the terms of this Agreement and to the accepted time
and cost estimate, and to any other terms specifically enumerated in the assignment description
and approval to be attached hereto and incorporated herein by this reference.
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 to be outlined in the assignment request or as circumstances of the
assignment dictate.
SECTION 5.
COMPENSATION
5.1
As full compensation for the Services performed by Professional hereunder, City shall pay to
Professional as set forth below:
5.1.1 The fee for the Services will be a lump sum amount based upon the cost estimate per
phase as described in Avpendix C, (Payments to Engineer). Professional understands that the
City reserves the right to terminate this Agreement at any of the phases for any reason,
including availability of adequate funding. When necessary, or in the event of Additional
Services, a specific scope of services will be effective upon acceptance and approval by the
City's appropriate governing entity, usually, the Board of Public Works and Safety following
receipt of such revised scope, xvith the appropriate time and cost estimate.
5.1.2 City will pay Professional reasonable reimbursable expenses basal upon actual costs
for items including, but not limited to, travel, reproduction, printing, etc. Mileage charges will
be billed at the then-current rate in effect by the Professional, not to exccc'xi the Internal Revenue
Service allowable rate.
5.1.3 If additional professional services are required and Professional needs to him outside
sources for performance of same, Professional shall so notify City in writing with an
explanation of the need and the qualifications of the outside sources and if City is agreeable,
City shall reimburse Professional for the actual cost of such outside services.
5.1.4 Professional will submit invoices to City on a four-week period basis. City shall pay
Professional for services rendered within thirty (30) days after date of Professional's invoice. If
the invoice amount is not paid within thirty (30) days of receipt Professional shall so notify the
City and if the amount is not disputed and not paid within thirty-five (35) days after the date of
the invoice, then a late charge in a sum equal to one percent (1%) of such unpaid invoice amount
shall accrue and be immediately due and payable as a separate debt for each month it remains
unpaid. In the event that the amount is disputed, City shall so notify Professional and if such
dispute is not r~solved to City's satisfaction within ten (1 O) business days after notice of such
dispute, City shall pay such amount under protest into the City Court of Carmel which Court
shall hold the money until notified of a resolution signed by both parties hereto.
SECTION 6.
TERM
Subject to the termination provisions set forth in Section 7 herein, this Agreement shall be in eff~t from the
Approval Date through December 3 I, 1997 and shall thereafter on the Ist day of January in each subsequent
year automatically renew for a period of one (1) year unless otherwise agreed by the parties hereto.
SECTION 7.
MISCELLANEOUS
7.1 City Property,
Any and all documentation (other than original tracings and original calculations) generated by
Professional pursuant to this Assignment shall be considered City's exclusive property and shall
be disclosed only to City and to no other person without the City's prior written permission
Professional shall keep confidential all working and deliberative material pursuant to IC 5-14-3-
4.
7.2 Termination.
The obligation to provide services under this Agreement may be terminated by City or
Professional without cause upon thirty (30) days' ~vritten notice to the other party and with
cause upon receipt of notice to cease all services. In the event of termination, Professional will
be paid for all services rendered to date of termination and will be paid other expenses, as herein
provided, incurred to date of termination. For purposes of clarification, Professional shall be
paid the percentage of the lump sum estimate that City determines in good faith to be the same
percentage of work performed pursuant to the terms of this Agreement.
7.3 Binding Effect.
City and Professional and their respective parmen, successors, executors,
administrators, assigns and legal representatives of each are bound by this
agreement to the other party to this agreement, and to the panners, successors,
executors, administrators, assigns and legal representative of such other party in
all respects of 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 or Professional.
7.5 Relationship.
The relationship of the partics hcreto shall be as provided for in this agreement, and
Professional shall in no fashion be deemed to be an employee of City. In that regard,
Professional and all of its employees shall not be employees of City. Furthermore, Professional
shall have all responsibility to pay to or for its employees, all statutory benefits and obligations
and any other benc~ts or obligations at its discretion. The City shall not be responsible for
same, but rather tl~e compensation to be paid hereundcr by City to Professional shall be the full
compensation and moneys required of City.
7.6 Insurance.
Professional shall procure and maintain with an insurer licensed to do business in Indiana
reasonably acceptable to City, insurance ("Insurance"), for protection from claims under
workers' compensation acts, claims for damages because of errors and omissions, and
bodily injury including personal injury, sickness or disease or death of any and all
employees or of any persons other than such employees, and from claims or damages
because of injury to or destruction of property including loss of use resulting therefrom.
Professional shall secure and maintain Professional Responsibility Insurance and such
insurance as will protect the Professional and the City from claims resulting from
Professional's errors and omissions. The coverage amounts shall be no less than those
amounts set forth in Appendix A which is attached hereto. Professional shall cause its
insurers to name City as an additional insured on all insurance policies .COrh,~, ,1~...
· --~rofes,3ionaJ_R~oponsibil;ty F,~;¢y) and to provide that such policies will not be canceled
without thirty (30) days prior notice to City.
7.7 Indemnification.
Professional shall indemnify and hold harmless the City and its respective officers,
employees, and agents from all loss, liability, claims, judgments, and liens, including
costs and expenses and attorney fees, arising out of any negligent act or omission of
Professional or any of its colleagues, associates, agents, employees, or subcontractors in
the performance of this Agreement. The failure to do so shall constitute a material
breach of this Agreement.
7.8 Discrimination Prohibition.
Professional represents and warrants that it and its professionals shall comply with all
existing laws of the United States and the State of Indiana prohibiting the discrimination
against any employee or applicant for employment or subcontract work in the
pcrformancc of any project contcmplatcd by this Agrccmcnt with respect to hire, tcnure,
terms, conditions, or privileges of employment or any matter directly or indirectly related
to employment or subcontracting because of race, religion, color, sex, handicap, national
origin, ancestry, age, disabled veteran status or Vietnam era veteran status.
The City reserves the fight to collect a penalty as provided in IC 5-16-6-1 for
any person discriminated against.
7.9 Severability.
If any provision of this Agreement is held to be invalid, illegal, or
unenforeeable by a court of competent jurisdiction, the provision 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.
7.10 NOtice.
Any notice, invoice, order or other correspondence required to be sent under this
Agreement shall be in writing and either hand delivered or sent by f'~rst-class
U.S. mail addressed to the parties at the following addresses:
CITY:
PROFESSIONAL:
The City of Cannel
One Civic Square
Carrnel, IN 46032
Attention: City Engineer,
(co: The Honorable James Brainard, Mayor
and the City Attorney, Department of Law,
same address)
Cosmopolitan Consulting
Engineering, Inc.
I010 E. 86th Street
Suite 48A
Indianapolis, IN 46240
Attention: Fred Musleh
7.11 Apuroval Date.
The Approval Date is the date in which the last of the parties hereto approves
and executes this Agreement.
7.12 Governing Law.
This Agreement shall be governed by and construed in accordance with the laws
of the State of Indiana and all municipal ordinances and codes of the City of
Cannel, Indiana, as the same shall be in full force and effect upon the Approval
Date.
7.13 Waiver.
The delay or partial inaction on the pan of City in exercising or pursuing its right
and remedies provided hereunder or by law shall not operate to waive any such
rights or remedies.
7.14 Exhibits.
All exhibits and/or appendices referenced herein, whether marked "Exhibit", "Appendix", or some
other title, shall be considered a part of this Agreement.
7.15 Prior Agreements.
This Agreement contains all of the agreements of the panics hereto with respect to any matter
covered or mentioned in this Agreement, and no prior agreement, understanding or representation
pertaining to any such matter shall be effective for any purpose. No provision of this Agreement
may be amended or added to except by an agreement in xvriting signed by the parties hereto or
their respective successors in interest.
7.16 Representation and Warranties.
Parties represent and warrant that they are authorized to enter into this Agreement and the party
executing the Agreement has the authority to bind the party which they represent.
7.17 Entire Agreement.
This Agreement represents the entire understanding between Professional and City with respect to
the subject matter and supersedes all prior negotiations, representations, and/or contracts, either
oral or written.
7.18 Headings.
All heading and sections of this Agreement are inserted for convenience only and do not form part
of this Agreement or limit, expand or othersvise alter the meaning of any provisions hereof.
IN WITNESS WHEREOF, the parti¢~ hcreto have made and executed this agreement on the day and year
first written above.
CITY OF CARMEL, INDIANA
by and through iB Board of Public
Work~ and Safety
BY:
ATTEST:
Diana Cordray, Clerk-Treasurerc
Cosmopolitan Consulting Engineering, Inc.
BY:
Fred Munich, P.E., President
APPENDIX B
BASIC SERVICES OF THE PROFESSIONAL
Professional shall provide for City professional engineering services in all phases
of the project in order to complete the construction of Pennsylvania Street to
accomplish the design as follows:
1. The project shall start at 103rd. Street and Pennsylvania and shall end at Main
Street (131 st Street).
The project shall be designed as an Urban section with curbs and gutter and
enclosed storm sewer system. The design shall be a boulevard type design
with two lanes on each side and a 16'-0" divider in the middle. The divider
shall provide a separate turning lane into major properties and street
crossings.
In the areas where a four lane divided road is not possible or practical
because of existing development or right of way limitations, the design shall
make use of all available space while attempting to ful~l the project
objectives. This may be done by eliminating the median or the turning lanes.
The phases of said project shall be as follows:
PHASE 1 - PRELIMINARY CONSULTATION:
After written authorization by the City to proceed with the Preliminary Consultation
Phase, Professional shall
1.1 Consult with City to clarify the City's requirements for the project and review
available data.
1.2 Provide the field surveys required for the preparation of the design plans for
the project.
1.3 Advise the City as to the necessity of City's providing or obtaining from
others data or services and assist City in obtaining such data and services.
1.4 Identify and analyze requirements of governmental authorities or projects in
the vicinity of the projects that may have an effect on this project.
1.5
Provide a preliminary engineering study on the project in sufficient detail to
indicate dearly the alternative solutions and preliminary cost estimates for the
project, setting forth the Professionai's recommendations.
1.6 Provide the City with two copies of the preliminary report and all other
supporting documents such as field survey, preliminary alignment plans and
cost estimates of the project.
PHASE 2 - PRELIMINARY DESIGN:
After written authorization by the City to proceed with the Preliminary Design
Phase, the Professional shall:
2.1 Prepare Preliminary Design documents consisting of final design criteria,
preliminary drawings, outline specifications and special provisions.
2.2
Prepare the preliminary design which shall be in accordance with the Indiana
Department of Transportation procedures and guidelines and shall follow
guidelines of street construction for the City of Carmel.
2.3 Submit a revised opinion of the probable total project construction cost,
based on the information contained in the preliminary design documents,
PHASE 3 - FINAL DESIGN:
After written authorization by the City to proceed with the Final Design Phase, the
Professional shall:
3.1 Prepare final detailed construction drawings and specifications for the project
on the basis of the approved preliminary plans,
3.2
Advise City of any adjustments to the latest opinion of probable total project
costs caused by changes in general scope, extent or character or design
requirements of the project construction cost.
3.3 Prepare proposal forms and notice to bidders as required by City and assist
legal council in the technical engineering portion of the contract preparation.
PHASE 4 - BIDDING PHASE:
After written authorization by the City to proceed with the Bidding Phase of the
project, the Professional shall:
4.1 Assist City in advertising for and obtaining bids for each pdme contract if
more than one is used and where applicable maintain a record of
prospective bidders to whom bidding document has been issued, attend pre-
bid conference and receive and process deposits for Bidding Documents.
4.2 Issue addenda as appropriate to interpret, clarify or expand the Bidding
Dcuments.
4.3 Attend the bid opening, prepare bid tabulation sheets and assist the City in
evaluating bids or proposals. Make recommendations to the City for the
award of the Contract or Contracts.
PHASE 5 - CONSTRUCTION PHASE:
After written authorization by the City to proceed with the Construction Phase of
the project, the Professional shall:
5.1 Provide general administration of the construction contract including, at the
City's request, the giving of technical engineering information to legal
council as an aid to the interpretation and clarification of the Contract
Documents.
5.2
Check and approve samples, schedules, shop and mill test equipment, and
other data which the Contractor is required to submit only for conformance
with the design concept of the Project and compliance with the information
given in the Contract Document, and shall collect all guarantee required of
Contractors and suppliers.
5.3
Shall make visits to the site at intervals appropriate to the various stages of
construction as Professional deems necessary in order to observe as an
experienced professional the progress and quality of the various aspects of
the Contractor's work. He shall keep City informed of the progress of the
work. During such visits and on the basis of these observations,
Professional may recommend disapproval of or rejection of Contractor's
work while it is in progress if Professional believes that such work does not
conform to the Contract Documents, or that it will prejudice the integrity of
the design concepts of the Project as reflected in the Contract Documents.
6 ADDITIONAL SERVICES
if authorized in writing by the City, the Professional shall fumish additional
services which may include the following, which will be described separately and
paid for by the City on the basis of hourly rate schedule as indicated in Appendix
C:
Property, Boundary, Right of Way research and descriptions of property
takings topographic and utility surveys; core hodrigs, probing or
subsurface explorations; hydrographic surveys; laboratory testing and
inspection of samples or materials; and special consultation.
Additional services due to significant changes in general scope of the
project or its design, including, but not limited to, change in size,
complexity, or character of construction.
Revising previously approved studies, reports, design documents,
drawings or specifications.
Preparing documents for alternate bids requested by the City for work
which is not executed.
Preparing detailed renderings, exhibits, or scale models for the Project.
Furnishing additional copies of reports and additional prints of drawings
and specifications.
Additional or extended services during construction' made necessary by
work damaged by fire or other cause dudng construction.
Additional services and costs necessitated by in-state and out-of-town
travel required of the Professional other than visits to the Project as required
by Section 1 above.
Serving as an expert witness for the City in any litigation or other
proceeding involving the Project.
Special assistance in preparation of applications and supporting
documents for government grants, loans, and advances, or special
services required because of such grants, loans, and advances.
Additional services in connection with the Project not otherwise provided for
in this Agreement, arranged for between Professional and City and
appended as a rider to this Contract.
APPENDIX C
PAYMENTS TO PROFESSIONAL
1.0 For the Basic Services of the Professional described In Appendix B, the City
shall pay the Professional a lump sum fee based on hourly rates and
breakdown of services as shown on the attached tables and as follows:.
Preliminary Consultation Phase
Preliminary Design Phase
Final Design Phase
Bidding Phase
~,nn,~tn~ntinn Ph~-~
Total
$ 30,000.00
$110,805.00
$ 50,710.00
$ 9,485.00
$220,000.00
2.0 For Additional Services described in Appendix B, Section 6, City will pay the
Professional at the following hourly rates:
Principal $85.00
Project Manager $75.00
Professional Engineer $85.00
CAD technician or Engineer $50.00
Drafter $40.00
Secretarial $30.00
3.0 The City will pay the Professional the actual cost of reimbursable expenses,
as defined hereinafter, to the amount expended in the interest of the Project.
4.0 If for any reason, any portion of the project is deleted, from the project limits
as described under this contract after the Preliminary Design Phase is
completed, the fees for the next phase of the work will be adjusted according
to the reduction in the latest estimated construction cost of the project due to
this eliminated portion.
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APPENDIX A
INSURANCE COVERAGES
Workers Compensation & Disability
Employer=s Liability:
Bodily Injury by Accident:
Bodily Injury by Disease
Bodily Injury by Disease
Statutory Limits
$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
OWNER=s Protective Insurance:
(Covered under Agreement)
Per Occurrence:
Aggregate:
September 10, 1997
Ci:y Carmel
DEPARTMENT OF ENGINEERING
Fred Musleh, P.E.
Cosmopolitan Consulting Engineers, Inc.
1010 East 86m Street
Building 1040, Suite 48A
Indianapolis, IN 46240
Additional Services #1 Per Contract #3022
Pennsylvania Street
Dear Fred:
As we discussed, the City of Cannel has a need for additional professional services and pursuant to our
current contract with Cosmopolitan, Contract # 3022, dated December 18, 1996, I have requested and
received from you the proposed scope of services and fee estimates for the following work task:
(1) Geotechnical Investigations for Pennsylvania Street
As I understand it, your time estimate is fourteen days from the Notice to Proceed, and the cost estimate is for
a "Not to Exceed Total" of $6150.00.
Per our contract procedural requirements, 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 the Additional Services # 1 contract should be billed on
separate invoices, and 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 Cannel with your
professional, quality services. If you should have any questions, please give me a call.
Sincerely, ?~/
M. Kate Boyle, P.E.
City Engineer
CC:
Mayor Brainard ·
Deb Grisham, City Attomey
Diana Cordmy, Clerk Treasurer
Steve Engelking, Department of Community Services
Lisa Majors, Engineering Department
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2441
September 10, 1997
City Carme'_
DEPARTMENT OF ENGINEERING
Fred Musleh, P.E.
Cosmopolitan Consulting Engineers, Inc.
1010 East 86~ Street
Building 1040, Suite 48A
Indianapolis, IN 46240
Additional Services # 1 Per Contract #3022
Pennsylvania Street
De~r Fred:
As we discussed, the City of Cannel has a need for additional professional services and pursuant to our
current contract with Cosmopolitan, Contract # 3022, dated December 18, 1996, I have requested and
received from you the proposed scope of services and fee estimates for the following work task:
(1) Geotechnical Investigations for Pennsylvania Street
As I understand it, your time estimate is fourteen days from the Notice to Proceed, and the cost estimate is for
a "Not to Exceed Total" of $6150.00.
Per our contract procedural requirements, 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 the Additional Services # 1 conWact should be billed on
separate invoices, and 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. Kate Boyle, P.E.
City Engineer
Mayor Brainard ·
Deb Grisham, City Attorney
Diana Cordray, Clerk Treasurer
Steve Engelking, Department of Community Services
Lisa Majors, Engineering Department
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2441
COSMOPOLITAN CONSULTING ENGINEERS, INC.
June 27, 1997
Ms. Kate Boyle, P.E.
Carmel City Engineer
1 Civic Square
Carmel, Indiana 46032
rRU
1010 East 86th Street
Building 1040 Suite 48A
Indianapolis, Indiana 46240
Tel. (317)844-1998
Re: Pennsylvania Avenue Project
Additional Services. Geotechnical Investigations
Dear Ms. Boyle:
Section 4 and Appendix B Article 6 of our Contract with the City for the above
referenced project requires your written authorization to perform additional
services.
We have received the enclosed proposal from our Consultant Devine
Engineering Incorporated to perform these services. The scope of work for this
item was generated by the Consultant and approved by our staff.
If you have any questions, Please let me know.
(,~/~. truly yours,
Fred E. Musleh, P.E.
President
DEVINE :
ENGINEERING
INCORPORA TED
754 N. Sherman Dr. Indianapolis IN 46201
(317) 972-4919 Fax (317) 972-4921
June 24,1997
Mr. Fred Musleh
Cosmopolitan Consulting Engineers, Inc.
1010 East 86th Street
Building 1040, Suite 48A
Indianapolis, IN 46240
Re:
Cost Estimate and Letter of Agreement
Subsurface Investigation & Geotechnicai Engineering Services '
Pennsylvania Street/Road - 103rd to 131st Street
Carmel, Indiana
Dear Mr. Musleh:
We are pleased to present this Cost Estimate and Letter of Agreement for a Subsurface
Investigation and Geotechnical Engineering Evaluation for the above referenced project.
PROJECT DESCRIPTION
The proposed project under consideration for this Geotechnical Study is the reconstruction/
resurfacing of approximately 2 miles, and the new construction of approximately 1 miles of
Pennsylvania Street/Road between 103rd and 131 st Streets in Carmel, Indiana.
The Geotechnical Investigation for this project is to be funded locally, and as a result is not subject
to INDOT submittal and review. The work will be supervised and/or performed by an INDOT
approved Geotechndal Engineer, and Indiana Registered Professional Engineer.
Practical, Cost Effective Solutions to Your
Geo-Engineering, Geo-Environmental, Site
Investigation and Construction Challenges
1 c:\contract%pennave.doc
SCOPE OF WORK
Devine Engineering Inc. will provide the following Professional Services:
1. Bodng layout and Geotechnical site reconnaissance.
2. Coordinate ddlling program with Engineers/Owners representative, as necessary.
,
o
e
Perform 16 - 7.5 foot deep soil bodngs with split spoon sampling to evaluate the subsurface
conditions along the new roadway alignment, and perform 20 pavement cores to document
the existing pavement conditions.
Retain representative samples of the subsurface materials from each bodng.
Backfill all bodngs with cuttings.
Perform Laboratory Analyses and an Engineering Evaluation of all subsurface samples.
Perform Index and Classification testing on representative major soil types. This testing may
include testing or estimates of Moisture Content, Atterberg Limits, Grain Size,
Compressive Strength determination by Hand Penetrometer, Standard Proctor and CBR.
Prepare bodng logs which graphically represent the subsurface conditions encountered at
each bodng location.
Prepare an engineering report of Geotechnical Recommendations as they relate to the
proposed design and construction. The Geotechnical Report and recommendations will
include:
General soil types.
Groundwater conditions.
Bodng logs.
Soil test results.
Recommendations for subgrade preparation.
Evaluation of the suitability of the on-site soils for use as fill.
Fill placement guidelines and compaction criteria.
Pavement subgrade recommendations.
CBR recommendations for pavement design.
Drainage Recommendations.
2 c:~¥ra~nnave.doc
In addition to the items listed above, which should be typical of any Geotechnical Report, our
approach is to go a step further by interpreting the conditions and design parameters given
above, and evaluating their impact on the construction process. This type of approach and
evaluation yields insight into the conditions that could cause construction difficulties,
delays, prolonged schedules, require special equipment, etc.
Also, based on our extensive pest experience with trouble shooting and solving problems in
the field during construcUon, we are able to offer altematives and recommendaUons of how
to best handle these difficult situaUons. It has been our exoerlence, that foreseein_q
problems and planning fOr them accordinCv during the design phase, pays fOr itself
exponentially during construction.
This estimate is based on the applicable unit rates and the stated number of units in accordance
with our understanding of the proposed project. The final cost of the work would be based on the
quantity of work actually performed. Additional work beyond the proposed scope of services, or
number of units given, will be performed only upon authorization from your office.
We have assumed a truck mounted ddll dg can maneuver the site unassisted.
The scope of this study is to evaluate the pertinent Geotechnical aspects of the subsurface
materials as they impact the design and construction (i.e. the Engineering properties and behavior of
the subsurface materials). This study is not intended to consider, evaluate or comment on the
Environmental conditions or concems of the site. If potentially dangerous or hazardous conditions
are encountered dudng our ddlling operations, the geotechnical investigation may be suspended
until an Environmental Assessment can be performed.
SCHEDULE
We are prepared to start planning, staffing and mobilization immediately upon receipt of a "Notice to
Proceed". The ddlling will be completed within 14 days after the "Notice to Proceed'. Preliminary
verbal results will be available immediately upon completion of the field and laboratory testing. The
Engineering Report will be delivered for your review within 14 days following completion of the ddlling
operations. If a more expedient schedule is required, please let me know immediately and we
will make every effort to work with you to meet your project needs.
3 c:~.,ontract~ave.doc
F.EE
The following is the estimated fee based on the anticipated hours/units appropriate for the project.
Drillin~ Services:
Mobilization of Ddll Crew & Equipment .............................................................................$ 250.00
Soil Bodngs - 16 @ 7.5 ft. @ $9.25/foot ...........................................................................$1,110.00
Bodng Layout/Site Reconnaissance/Utility Locate ...........................................................$ 500.00
Pavement Cores with aggregate and subgrade soils evaluation - 20 @ $75.00 ea ....... $1,500.00
Traffic Control- 2 days @ $400.00/day ............................................................................$ 800.00
Subtotal ........................................................................................$4,160.00
Laboratory Services:
Engineering Soils Evaluation, Classification and Testing ....................................................$350.00
CBR Tests- 2 ea. @ $445.00 ea ........................................................................................$890.00
Engineering Services:
Geotechnical R ecommendations/Engineedng Report ........................................................$ 750.00
Total Estimated Fee ....................................................................$6,150.00
We appreciate the oppodunity to work with you as your Geotechnical Engineering Consultant.
Please let me know immediately if you require additional information. We look forward to working
with you. Please contact our office if you have any questions.
Respectfully Submitted,
Devine Enginee ' _cl Inc.
-
4 c:~fltrac6pennave.doc
EN*~INE**,*ERiNG.,/
Cost Estimate and Letter of Agreement
Subsurface Investigation & Geotechnical Engineering Services
Pennsylvania Street/Road - t03rd to 131st Street
Cannel, Indiana
AGREED AND ACCEPTED
Cosmopolitan Consulting Engineers, Inc.
Signature:
Pdnt Name:
Title:
Date:
c:~xYo'a~ve.doc
City Carmel
DEPARTMENT OF ENGINEERING
January 29% 1998
Fred Musleh, P.E.
Cosmopolitan Consulting Engineers, Inc.
1010 East 86th Street
Building 1040, Suite 48A
Indianapolis, IN 46240
Additional Sentices # Per Contract # 3022
Pennsylvania Street
Dear Fred:
As we discussed, the City of Cannel has a need for additional professional services and pursuant to our current contract
with Cosmopolitan, Contract # 3022, dated December 18, 1996, I have requested and received from you the proposed
scope of services and fee estimates for the following work task:
(3) Traffic Signal Design for Permsylvania Street Attachment "C"
As I understand it, your time estimate is concurrent with the current design project, and the cost estimate is for a "Not to
Exceed Total" of $19,000.00.
Per our contract procedural requirements, I hereby approve this additional professional sentices estimate, and grant you
the Notice to Proceed on providing these services.
Please be advised that work on the original and this Additional Sentices #3 contract should be billed on separate
invoices, and 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 Carreel with your professional, quality sentices. If you
should have any questions, please give me a call.
Sincerely,
#,
M. Kate Boyle, P.E.
City Engineer
Mayor Brainard
Doug Haney, City Attomey
v'Biana Cordray, Clerk Treasurer
Steve Engelking, Department of Community Services
Joe Staehler, Department of Administration
File Copy
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2441
December 21, 1998
Ci:y of Carme_
DEPARTMENT OF ENGINEERING
Fred Musleh, P.E.
Cosmopolitan Consulting Engineers, Inc.
1010 East 86th Street
Building 1040, Suite 48A
Indianapolis, IN 46240
Additional Services #5 and #6 Per Contract # 3022 (Pennsylvania Street)
Dear Fred:
As we discussed, the City of Cannel has requested additional professional services relating to the changes in the preparation
of plans for the above project and for an additional project. Pursuant to our current contract with Cosmopolitan, Contract #
3022, dated December 18, 1996, I have requested and received from you the proposed scope of services and fee estimates
for the following work task:
Additional Services #5
Description:
Fee Estimate:
Attachment "D"
Temporary Right-of-Way Descriptions for 17 Parcels (Pennsylvania Street)
Not to Exceed $5,500.00
Additional Services
Description:
Attachment "E"
Design of Merchants Square Drive and AAA Way Intersection
Task 1 - Surveys and Preliminary Plans $ 9,965.00
Task 2 - Final Plans $14,505.00
Task 3 - Bidding Phase $ 780.00
Task 4 - Right-of-Way Descriptions $ 2.100.00
Sub-Total (Add. #6) $?-7,350.00
TOTAL (Add. #5 & ~6) $32,850.00
Per our contractual requirements, the City of Carreel requests that you submit a time estimate for both of there additional
services contracts as soon as possible. I hereby approve this additional professional services estimate, and grant you the
Notice to Proceed on providing there services.
Please be advised that work on the original, previous Additional Services and these Additional Services #5 & ~ 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 Carreel with your
professional, quality services. If you should have any questions, please give me a call.
Sincerely,
M. Kate Boyle-Weese, IC.F.~.
city Engineer
Mayor James Brainard
Doug Haney, City Attorney
Diana Cordray, Clerk Treasurer
Steve Engelking, Department of Community Services
Joe Staehler, Department of Administration
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2441
A frAc. e:14t" "D"
C. C. E. ' Se w "'I/r 5'
COSMOPOLITAN CONSULTING ENGINEERS, INC. l~ '10 "q ~
December 9, 1998
1010 East 86th Street
Building 1040 Suite 48A
Indianapolis, Indiana 46240
Tel. (317)844-1998
Ms. M. Kate Boyle, P.E.
Carmel City Engineer
One Civic Square
Carmel Indiana 46032
Ref: Penns. ylvania Street Reconstruction
TemporaW Easements for TemporaW R/VV
Dear Ms. Boyle:
This is a follow up on your request on December 3, 1998 requesting us to
prepare TemporaW Easements, plats and description for those parcels that have
the construction limits extending beyond the permanent easement that we
prepared in the past.
There are 17 parcels that need to be considered. A list of these parcels is
enclosed. The last column in the list indicates the problem at these parcels.
We propose to perform these services on a cost plus basis with a maximum not
to exceed $5500.00.
Please let us know if this is acceptable to the City.
~W truly yours,
Fred E. Musleh, P.E.
President
COSMOPOLITAN CONSULTING ENGINEERS, INC.
October 19, 1998
Ms. Kate Boyle, P.E.
Carmel City Engineer
I Civic Square
Carmel, Indiana 46032
1010 East 86th Street
Building 1040 Suite 48A
Indianapolis, Indiana 46240
Tel. (317)844-1998
Ref: Proposal for the Design of Merchant Square Drive and AAA Way
Dear Ms. Boyle:
I am enclosing herewith our proposal for the design of the of the above
referenced project. After soliciting and obtaining all the available information,
we find that there is still a need to have additional surveys for this project. As
built information on the Merchant Square complex were not available as well as
the need to get some data about drainage structures. Additional drainage
structures have to be installed to tie to the existing facilities,
Our fees for the project are broken down as follows:
1. Surveys and Preliminary Plans:
2. Final Plans:
3. Bidding Phase:
4. Right of Way Descriptions:
5. General administration of the Construction:
$ 9,965.00 v'/
$14,505.00 v'/
$ 780.00v/
$ 2,100.00 V/'
SUBTOTAL:
$3.2,475.00
6. For Full Time Inspection add (15420-5125):
TOTAL:
$10,295.00)
$ 42,760.00
If a full time inspection is Required item 5 will be deleted
and item 6 will be added
Very truly ,.~,
Fred E. Musleh, P.E.
President
(1)
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C
January 26, 1999
City of Carme'_
DEPARTMENT OF ENGINEERING
Fred Musleh, P.E.
Cosmopolitan ConSulting Engineers, Inc.
1010 East 86th Street
Building 1040, Suite 48A
Indianapolis, IN 46240
RE: Additional Services #7 Per Contract # 3022 (Pennsylvania Street)
Dear Fred:
As we discussed, the City of Carmel would like for you to provide additional professional sen'ices relating to the changes in
the preparation of plans for the above project. Pursuant to our current contract with Cosmopolitan, Contract # 3022, dated
December 18, 1996, I have requested and received from you the proposed scope of services and fee estimates for the
following work task:
Additional Services #7
Description:
Fee Estimate:
Attachment "A"
Revisions to Pennsylvania Design due to Conflicts with Ameritech Lines
Hourly Basis, Not to Exceed $15,000.00'
Per our contractual requirements, the City of Carmel requests that you submit a time estimate for this additional services
contract as soon as possible. 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, previous Additional Services and this Additional Services #7 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. Kate Boyle-Weese, P.E.
City Engineer
Mayor James Brainard
Doug Haney, City Attorney
Diana Cordray, Clerk Treasurer
Steve Engelking, Department of Community Services
Joe Staehler, Department of Administration
* Per the commitment made by Dick Waltz, of Ameritech, at the meeting held by the Department of Engineering, City of Carmel on 1-25-
99 (see attached letter), the City of Carmel will only be responsible for one-half of the maximum limit, with the other one-half to be paid
by Ameritech. Please invoice the City for only up to $7,500.00 and submit invoices beyond this amount to Ameritech. Therefore, this
Notice to Proceed is for a maximum, not to exceed amount of $7,500.00.
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2441
COSMOPOLITAN CONSULTING ENGINEERS, INC.
January 27, 1999
II A If
1 01 0 East 86th Street
Building 1040 Suite 48A
Indianapolis, Indiana 46240
Tel. (317)844-1998
Ms. M. Kate Boyle - Weese, P.E.
Carmel City Engineer
One Civic Square
Carmel Indiana 46032
Ref: Pennsylvania Street Reconstruction
Conflicts with Ameritech lines
Dear Ms. Boyle- Weese:
We are pleased to submit this proposal to revise the design of the above
referenced project to minimize the expenses to all concerned and minimize the
conflict with the Ameritech lines without jeopardizing the integrity of the design of
the project.
We propose to perform these services as additional services to our contract with
the City. We will use the hourly rates in our 1996 Contract for our billing.
Since the amount of time this will take cannot be established at this time we
recommend a not to exceed fee of $15,000.00 be used at this time. This fee will
not be exceeded without prior authorization from the City.
As per your verbal authorization to Mr. Murray on Monday January 25, 1999, we
are working on the project at the present time.
A written authorization to confirm your acceptance will be appreciated.
Very truly yours,
Fred E. Musleh, P.E.
President
A rF HM
t tA t!
5870 North College Avenue
Indianapolis, IN 46220
J~nuary 26, 1999
City of Carmel
Kate Boyle, City Engineer
One Civic Square ~~ ~,'~.~L"-',. ~
Carmel, IN 46032 L~/. Si~j.~
RE: Carm.el City Road Project, Pennsylvania Ave., 106th Stre ~' ~./. ~
to Old Meridian Road
Dear Kate:
On Monday, January 25, 1999 Ameritech Representatives,
Richard Waltz, Steve Krebs and Steve Garner, Ameritech Consultant
met with yourself, Joe Stachler, City of Carmel and Scott Murray,
C.C.E. Engineers and Trent Newport, Crossroads Engineers to discuss
Ameritech's conflicts with the aforementioned project.
Ameritech's 199 test holes resulted in a sizable amount of hard
conflicts that could result in approzimately $1 million dollars worth
of reimbursement to Ameritech because of facilities being located in
easements. Through negotiations the majority of these conflicts can
be resolved if modifications were made with the existing plans.
Scott Murray, C.C.E. Engineering stated he could make changes
if the City of Carmel would authorize him to do so at an extra cost of
approximately $15,000 engineering costs. Richard Waltz has agreed,
via this letter, for Ameritech to partner with the City of Carreel to
assume 50% of the reengineering costs to alleviate the majority of
the conflicts with this project.
By entering into this partnership with the City of Carmel it will
enable the City of Carmel to aggressively move forward with the
'design and construction of this project. It will also alleviate an
enormous amount of work and expense for the City of Carmel and
Ameritech during the 1999 calendar year and not inflate budgets.
If you have questions please call me at 317-252-5134.
Sincerely,
Richard A. Waltz ~
Ameritech Engineer
cc: Scott G. Murray
Trent E. Newport