MS Consultants, Inc./EngrMS CONSULTANTS, 1NC.
Engineering Dept - 2003
Appropriation #Coit 462857; P.O.#5241 A~}PROV
Contract Not To Exceed $54,930.00 I:O~J~
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement"), is hereby made and
entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works
and Safety (hereinafter "City"), and MS Consultants (hereinafter "Professional").
RECITALS
WHEREAS City owns and is responsible for its public works, its public sewer and water systems,
and its infrastructure; and
WHEREAS, from time to time, City needs engineering and related assistance (the "Services") in
fulfilling its foregoing responsibilities; and
WHEREAS, Professional is experienced in providing and desires to provide to City the Services
referenced herein; and
WHEREAS, City desires to engage Professional as an independent contractor for the purpose of
providing to City the Services referenced herein;
NOW, THEREFORE, in consideration of the foregoing recitals and the covenants and conditions
set forth herein, City and Professional mutually agree as follows:
SECTION 1.
INCORPORATION OF RECITALS
The foregoing Recitals are hereby incorporated into this Agreement and made a part hereof.
SECTION 2.
2.1
2.2
SCOPE OF SERVICES
City desires to engage Professional as an independent contractor for the Services set forth in
attached Exhibit A, incorporated herein by this reference.
Professional understands and agrees that City may, from time to time, request Professional to
provide additional or modified Services, the scope of which shall be as requested and defined by
the Mayor or his duly authorized representative and attached hereto in the order approved by City.
2.3 Time is of the essence of this Agreement.
mod/contracts/ENGINEERING/msconsultants02/24/03 1
MS CONSULTANTS, 1NC.
Engineering Dept - 2003
Appropriation#Coit 462857; P.O.#524!
Contxact Not To Exceed $54,930.00
SECTION 3.
CITY'S RESPONSIBILITIES
3.1 City shall provide such information as is reasonably necessary for Professional to understand the
Services requested.
3.2. City shall arrange for Professional to enter upon public and private property as reasonably required
for Professional to perform the Services.
3.3 City shall designate payment of the Services from City budget appropriation number Coit 462857
funds.
3.4 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
Professional shall perform the Services pursuant to the terms of this Agreement and within any
applicable time and cost estimate.
4.2 Professional shall coordinate with City its performance of the Services.
4.3
Professional shall provide the Services by following and applying at all times reasonable and
lawful standards as accepted in the industry.
SECTION 5.
COMPENSATION
5.1
Professional estimates that the total price for the Services to be provided to City hereunder shall be
no more than Fifty Four Thousand Nine Hundred and Thirty Dollars ($54,930.00) (the
"Estimate"). Professional shall submit an invoice to City no more than once every thirty (30) days
for Services provided City during the time period encompassed by such invoice. Invoices shall be
submitted on a form containing the same information as that contained on the Professional
Services Invoice attached hereto as Exhibit B, incorporated herein by this reference. City shall pay
Professional for all undisputed Services rendered and stated on such invoice within sixty (60) days
from the date of City's receipt of same, or be subject to a late charge of one percent (1%) of such
unpaid and undisputed invoice amount for each month same remains unpaid.
5.2
Professional agrees not to provide any Services to City that would cause the total cost of same to
exceed the Estimate, without City's prior written consent.
SECTION 6.
TERIVl
Subject to the termination provisions set forth in Section 7.1 hereinbelow, this Agreement shall be
in effect from its Effective Date through December 31, 2003, and shall thereafter, on the first day
of January in each subsequent year, automatically renew for a period of one (1) year.
mod/contracts/ENGINEERING/msconsultants02/21/03 2
MS CONSULTANTS, 1NC.
Engineering Dept - 2003
Appropriation#Coit 462857; P.O.#5241
Contract Not To Exceed $54,930.00
SECTION 7.
MISCELLANEOUS
7.1 Termination.
7.1.1 The obligation to provide all or any portion of the Services under this Agreement may be
terminated by City or Professional, without cause, upon thirty (30) days' notice.
7.1.2
The obligation to provide all or any portion of the Services under this Agreement may be
terminated by City, for cause, immediately upon Professional's receipt of City's "Notice
To Cease Services."
7.1.3
In the event of full or partial Agreement termination, and as full and complete
compensation hereunder, Professional shall be paid for all such Services rendered and
expenses incurred as of the date of termination that are not in dispute, except that such
payment amount shall not exceed the Estimate. Disputed compensation amounts shall be
resolved as allowed by law.
7.2 Binding Effect.
City and Professional, and their respective officers, officials, agents, partners and successors in
interest are bound to the other as to all Agreement terms, conditions and obligations.
7.3 No Third Party Beneficiaries.
Nothing contained herein shall be construed to give rights or benefits to anyone other than the
parties hereto.
7.4 Relationship.
The relationship of the parties hereto shall be as provided for in this Agreement, and neither
Professional nor any of its agents, employees or contractors are City employees. Professional shall
have the sole responsibility to pay to or for its agents, employees and contractors all statutory,
contractual and other benefits and/or obligations as they become due. Professional hereby warrants
and indemnifies City for and from any and all costs, fees, expenses and/or damages incurred by
City as a result of any claim for wages, benefits or otherwise by any agent, employee or contractor
of Professional regarding or related to the subject matter of this Agreement. This indemnification
obligation shall survive the termination of this Agreement.
mod/contrac~s/ENGINEERING/msconsultants02/21/O3 3
MS CONSULTANTS, 1NC.
Engineering Dept - 2003
Appropriation #Coit 462857; P.O.#5241
Conlzact Not To Exceed $54,930.00
7.5 Insurance.
Professional shall procure and maintain with an insurer licensed to do business in the State of
Indiana such insurance as is necessary for the protection of City and Professional from all claims
under workers' compensation, occupational disease and/or unemployment compensation acts,
because of errors and omissions, because of bodily injury, including, but not limited to, the
personal injury, sickness, disease, or death of any of Professional's employees, agents or
contractors and/or because of any 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. Such insurance policies shall not be canceled without thirty (30)
days' prior written notice to City.
7.6 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 afl.er the date of filing,
City shall have the right to pay or bond over such lien at Professional's sole cost and expense.
7.7 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 after receipt of
notice from City specifying same; or (d) becomes insolvent, files, or has filed against it, a petition
for receivership, makes a general assignment for the benefit of creditors or dissolves, each such
event constituting an event of default hereunder, City shall have the right to terminate all or any
part of this Agreement, without liability to Professional and to exercise any other rights or
remedies available to it at law or in equity.
7.8 Government Compliance.
Professional agrees to comply with all present and future laws, executive orders, roles and
regulations applicable to Professional's performance of its obligations under this Agreement, and
all relevant provisions thereof are incorporated herein by this reference, and 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 same. This indemnification obligation shall survive the
termination of this Agreement.
7.9 Indemnification.
Professional shall indemnify and hold harmless City and its officers, officials, employees and
agents from 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 or contractors in the performance of
this Agreement. This indemnification obligation shall survive the termination of this Agreement.
mod/contracts/ENGINEERING/msconsultants02/21/03 4
MS CONSULTANTS, 1NC.
Engineering Dept - 2003
Appropriation#Coit 462857; P.O.#5241
Contract Not To Exceed $54,930.00
7.10 Discrimination Prohibition.
Professional represents and warrants that it and each of its employees, agents and contractors shall
comply with all existing and future laws 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. This
indemnification obligation shall survive the termination of this Agreement.
7.1 ! Severabilitv.
If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of
competent jurisdiction, that provision shall be stricken, and all other provisions of this Agreement
which can operate independently of same shall continue in full force and effect.
7.12 Notice.
Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this
Agreement shall be written and either hand-delivered or sent by prepaid U.S. certified mail, return
receipt requested, addressed to the parties as follows:
CITY:
City of Carmel
One Civic Square
Carmel, 1N 46032
ATTN: Kate Weese, City Engineer
(with a copy to the City Attorney,
Department of Law, same address)
PROFESSIONAL:
MS Consultants
9302 N. Meridian St. - Suite 340
Indianpolis, 1N 46240
ATTN: 'I~i~ ~. C~o..cR~,
Notwithstanding the above, City may orally provide to Professional any notice required or
permitted by this Agreement, provided that such notice shall also then be sent as required by this
paragraph within ten (10) business days from the date of such oral notice.
mod/contracts/ENGINEERING/msconsultants02/21/~3 5
MS CONSULTANTS, INC.
Engineering Dept - 2003
Appropriation #Coit 462857; P.O.#5241
Contract Not To Exceed $54,930.00
7.20 Advice of Counsel.
The parties warrant that they have read this Agreement and fully understand it, have had an
opportunity to obtain the advice and assistance of counsel throughout the negotiation of same, and
enter into same freely, voluntarily, and without any duress, undue influence or coercion.
1N 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
MS CONSULTANTS, INC.
inard, Presiding Officer
Date:Arm/m
Lori S, Wa
Date:( ~
ATTE~:
/~a Cor&~. ~lerk-Tre~
Oat :
/
Authorized Signm{ure
Printed Name: Thomas E. Mosure~ PoE.~ P.S.
Title: President
FID/TIN: 34-6546916
SSN if Sole Proprietor:
Dme: March 7, 2003
mod/cont ract s/ENGINEERING/msconsul t ant s02 / 21/03 7
ms consultants, inc.
engineers, architects, planners
9302 North Meridian Street, Suite 340
Indianapolis, IN 46260
Phone: (317) 566-0050
Fax: (317) 566-0052
www. msconsultants.com
February 14, 2003
Ms. M. Kate Weese, P.E., City Engineer
City of Carmel
One Civic Square
Carmel, Indiana 46032
Proposal for Professional Services
Sight Distance Corrections on Gray Road:
1) South of Woodfield Drive, and
2) South of Woodcreek Drive
Dear Ms. Weese:
Enclosed is ms consultants, inc.'s proposed scope of services and fee proposal for the
referenced project. This document has been prepared to enumerate those services to be
performed by ms consultants. This proposal is based on the following:
Field review of Woodfield Drive site by ms consultants on December 7, 2001, and
Field review of Woodcmek Drive_site by ms consultants on January 28, 2003.
Meeting between ms consultants and Ms. M. Kate Weese, EE., City Engineer on
February 12, 2003
PROJECT DESCRIPTION:
The City of Carmel plans to construct sight distance corrections at two locations on Gray
Road, one located south of Woodfield Drive and one located South of Woodcreek Drive.
South of Woodfield Drive
Woodfield Drive intersects Gray Road with a T-intersection. A short, steep crest vertical
curve immediately south of Woodfield Drive provides vehicles attempting to enter Gray Road
less than sufficient intersection sight distance in which to detect and react to oncoming vehicles.
At intersections with stop-sign control on the minor road (Woodfield Drive) and a design speed
of 30 mph (posted Gray Road speed limit) on the major road, intersection sight distance of at least
330 feet for passenger cars and 430 feet for single unit trucks should be provided for vehicles
departing Woodfield Drive. Recognizing that Gray Road traffic may reach operating speeds of
40 or even 50 mph, desired intersection sight distance increases to 450 to 560 feet for passenger
cars and 560 to 700 feet for single unit trucks. Further obstructing sight distance on the crest
vertical curve are many small-diameter trees adjacent to the east edge of pavement.
Offices in: Akron, Canton, Columbus, Youngstown, OH; Charleston, WV; Indianapolis, IN; Pittsburgh, PA; Raleigh, NC
February 14, 2003
City of Carmel
Page 2
o
Looking South on Gray Road from Woodfieid Drive
From a Height of 3.5 ft. (Height of Eye)
Looking North on Gray Road from Woodfield Drive
From a Height of 3.5 ft. (Height of Eye)
This section of Gray Road was last resurfaced in 2001. The roadway cross section
provides 2 travel lanes @ 11 feet wide, bordered by narrow grassy shoulders. A pavement edge
drop-off exists along the east side of Gray Road atop the crest vertical curve south of Woodfield
Drive. There are sidewalks on both sides of Gray Road, separated from the roadway by a grassy
strip. Roadway drainage is provided by side ditches, some enclosed. Right-of-way widths are
approximately 40 feet on the both sides of Gray Road, except for one parcel (Russell) on the west
side of the Gray Road where existing R/W is 16 feet (120 to 240 feet south of Woodfield Drive).
Area of Tree Clearing along East Side of Gray Road,
South of Woodfield Drive (Facing S.W.)
Note Pavement Edge Drop-off
It is desirable to confine the project limits to between Woodfield Drive on the north and
Wedgewood Lane on the south, a distance of about 500 feet, to avoid construction impacts to
these intersections. It is recommended that the highest design speed (up to a limit of 50 mph)
intersection sight distance be provided for the desired construction budget within these desired
project limits.
February 14, 2003
City of Carmel
Page 3
For example, a pre-preliminary intersection sight distance analysis using available USGS
topographic mapping suggests that removing and lowering varying lengths of the crest vertical
curve on Gray Road south of Woodfield Drive can provide needed intersection sight distance, as
follows for different combinations of vehicle types and design speeds:
Vehicle Type
Passenger Car
Single Unit Truck
Gray Road Approx. Pvmt. Estimated Min.
Design Speed Removal Length Proj. Length**
30 mph* 0 ft. 0 ft.
40 mph 215 ft. 435 ft.
50 mph 320 ft. 570 ft.
30 mph* 165 ft. 355 ft.
40 mph 230 ft. 450 ft.
50 mph 370 ft. 620 ft.
* Current Posted Speed
** Pvmt. Removal Length +Min. Tie-In Vertical Curves +100 ft. Incidental Construction
It is anticipated that additional strip R/W will need to be acquired from the Russell parcel
on the west side of Gray road.
South of Woodcreek Drive
Woodcreek Drive intersects Gray Road with a T-intersection. A short, steep crest
vertical curve, located between 225 and 415 feet south of Woodcreek Drive, provides vehicles
attempting to enter Gray Road less than sufficient intersection sight distance in which to detect
and react to oncoming vehicles. At intersections with stop-sign control on the minor road
(Woodcreek Drive) and a design speed of 30 mph (posted Gray Road speed limit) on the major
road, intersection sight distance of at least 330 feet for passenger cars and 430 feet for single unit
trucks should be provided for vehicles departing Woodfield Drive. If Gray Road traffic reaches
operating speeds of 40 or 50 mph, desired intersection sight distance increases to 450 to 560 feet
for passenger cars and 560 to 700 feet for single unit trucks.
Looking South on Gray Road from Woodcreek Drive
Looking North on Gray Road from Kingswood Drive
February 14, 2003
City of Carmel
Page 4
q-Ao
This section of Gray Road provides 2 travel lanes @ 11 feet wide, bordered by narrow
grassy shoulders. There are sidewalks along the east side of Gray Road, separated from the
roadway by a grassy strip. Roadway drainage is provided by side ditches. Right-of-way widths
are approximately 16 feet on the west side and 40 feet on the east side of Gray Road. There is a
private drive on the west side of Gray Road, about 250 feet south of Woodcreek Drive.
Private Drive
On the West Side of Gray Road
South of Woodcreek Drive
It is desirable to confine the project limits to between the existing residential drive
entrance on the west side of Gray Road (seen in photo above) on the north and Kingswood Drive
on the south, a distance of about 550 feet, to avoid construction impacts to the street and drive
approaches. Again, it is recommended that the highest design speed (up to a limit of 50 mph)
intersection sight distance be provided for the desired construction budget within these desired
project limits.
A pre-preliminary intersection sight distance analysis using available USGS topographic
mapping suggests that removing and lowering a portion of the crest vertical curve on Gray Road
south of Woodcreek Drive, combined with raising the road grade south of the curve, can provide
needed intersection sight distance at Woodcreek Drive within the desired project limits.
It is anticipated that additional strip R/W will need to be acquired from two parcels
(Morgan, TMF Ltd.) on the west side of Gray Road.
Utilities serving both project areas include overhead power (PSI), buried telephone
(Ameritech), cable TV, water, gas (Indiana Gas) and sanitary sewer.
It is anticipated that Gray Road will be closed during construction, with through traffic
being detoured around the individual project areas. The Contractor will be limited to the actual
lengths of road closure.
February 14, 2003
City of Carmel
Page 5
ms consultants inc. proposes to provide professional services to design the
reconstruction of Gray Road to correct the substandard sight distance at each referenced location.
ms consultants will obtain necessary permits and will prepare plans and contract documents to
enable the City of Carmel Board of Public Works to bid the project for construction.
Improvements to Gray Road will be designed in accordance with American Association
of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of
Highways and Streets 2001, utilizing its updated intersection sight distance design criteria.
Design standards will be subject to review by the City of Carmel Engineering Department. The
present 11-foot lane width will be maintained.
SCOPE OF SERVICES by ms consultants inc.
Project Field Survey
A complete topographic and level survey of both project sites will be performed so that
the projects can be designed within the prior referenced project limits. Sufficient coverage will be
obtained so that approach work incidental to this project can be incorporated into the construction
plans. Cross-sections and profiles of Gray Road will be obtained. Property ownership and
boundaries will be determined.
Road Design and Plans
Field survey notes will be reviewed for completeness. Initial plots of topography for plan
view details will be generated. Original cross sections depicting existing ground conditions will
be plotted. Preliminary typical cross sections plus a plan title sheet will be developed.
Profile grades and project limits at each site will be established, based on an intersection
sight distance analyses. Lengths of vertical curves will also provide required stopping sight
distance along Gray Road. Approach details will be drawn, including grade tie-ins, typical cross-
sections, roadway drainage design, intersection and drive approach details and maintenance of
traffic plans. Proposed typical sections will be plotted on cross-sections. Limits and dimensions
for necessary earth retaining structures will be determined and plotted. An on-site field check
will be scheduled with City Engineering, utilities and applicable review agencies.
If desired by the City, a single public information meeting will be scheduled to invite
public input on the proposed improvements.
Upon approval of preliminary plans, ms consultants will prepare final, detailed
construction drawings and bid documents. All contract quantities will be computed.
Construction and environmental permits will be finalized and obtained. A detailed construction
cost estimate will also be prepared in Estimator® format.
Both improvement projects will be combined into one construction contract and one set
of bid documents.
February 14, 2003
City of Carmel
Page 6
Prior to the construction letting, ms consultants will be available to answer bidders~
questions.
Post Bid Activities
ms consultants will schedule and preside over a pre-construction conference with the
City Engineer, the Contractor and affected utilities, ms will check all necessary shop drawings
and will be available throughout the construction period to answer questions which may arise.
Geotechnical Investigation
Soil borings, analysis and recommendations will be obtained if necessary for the design
of special structures.
Right-of-Way Engineering and Acquisition Services
Right-of-way engineering and preparation of land plats and legal descriptions will be
conducted. Right-of-way acquisition services will be provided.
Excluded Services
Environmental Document
Construction Observation
ESTIMATED CONSTRUCTION COSTS:
South of Woodfleld Drive:
Work Performed
Road Reconstruction
Right-of-Way
Subtotal, Estimated Construction Cost
South of Woodcreek Drive:
Road Reconstruction
Right-of-Way
Subtotal, Estimated Construction Cost
Estimated
Construction Cost
$ 230,000.00
5,000.00
$ 235,000.00
$ 255,000.00
15,000.00
$ 270,000.00
TOTAL ESTIMATED CONSTRUCTION COST $ 505,000.00
February 14,2003
City of Carmel
Page 7
PROPOSED FEE:
ms consultants, inc proposes the following fee to perform the described scope of services, based
on the following estimated breakdown:
Work Performed
Project Field Survey
Road Design & Plans, Contract Documents
Conduct (1) Public Hearing
Prepare Utility Agreements
Post-Bid Activities
Right-of-Way Engineering (3 parcels)
Right-of-Way Acquisition Services (3 parcels)
Total Proposed Fee
Lump Sum Fee
$ 8,OOO.OO
30,230.00
1,600.00
3,500.00
500.00
3,600.00
7,500.00
$ 54,930.00
PROPOSED SCHEDULE:
Assuming that no acquisition of additional right-of-way is required, ms consultants proposes the
following project development schedule:
Item Duration
Notice-to-Proceed
15 days
Field Survey Complete
30 days
Prelim. Plans Complete
10 days
Field Check / Utility Coord.
30 days
Final Plans Complete
20 days
Bid Letting
Calendar Days After NTP
15
45
55
85
105
We appreciate the opportunity to submit this proposal and look forward to working with you on
this project. Please contact us if you have any questions or need additional information.
Sincerely,
l~k, P.E.''-~
Project Manager
......... ~OI~CREEK DRIVE -
"FEB-18-03 TU£ 10:35 AM MS CONSULTANTS - INDPLS
FAX NO, 317 228 1193
P, 02
BIf. LING RiTE SCHEDULE
ms consultants, |nc.
Cla~d'~cntion Billing Rate / Hr.
Principal $143.00
Project Manager $ [ 10.00
Senior Highway Engineer $1 i0.00
Highway Engineer $ 73.00
Senior Traffic Engineer $100.00
Traffic E~gineer $ 76.00
Senior'rcchnician $ 75.00
Technician $ 56.00
Registered Surveyor $ 87.00
2-Man Survey Crew '$ l01.00
Data C011eetton Technician $ 46.00
Clerical $ 36.00
EXHIBIT B
Invoice
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
Date:
Project Name:
Invoice No:
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
(Describe each good/service
separately and in detail)
Goods Services
Cost Per Hourly
Item Rate/
Hours
Worked
Total
GRAND TOTAL
Signature
Printed Name
EXHIBIT C
INSURANCE COVERAGES
Worker's Compensation & Disability
Employer's Liability:
Bodily Injury by Accident/Disease:
Bodily Injury by Accident/Disease:
Bodily Injury by Accident/Disease:
Property damage, contractual liability,
products-completed operations:
General Aggregate Limit (other than
Products/Completed Operations):
Products/Completed Operations:
Personal & Advertising Injury
Policy Limit:
Each Occurrence Limit:
Fire Damage (any one fire):
Medical Expense Limit (any one person):
Statutory Limits
$100,000 each employee
$250,000 each accident
$500,000 policy limit
$500,000
$500,000
$500,000
$25O,OOO
$250,000
$ 5O,OOO
Comprehensive Auto Liability (owned, hired and non-owned)
Bodily Single Limit:
Injury and property damage:
Policy Limit:
$500,000 each accident
$500,000 each accident
$500,000
Umbrella Excess Liability
Each occurrence and aggregate: $500,000
Maximum deductible: $ 10,000