Ground Rules, Inc/DOCS Ground,Rules, Inc.
Communily Se~'vices Dept.
Appropriation #404 P.O. # 14132
Contract Not To Exceed $66,800.00
'I' 'ROV D
FORM
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 Ground Rules, inc. (hereinafter "Professional").
RECITALS
WHEREAS, City is co~nmitted to maintaining an equitable and competitive compensation system
for the benefit of its employees; and
WHEREAS, from time to time, City needs consulting or other workforce assistance (the
'"Services") to assist it in fulfilling the foregoing commitment; 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 SERVlCES
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.
SECTION 3.
CITY'S RESPONSIBILITIES
3.1
City shall provide such information as is reasonably necessary for Professional to understand the
Services requested.
bpw/mod/2OOScontracts/commservs./lO/05/05 ] 0
Ground Rules, Inc.
Commuuity Services Dept.
Appropriation//404 P.O. # 14132
Contract Not To Exceed $66,800.00
3.2 City shall provide all data required for provision of Services.
data so provided is correct and complete.
Professional may assuine that all
City shall arrange for Professional to enter upon public and private property as reasonably required
for Professional to perform the Services.
3.4 City shall designate payment of the Services from City budget appropriation number 404.
3.5
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 Sixty-Six Thousand Eight Hundred Dollars ($66,800.00) (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. TERM
Subject to the termination provisions set forth in Section 7.1 hereinbelow, this Agreement shall be
in effect for one (1) year after its Effective Date.
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.
bpw/mod/2OOSconzracts/commservs./lO/05/05 2 0
Ground Rules, Inc.
Community Services Dept.
Appropriation t/404 P.O. # 14132
Contract Not To Exceed $66,800.00
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 Part,/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.
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.
bpw/mod/2OO5contracts/commservs./lO/05/05 3 0
Ground Rules, Inc.
Communily Services Dept.
Appropriation #404 P.O. # 14132
Conh'act Not To Exceed $66,800.00
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 after the date of filing,
City shall have the right to pay or bond over such lien at ProfessionaI'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) fifils 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 fi'om 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 shah 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 laws, executive orders, rules and regulations applicable to
Professional's performance of its obligations under this Agreement, all relevant provisions of
which being hereby incorporated herein by this reference, to keep all of Professiomtls' required
professional licenses and certifications valid and current, and to indemnify and hold harmless City
from any and all losses, damages, costs, liabilities, damages, costs and attorney fees resulting from
any failure by Professional to do so. 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
damagds, 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.
7.10 Discrimination Prohibition.
Professional represents and warrants that it and each of its employees, agents and contractors shail
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 o1' 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.
bpwlmodl2OO5con¢ractslcommsgrvs./lO/05/05 4 0
Ground Rules, Inc.
Community Services Dept.
Appropriation #404 P.O. # 14132
Contract Not To Exceed $66,800.00
7.11 Severabilit¥.
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
that 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:
Michael Hollibaugh, Director,
of Community Services
City of Carmel
One Civic Square
Douglas C. Haney, City Attomey
Department of Law
One Civic Square
Carmel, Indiana 46032
PROFESSIONAL:
Ground Rules, Inc.
5335 N. Tacoma Ave., Suite 7
Indianapolis, IN 46220
Notwithstanding the above, City may orally provide to Professional any notice required or
permitted by this Agreement, provided thaf such notice shall also then be sent as required by this
paragraph within ten (t0) business days frotn the date of such oral notice.
7.13 Effective Date.
The effective date ("Effective Date") of this Agreement shall be the date on which the last of the
parties hereto executes same.
7.14 Governing Law; Lawsuits.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Indiana, except for its conflict of laws provisions, as well as by all ordinances and codes of the
City of Carmel, Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they
waive any right to a jury trial they may have, agree to file such lawsuit in an appropriate court in
Hamilton County, Indiana only, and agree that such court is the appropriate venue for and bas
jurisdiction over same.
7.15 Waiver.
Any delay or inaction on the part of either party in exercising or pursuing its rights and/or
remedies hereunder or under law shall not operate to waive any such rights and/or remedies nor in
any way affect the rights o1' such party to require such performance at any time thereafter.
Ground Rules, Inc.
Communily Services Depl.
Appropriation #404 P.O. # 14132
Contract Not To Exceed $66,800.00
7.16 Non-Assignment.
Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder
without City's prior written consent.
7.17 Entire A~reement.
This Agreement contains the entire agreement of and between the parties hereto with respect to the
subject matter hereof, and no prior agreement, understanding or representation pertaining to such
subject matter, written or oral, shall be effective for any purpose. No provision of this Agreement
may be amended, added to or subtracted fi'om except by an agreement in writing signed by both
parties hereto and/or their respective successors in interest. To the extent any provision contained
in this Agreement confl'icts with any provision contained in any exhibit attached hereto, the
provision contained in this Agreement shall prevail.
7.18 Representation and Wi~rranties.
Each party hereto represents and warrants that it is authorized to enter into this Agreement and that
any person or entity executing tbis Agreement on behalf of such party has the authority to bind
such party or the party which they represent, as the case may be.
7.19 Headings.
All headings an~l sections of this Agreement are inserted for convenience only and do not form a
part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
7.20 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.
7.21 Copyright.
City acknowledges that various materials which may be used and/or generated by Professional in
performance of Services, including forms, job description formats, comprehensive position
qnestionnaire, compensation and classification plan and reports are copyrighted. City agrees that
all ownership rights and copyrights thereto lie with Professional, and City will use them solely for
and on behalf of its own operations. City ,'~grees that it will take appropriate action with its
employees to satisfy its obligations with respect to use, copying, protection and security of
Professional's property.
7.22 Personnel.
Professional represents that it has, or will secure at its own expense, all personnel required in
performing the services under this agreement. Such personnel shall not be employees of or have
any contractual relationship with City. All of the services required hereunder will be performed
by Professional or under his supervision and all personnel engaged in the work shall be fully
bpwlmodl2OO5contracts/commservs,/lO/05/05 6 0
Ground Rules, Inc.
Community Services Dept.
Appropriation #404 P.O. # 14132
Contract Not To Exceed $66,800.00
qualified to perform such services.
7.23 Records and Inspections
Professional shall maintain full and accurate records with respect to all matters covered under this
agreement for three (3) years after the expiration or early termination of this agreement. City shall
have fi'ee access at all proper times to such records and the right to examine and audit the same
and to make transcripts there from, and to inspect all program data, documents, proceedings and
activities.
7.24 Accomplishment of Project
Professional shall comtnence, carry on, and complete the project with all practicable dispatch, in a
sound economical and efficient manner, in accordance with the provisions thereof and all
applic3ble laws. In accomplishing the prqiect, Professional shall take such steps as are appropriate
to ensu?e that the work involved is properly coordinated with related work being carried on within
City's organization.
bpw/mod/2OOScontracts/commservs./lO/05/05
18/11/2885 13:87 3172515124 G~OUND RULES INC PAGE 82
vu~-~-zuu~ ~u~. H;bl ~l~ U~h~'L O0~UNITY SVOS F~ NO, ~17 571 2426 P, 09/
IN WITNESS WH]ZRBOF. the pa~ties h~cto have made and ex,cured this Agreoment as follows:
CITY OIF CARM~_ .T, INDIANA
by and through its Boltl'd of Public
Works and Safety
GROY/ND RULES, INC.
BY:
Dam: , ....
Date: //~~
Agreement Between the City of Carmel and Ground Rules, Inc.
for Comprehensive Plan Preparation Services
Agreement made as of the third (3rd) day of October, Two Thousand Five (2005), between the
Owner/City:
City of Carmel
Department of Community Services
One Civic Square
Carmel, IN 46032
and the
Consultant:
Ground Rules, Inc.
5335 N. Tacoma Ave., Suite 7
Indianapolis, IN 46220
Project:
The Consultant is to prepare a revision to the existing Vision 2020 Plan and
consolidate specific independent planning documents, studies and maps into a
new comprehensive plan.
Carmel Reformat Contract 10_03_05 1 10/3/2005
Terms and Conditions of Agreement Between
Owner and Consultant
1,1
1.2
1.3
1.4
ARTICLE 1
CONSULTANT'S RESPONSIBILITIES
The Consultant's services consist of those services performed by the Consultant's employees
as enumerated in this Agreement·
The Consultant shall perform the Scope of Services as expeditiously as is consistent with
professional skill and care and the orderly progress of the work acceptable by the Owner.
The Consultant shall (1) update the existing comprehensive plan, (2) consolidate specific
independent planning documents into the revised comprehensive plan, and (3) revise the
format such to be user-friendly, attractive and well organized.
Prompt written notice shall be given by Consultant to the Owner, if it becomes aware of any
fault or defect in the Project or nonconformance with the Agreement.
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
ARTICLE 2
OWNER'S RESPONSIBILITIES
The Owner shall fttmish previously completed and related studies, plans, data, and
information available as it pertain to this Project in electronic format. Further, maps which
relate to information collection or which are necessary for the orderly and expeditious
completion of this Project shall be provided to the Consultant in their clearest form. These
items shall all be provided to the Consultant at no cost·
The Owner shall assign a single representative authorized to communicate and make decisions
on the Owner's behalf with respect to the Project. This person shall be Adrienne Keeling.
The Owner representative shall render decisions in a timely manner pertaining to material
submitted by the Consultant in order to avoid unreasonable delay in the orderly sequential
progress of the Consultant's services.
The Owner shall be prepared for meetings or events, and relay necessary information and
gaidance to the Consultant in a reasonable amount of time prior to meetings or events in order
to avoid work load imbalances or scheduling conflicts for the Consultant.
The Owner shall provide their own legal review of the final products of the Project prior to
adoption and make known to the Consultant in writing any findings of necessary changes.'
The Owner shall be responsible for advertising meetings, both internally and to the public if
necessary. Further, the Owner shall pay for the cost of newspaper advertisements announcing
public meetings, including legal advertisements.
The Owner shall provide and arrange for meeting space for periodic meetings with the staffat
no cost to the Consultant.
Prompt written notice shall be given by the Owner to the Consultant if it becomes aware of
any fault or defect in the Project or nonconformance with the Agreement.
The Owner shall also be responsible for distribution of the draft documents to each
representative of the City as necessary once the Consultant delivers a draft document to the
Owner.
The Owner commits to holding meetings during the daytime hours; between 8:00am and
5:30pm on weekdays.
Carmel Reformat Contract 10_03_05 2 10/3/2005
3.1
3.2
3.3
3.4
3.5
3.6
3.7
General Provisions.
^)
c)
D)
ARTICLE 3
SCOPE OF SERVICES
The study area shall be Carmel's planning jurisdiction as of October 3, 2005.
The official start date for this Agreement will be the first meeting between the
Consultant and Owner, after the contract is execute&
The process is not going to include utilization ora steering committee.
The planning documents to be merged and reformatted are the 2020 Vision Plan,
Thoroughfare Plan, U.S. 31 Corridor Plan, 96th Street Corridor Study, Illinois Street
Corridor Study, Civic Design Study, Old Meridian Task Fome Report, Integrated
'Economic Development Plan/Redevelopment Plan and Alternative Transportation Plan.
Preliminary Meetings:
A) The Consultant shall conduct a meeting with the Department of Development to work
through the logistics of the schedule, determine dates for meetings, venues for public
input, etc.
B) The Consultant shall conduct one meeting with city representatives to gather local
perspectives, needs, commitments, and ideas in regard to advancing Carmel's Vision
2020 Plan.
Information Gathering/Project Planning:
A) The Consultant shall gather and review the appl!cable planning documents, studies and
maps related to and influencing the advancement of the comprehensive plan.
B) The Consultant shall conduct field reconnaissance and study of Carmel's planning
jurisdiction to further understand the dynamics, upcoming projects, proposed projects,
and opportunities.
C) Ground Rules will document and photograph successful projects in the City to
exemplify the local successes of planning and vision.
Public Meetings:
A) The Consultant shall conduct up to six (6) public meetings to provide and opportunity
for residents and stakeholders to share their ideas and opinions related to growth,
development, transportation, quality-of-life, recreation, and the like. These meetings
shall be held on no more three different days.
Identification of Potential Content Changes:
A) The Consultant shall utilize its talents in urban design, urban planning, land use
planning, small-area planning, spatial planning, and transportation planning to explore;
(1) strategies for growth in undeveloped areas, (2) strategies for protecting property
values and quality-of-life in existing areas, and (3) strategies to fully utilize under-
developed areas.
B) The Consultant shall also meet with the Department of Community Services to gather
its staff input on updates, strategies, etc.
Establish a Document Format:
A) The Consultant shall prepare a document format that will accommodate the content of
the noted planning documents.
Assemble Planning Document Content:
A) The Consultant shall build the unified Comprehensive Plan content by copying the still
relevant text from each of the noted planning documents. Non applicable text and text
referring to goals, objectives, strategies, or tasks that have been accomplished will not
be added to the Unified Comprehensive Plan.
B) The process of assembling text from each of the noted planning documents shall not
change any of the documents intent. However, the way the intent is described may/]
change in order to make the document more user-friendly. I~ EXH[ BIT ~
Carmel Reformat Contract 10_03_05 3 10/3/2005
3.8 Demographic Update:
A) The Consultant shall assemble current demographic information and update statistics
cited in the noted planning documents.
3.9 Graphics:
A) The Consultant shall recreate tables and illustrations such that they all reflect a
consistent format.
B) The Consultant shall recreate maps using an accurate base map provided by Owner in
".dwg" file format.
C) The Consultant shall clean-up and insert available digital photography.
3.10 Substantive Updates to the Comprehensive Plan and Internal Review:
A) The Consultant shall modify the comprehensive plan language to reflect the direction
.given by the city, including strategies developed by the Consultant supported by the city.
B) The Consultant shall publish copies of the full draft document and distribute them to the
city for review by city leaders.
C) The Consultant shall allow up to two weeks of time to review and comment on the
comprehensive plan draft; and provide one session for verbal comments to be made.
D) The Consultant shall prepare a revised draft and make it available to the general public
for comment.
3.11 Public Review:
A) The Consultant shall conduct up to three public review meetings to present the contents,
hear comments, and answer questions about the plan.
B) The Consultant shall provide a summary of the public meetings and submit it to the city.
3.12 Final Draft Preparation:
A) The Consultant shall work integrally with the Department of Community Services to
finalize the draft comprehensive plan in preparation for adoption.
3.13 Staff Meetings:
A) The Consultant shall meet with the City staff up to ten (10) times over the course of the
project.
B) The Consultant shall stay in contact, ask questions, and provide input and comments as
necessary via telephone and e-mail as necessary.
3.14 Presentations:
A) The Consultant shall provide up to two (2) presentations to the Common Council, Plan
Commission or other assembled group as necessary throughout the process.
3.15 Final Public Approval/Adoption:
A) The Consultant shall prepare the public review draft of the Comprehensive Plan in
preparation of a Plan Commission sponsored public hearing.
3.16 Produce Final Products:
A) The Consultant shall publish the final Comprehensive Plan including maps and a table of
contents. The document will be produced in hard copy as well as electronic formats.
4.1
ARTICLE 4
COMPREHENSIVE PLAN DELIVERABLES
Deliverables upon Completion of the Project:
A) One (I) color copy of the final revised Comprehensive Plan with color maps folded into
the document. This copy will be bound and will be represent the final Comprehensive
Plan.
B) One (I) color and one (1) black and white copy of the final Comprehensive Plan in
"photo-ready" format for duplicating. I'EXH[I [ /4. ot[,
Carmel Reformat Contract 10_03_05 4 10/3/2005
5.1
6.1
6.2
6.3
6.4
7.1
7.2
C) One (1) electronic, non-editable copy of the final Comprehensive Plan on CD ROM in
Adobe Acrobat format.
D) One (1) electronic, editable copy of the final Comprehensive Plan on CD ROM in Adobe
InDesign format.
The Consultant will provide a quote for additional copies of each product at the conclusion of
the project. The quote will be based on the actual cost of reproduction.
ARTICLE 5
MEDIATION
If a dispute arises out of or relating to this Agreement, or the breach thereof, and if the said
dispute cannot be settled through direct discussions, the parties agree as a first endeavor to
settle the dispute in an amicable manner by mediation through a mutually agreed upon service
or party acceptable to each before having recourse to arbitration or a judicial forum.
ARTICLE 6
TERMINATION, SUSPENSION OR ABANDONMENT
This Agreement may be terminated by either party upon not less than a seven (7) day written
notice should the other party fail substantially to pen*orm in accordance with the terms of this
Agreement through no fault of the party initiating the termination.
The Agreement may be terminated by the Owner upon not less than a seven (7) day written
notice to the Consultant in the event that the Project is permanently abandoned. If the Project
is abandoned by the Owner for more than 60 consecutive days, the Consultant may terminate
this Agreement by giving written notice.
Failure of the Owner to make payments to the Consultant in accordance with this Agreement
shall be considered substantial nonperformance and cause for termination.
If the Owner fails to make payment when due the Consultant for services and/or expenses, the
Consultant may, after invoice is due and upodwritten notice to the Owner, suspend
performance of services in this Agreement. Unless payment in full is received by the
Consultant within fifteen (15) days from date of notice, the suspension shall take effect
without further notice.
ARTICLE 7
MISCELLANEOUS PROVISIONS
The Owner and Consultant, respectively, bind themselves, their partners, successors, assigns
affd legal representatives to the other party to this Agreement and to the partners, successors,
assigns and legal representatives of such other party with respect to covenants of this
Agreement. Neither Owner nor Consultant shall assign this Agreement without the written
consent of the other.
This Agreement represents the entire and integrated agreement between the Owner and
Consultant and supersedes all prior negotiations, representations or agreements, either written
or oral. This Agreement may be amended only by written instrument signed by both Owner
and Consultant.
Carmel Reformat Contract 10_03_05 5 10/3/2005
8.1
8.2
8.3
8.4
8.5
ARTICLE 8
PAYMENT TO THE CONSULTANT
Comprehensive Plan:
I) In consideration of the Scope of the Project, Scope of Services and Schedule for the
Comprehensive Planning portion, the Consultant agrees to complete the work for sixty-
four thousand six hundred dollars and zero cents ($64,600).
2) Reimbursable expenses related to the completion of the Scope of Services for the
Comprehensi~,e Planning shall be invoiced at cost. Reimbursable expenses may include
mileage (at the federally published rate), printing, copying, scanning images, object
character recognition scanning, re-key of text or tables, photography, phone, fax,
postage, package shipping, and the like. The total amount of reimbursable expenses
shall not exceed two thousand two hundred dollars and zero cents ($2,200).
Additional Services:
1) Any additional services beyond the identified Scope of Services, which the Owner
requests of the Consultant, shall be invoiced at the hourly rate off
- one hundred fifty dollars ($150.00) per hour for a land use law attorney;
- one hundred twenty dollars ($120.00) per hour for a senior planner; and
- eighty-five dollars ($85.00) per hour for a staffplanner.
2) The hourly rates listed above are increased by 10% for evening meetings held between
6:00 p.m. and 11:00 p.m. Ground Rules staff will not participate in meetings or project
services between 1 I:00 p.m. and 6:30 a.m.
3) No additional services will be incurred or invoiced without written (letter or e-mail)
notice to proceed by the Owner.
4) All reimbursable expenses in conjunction with additional services shall be invoiced at
cost plus ten percent (10%), except mileage which will be invoiced at the federally
published rate. Reimbursable expenses may include printing, copying, telephone calls,
faxes, shipping, mileage, and other costs consistent with providing the services.
Additional Electronic Document Components:
1) Hyperlinked table of contents ($400.00)
2) Hyperlinked cross references within the text ($500.00).
3) Adding a detailed index ($1,000.00).
4) Hyperlinked index citations to their respective pages ($2,700.00).
Monthly invoices will be submitted and shall be based on the percent of the Project completed
during a monthly billing period. Payment is due upon receipt and to be paid within a time
consistent with normal payables processed by the City. The Consultant's billing cycle is from
st th
the 21 of each month through the 20 of the following month.
If the project is abandoned, in part or in whole, payment will be due upon presentation of the
final accounting of services based on hours of service rendered and reimbursable expenses
incurred since the last p~id invoice to the date of such action.
Carmel Reformat Centract 10_03_05 6 10/5/2005
9.1
ARTICLE 9
EXECUTION OF AGREEMENT
The following signatures authorize that both parties have entered 'into this Agreement for
comprehensive planning services as of the day and year written below.
Owner
City of Carmel, Indiana
Date
Consultant
Ground Rules, Inc.
Bradley E. Johnson, A][CP
President
Date
Carmel Reformat Contract 10_03_05 7 10/3/2005
8.1
8.2
8.3
8.4
8.5
ARTICLE 8
PAYMENT TO THE CONSULTANT
Comprehensive Plan:
1) In consideration of the Scope of the Project, Scope of Services and Schedule for the
Comprehensive Planning portion, the Consultant agrees to complete the work for sixty-
four thousand six hundred dollars and zero cents ($64,600).
2) Reimbursable expenses related to the completion of the Scope of Services for the
Comprehensive Planning shall be invoiced at cost. Reimbursable expenses may include
mileage (at the federally published rate), printing, copying, scanning images, object
character recognition scanning, re-key of text or tables, photography, phone, fax,
postage, package shipping, and the like. The total amount of reimbursable expenses
shall not exceed two thousand two hundred dollars and zero cents ($2,200).
Additional Services:
1) Any additional services beyond the identified Scope of Services, which the Owner
requests of the Consultant, shall be invoiced at the hourly rate of:
- one hundred fifty dollars ($150.00) per hour for a land use law attorney;
- one hundred twenty dollars ($120.00) per hour for a senior planner; and
- eighty-five dollars ($85.00) per hour for a staff planner.
2) The hourly rates listed above are increased by 10% for evening meetings held between
6:00 p.m. and I 1:00 p.m. Ground Rules staffwill not participate in meetings or project
services between 11:00 p.m. and 6:30 a.m.
3) No additional services will be incurred or invoiced without written (letter or e-mail)
notice to proceed by the Owner.
4) All reimbursable expenses in conjunction with additional services shall be invoiced at
cost plus ten percent (10%), except mileage which will be invoiced at the federally
published rate. Reimbursable expenses may include printing, copying, telephone calls,
faxes, shipping, mileage, and other costs consistent with providing the services.
Additional Electronic Document Components:
1) Hyperlinked table of contents ($400.00)
2) Hyperlinked cross references within the text ($500~00).
3) Adding a detailed index ($1,000.00).
4) Hyperlinked index citations to their respective pages ($2,700.00).
Monthly invoices will be submitted and shall be based on the percent of the Project completed
during a monthly billing period. Payment is due upon receipt and to be paid within a time
consistent with normal payables processed by the City. The Consultant's billing cycle is from
the 21st of each month through the 20m of the following month.
If the project is abandoned, in part or in whole, payment will he due upon presentation of the
final accounting of services based on hours of service rendered and reimbursable expenses
incurred since the last paid invoice to the date of such action.
Carmel Reformat Contract 10_03_05 6 10/5/2005