DLZ Indiana LLC/UtilDLZ INDIANA, LLC
Utilites Department - 2008
Appropriation 009-1051-94; P.O. #W088459
Contract Not To Exceed $150,000.00
APPROV;rTi, AS YO
FORM by ?6)
AGREEMENT FOR. PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is hereby made and
entered into by and between the City of Cannel, Indiana, acting by and through its Board of Public Works
and Safety (hereinafter "City"), and DLZ INDIANA, LLC (hereinafter "Professional")
RECITALS
WHEREAS City owns and is responsible for the operation and maintenance of its property,
personnel, public works and infrastructure; and
WHEREAS, from time to time, City needs professional assistance in fulfilling its foregoing
responsibilities; and
WHEREAS, Professional is experienced in providing and desires to provide to City the
professional services ("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. SCOPE OF SERVICES
2.1 City desires to engage Professional as an independent contractor for the Services set forth in
attached Exhibit A, incorporated herein by this reference.
2.2 Professional understands and agrees that City may, from time to time, request Professional to
provide additional or modified Services to City. When City desires additional Services from
Professional, the City shall notify Professional of such additional Services desired, as well as the
time frame in which same are to be provided. Only after City has approved Professional's time
and cost estimate for the provision of such additional Services, has encumbered sufficient monies
to pay for same, and has authorized Professional, in writing, to provide such additional Services,
shall such Services be provided by Professional to City. A copy of the City's authorization
documents for the purchase of additional Services shall be numbered and attached hereto in the
order in which they are approved by City.
2.3 Time is of the essence of this Agreement.
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.? DLZ MfANA, LLC
Ctilites Department - 2008
Apprupriafion #b9-1051-94; P.O. #W088459
Contract Not To Exceed $150,000,00
SECTION 3. CITY'S RESPONSIBILITIES
3.1 City shall provide such information as.is reasonably necessary for Professional. io-understand the
Services requested.,
3.2 City shall provide all data required'fcr provisibn.of Services. Professional, may assume that all
data so provided is correct and complete,
3.3. City shall arrange,fot Professional to ehter upon public and private. property as reasonably required
for Professionalto perform the Services.
3.4 City shall designate payment of the.Services`from City®budget appropriation number 09-1051-94
funds.
3.5 City shall designate the Mayor or. his duly authorized representative to act=on City's behalf on all
matters regarding tbe,Services.
SECTION 4. PROFESS IONAL'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 ofihe 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,One,Huiidred"Fifty Thousand. Dollars ($150,00.0.40). (the "Estimate'). Professional
shall submit an invoice to 6ty.no' more than once -every thirty .(30) days for Services provided
City during the time perioil,encompassed by-such invoice. Invoices:shall.be submitted on a form
containing.the,ssame info'nnation 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 (50) 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.
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DLZ INDIANA, LLC
Utilites Department - 2008
Appropriation #09-1051-94; P.O. 4W088459
Contract Not To Exceed $150,000.00
SECTION 6. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Section 7.1
hereinbelow, this Agreement shall be in effect from the Effective Date through December 31,
2008, and shall, on the first day of each January thereafter, automatically renew for a period of one
(1) calendar year, unless otherwise agreed by the parties hereto.
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 611 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.
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DLZ INDIANA, LLC
Utilites Department - 2008
Appropriation #09-1051-94; P.O. #WO88459
Contract Not To Exceed $150,000.00
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 after 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 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 Professionals' 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.
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DLZ INDIANA, LLC
Utilites Department - 2008
Appropriation #09-1051-94; P.O. #W088459
Contract Not To Exceed $150,000.00
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.
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.
7.11 Severability.
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:
City of Carmel
Department of Administration
One Civic Square
Carmel, Indiana 46032
ATTENTION:
PROFESSIONAL:
DLZ INDIANA. LLC
360 Century Building
36 Pennsylvania Street
Indianapolis, Indiana 46204
ATTENTION: Michael J. Keeven, P.E.
Douglas C. Haney
Carmel City Attorney
One Civic Square
Carmel, Indiana 46032
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DLZ INDIANA, LLC
Utilites Department - 2008
Appropriation #09-1051-94; P.O. #W088459
Contract Not To Exceed $150,000.00
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.
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 Goveming Law; Lawsuits.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Indiana, except for its conflict of laws provisions, as well as by all 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 has
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 of such party to require such performance at any time thereafter.
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 Agreement.
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 from 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 conflicts with any provision contained in any exhibit attached hereto, the
provision contained in this Agreement shall prevail.
7.18 Representation and Warranties.
Each party hereto represents and warrants that it is authorized to enter into this Agreement and that
any person or entity executing this Agreement on behalf of such party has the authority to bind
such party or the party which they represent, as the case may be.
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DLZ INDIANA, LLC
Utilites Department - 2008
Appropriation #09-1051-94; P.O. #W088459
Contract Not To Exceed $150,000.00
7.19 Headings.
All headings and sections of this Agreement are inserted for convenience only and do not form a
part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
7.20 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
questionnaire, 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 agrees 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
qualified to perform such services.
7.23 Records and Inspections
Professional shall maintain full and accurate recordsvith respect to all matters covered under this
agreement for three (3) years after the expiration or early termination of this agreement. City shall
have free 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 Proiect
Professional shall commence, 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
applicable laws. In accomplishing the project, Professional shall take such steps as are appropriate
to ensure that the work involved is properly coordinated, with related work being carried on within
City's organization.
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DLZ INDIANA. LLC
Utilites Department - 2008
Appropriation #09-1051-94; P.O.#W088459
Contract Not To Exceed $150,000.00
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
BY:
41 i
ames Brainard, Pre iding Officer
n .o.. -2- 4-. 1'J '?
Mary
Date:
Member
Lori S.
Date:
DLZ INDIANA,
BY:
Printed NamJ 10d1k (, jMh
Title: ul-( / /rS/C?V/ ?/Z103
FID/TIN: 3 1 - 1 -7 -1 1 -7 13
SSN if Sole Proprietor:
Date:
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K04 v L Z
ENGINEERS • ARCHITECTS • SCIENTISTS
PLANNERS -SURVEYORS
November 20, 2008
Mr. John Duffy
Utilities Manager
City of Carmel Utilities
7603 Id Ave SW Ste 110
Carmel, Indiana 46032
RE: City of Cannel Proposed Water Main Extensions
Dear John:
DLZ Indiana. LLC is pleased to submit this revised proposal for the desian of a water main
extension project for the City of Carmel. As outlined in our recent meeting of November 11,
2008, the proposed water main extension will connect to the City of Carmel's existing potable
water main distribution system.
The water main extension project consists of approximately 2.3 miles of main which is proposed
to begin at the intersection of 111" Street and College Avenue. The proposed 36" main
continues west along 111'" Street and begins heading north on Springmill Road. The main
reduces to 30" at 116'" street and ends at Clay Center Road.
SCOPE OF SERVICES
For the scope of work, DLZ proposes to perform or provide the following tasks as described
below:
Survey
1. Survey Control - DLZ will establish necessary horizontal and vertical control for the
limits of the project using Global Positioning System (GPS) methods where practical.
Where GPS techniques are precluded by tree canopy, nearby buildings or other
obstructions, DLZ will utilize closed-end conventional traversing and differential
leveling methods between previously established GPS primary control points to
complete the control framework.. Horizontal values for primary control points will be in
the Indiana State Plan Coordinate System (ISPCS), East Zone (NAD1983). Vertical
control values will be based upon the North American Vertical Datum 1988. All
ISPCS values to be scaled to ground from the ISPCS grid
2. Cross-sections shall be taken at 100-foot intervals along the route of the proposed
water main at a width to be determined by the design staff.
3. Underground utilities, which are marked in the field by the respective utility or by its
representative or contractor, that fall within the survey limits will be located and
shown on the drawing. Above ground utilities and their appurtenances that fall within
the survey limits will also be located and shown on the drawing.
36C Century Building • 36 S. Pennsylvania St. • Indianapolis, Indiana 46204-3628 • (316 --4120 - FAX (317) 6 3-4177 fy
With Offices Throughout The Midwest 66 EXHIBIT www.dlz.com
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ENGINEERS • ARCHITECTS • SCIENTISTS
PLANNERS • SURVEYORS
C y , Ce+nef Wati:r Mlai, Extensions
Ncvenker20 2008
Page 2 of u
4. Drainage/sewer structures found within the survey limits will be located and sized
and connected to key offsite structures if they exist.
5. The following are the other topographic features that fall within the survey limits that
will be located:
• Trees over 8 inches
• Significant landscaping and fences
• Driveways, walks and their surface types
• Other surface types
6. Set necessary horizontal and vertical survey grade control along the proposed water
main route, in addition to primary survey control; to be used during construction.
7. Compile necessary property owner information from Hamilton County records in
order to develop an accurate cadastre of the project area to include land owners'
names, parcel limits and Rights of Way.
Geotechnical
1. Recommend soils investigations as may be required and procure geotechnical
services as necessary. Prior to making any geotechnical borings, DLZ will submit
appropriate boring information, including proposed bore locations and sketches, for
approval by the City.
2. It is anticipated that an evaluation of the surface and subsurface conditions and an
assessment of their impact will be required for the geotechnical engineering issues
related to the design and construction of the proposed water main extensions. It is
anticipated that this work will include test borings approximately 15 ft in depth for a
total of 600 ft.
3. Perform a limited laboratory testing program including visual soil classification,
natural moisture content, and hand penetrometer readings on cohesive-type soils.
4. Preparation of a technical report to present the findings and recommendations for
geotechnical considerations regarding:
a. Preparation, and improvement, where necessary, of in-situ soils for support of
the pipe, including bedding recommendations
b. Suitability of the excavated soils for re-use as backfill and engineered fill,
including recommendations for placement and compaction
c. Temporary earth slopes and dewatering.
5. Additional soils investigations and geotechnical services beyond those outlined
above will be considered additional services and will be paid under the
Compensation section of this Agreement.
360 Century Building • 36 S. Pennsylvania St. • Indianapolis, Indiana 46204-3628 • (317) 633-4120 • FAX (317) 633-4177 »
With Offices Throughout The Midwest It
EXHIBI q Z(?o
www.dlz.com
City of Csmei Water Pisa:n Extensic;rs
L November31 .^,O 2008
" D
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ENGINEERS • ARCHITECTS - SC?.NTISTS
PLANNERS • SURVEYORS
Preliminary Design
1. Provide preliminary coordination with the City's consultant to verify the sizing
requirements and the design of the water main connections to the existing potable
water distribution system.
2. Provide preliminary pavement restoration design of infrastructure disturbed by the
water main line extensions.
3. Develop water main alignments for City review and approval.
4. Provide an environmental screening survey on the proposed, alignment routes.
5. Develop preliminary Maintenance of Traffic (MOT) phasing 1 detour plans for the
Project area.
6. Submit an opinion of probable construction cost based on the preliminary design.
7. Coordinate water main layout with existing public utilities.
8. Furnish up to five (5) copies of the 60% Preliminary Design documents and
specifications for review and approval by the City.
Final Design Phase
1. Based on the approved preliminary design documents, prepare final plans and
specifications outlining the design in detail, including the preparation and
reproduction of specifications, plan sheets, and details as necessary.
1. Develop erosion control plan details and stream crossing plan details for the Project
area.
2. Develop pavement restoration plans for the Project construction area sufficient to
allow the contractor to reestablish pavement disturbed for the project
3. Prepare final Maintenance of Traffic (MOT) phasing I detour plans for the Project
area.
4. Prepare the plans and specifications for the project.
5. Prepare the following permit applications for filing and approval:
a. IDEM Construction Permit
b. IDEM Rule 5 Permit - Notice of Intent
c. INDOT Construction in Rights-of-Way
d. County Drainage Permit
6. Complete revised probable construction costs based on the final design plans and
specifications.
7. Prepare contract agreement forms, general conditions, and supplementary
conditions for review and approval by the City and its legal counsel.
8. Furnish up to five (5) copies of the 95% Final Design documents and specifications
for review and approval by the City.
360 Century Building • 36 S. Pennsylvania St. • Indianapolis, Indiana 46204-3628 • (317) ?63®3-p4120 • FAX (317) 633- 177 7
With Off ices Throughout The Midwest bAEAAAgAI BIT
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City of Camel `Alater P am E>tensic+-
Novemt:er 20. 2008
Page 4 of 8
ENGINEERS • ARCHITECTS • SCIENTISTS
PLANNERS • SURVEYORS
Bidding Phase
1. Assist the City in advertising for bids for the contract for construction, materials,
equipment and services. Bid documents will be prepared and distributed in
coordination with the City and will be considered reimbursable expenses as
described in the Compensation section of this Agreement.
2. Distribute and maintain a plan holders list and process deposits for bid documents.
3. Attend one (1) pre-bid conference.
4. Attend the bid opening, prepare a bid tabulation sheet, and assist in evaluating bids
or proposals, making award recommendations and awarding the contract for the bid
package.
5. Issue addenda as appropriate to clarify, correct or change the bidding documents.
Construction Administration
1. Provide construction administration services to answer questions and interpret
drawings during construction, including reviewing and providing clarification to
contractor issues raised during construction, attendance at pre-construction
conferences and periodic or specific progress meetings, evaluating contractor
requests for drawing and specification modifications, and reviewing shop drawings
and submittals prepared for approval by the city. This scope of work includes
attendance at up to two (2) meetings, evaluations and responses for up to five (5)
requests for information, and up to five (5) submittal shop drawing reviews.
2. Additional construction administration services beyond those outlined above will be
provided upon request by the City and will be paid as outlined under the
Compensation section of this Agreement.
Assumptions I Conditions
The fee listed below was calculated based upon the following assumptions.
1. The City will provide all criteria and full information as to any requirements for the
design of this project, including design objectives and constraints, schedule
requirements, and any budgetary limitations. Prior to the submission of the
preliminary plans, it is assumed this information will not change.
2. The City will furnish all specifications and standard drawings for existing
infrastructure applicable to the project and all criteria for design and details.
3. The City will provide available information pertinent to this project including, but not
limited to, the following:
a. Previous reports and any other data relative to design or construction of the
Project
b. Available utility plans
c. All available GIS information
4. The City will assist in making arrangements for access by DLZ or its subcontractors
to enter upon public and private property as required to perform the services under
this agreement.
360 Century Building • 36 S. Pennsylvania St. • Indianapolis, Indiana 462043628 • (317) 633-4120 • FAX (317) 633-4177
With Off ices Throughout The Midwest "EXHIBIT--l" /lp
www.dlz.com
City 0 Carnal Water Niain Extensors
LZ NevemUer 20 2008
Page 5 of 6
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MR5
ENGINEERS • ARCHITECTS • SCIENTISTS
PLANNERS- SURVEYORS
5. The City will provide written approval of completed work phases as described in this
Agreement. The City will provide reviews and provide written approvals in a timely
manner.
6. The accepted water main routes and the Project limits will be within existing rights-of-
way or appropriate easements. It is anticipated that additional rights-of-way or
easements will be required and will be identified during the preliminary design phase
of the Project. Right-of-way engineering services, including plats and legal
descriptions, associated with the Project will be provided as additional services and
compensated according to the Compensation section of the Agreement. It is
anticipated that condemnation of property will not be required.
7. The intent of the project is as defined in the Project Description section of this
Agreement and that the existing roadways will simply be repaired in their current
locations and widths. Alignment and profile design or improvements will not be
required. Existing drainage will remain undisturbed as much as possible and no
drainage improvements will be required.
8. It is assumed that there will be no environmental remediation required. However, an
environmental screening survey report will be provided as outlined above.
9. That no wetlands impacts will be required as a part of this scope of services.
COMPENSATION
DLZ proposes to perform the above Scope of Services as follows:
1. Survey .............................................................. ....................... $39,800
2. Geotechnical .................................................... ....................... $15,000
3. Environmental Screening Survey ..... ...:......... .... ..... ............... $5,000
4. Preliminary Design ........................ .......... ......... ................... .... $37,700
5. Final Design.. ................................................... ....................... $38,200
6. Bidding ............................................................. ......................... $4,300
7. Subtotal Lump Sum Fee ................................... ..................... $140,000
8. Construction Administration, Hourly ................. ..... LIP to $10,000
9. Total ..................................................................................... $150,000
This part of the fee includes all wages and benefits and all equipment on the site with the
exclusion of direct reimbursable expenses and additional services. The anticipated direct
reimbursable expenses associated with this project include, but are not limited to, the following:
1. Mileage
2. Recording and Permit Application Fees
3. Preliminary Plan Documents (Plan Sets and Bid Documents)
360 Century Building • 36 S. Pennsylvania St. • Indianapolis, Indiana 46204-3628 • (317) 633-4120 • FAX (317) 633-4177
With Offices Throughout The Midwest `yg?ryy 99
www.dlz,com 8 EX ®1?1T Ill '/12 ..
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ENGINEERS • ARCHn ECfS - SCIENTISTS
PLANNERS.- SURVEYORS
4- Finaf Plan Documents (PIan,Sets and,Bjd Documents)
5. Bid Documents
Any additional services or reimbursable expenses which are outside the foregoing scope of
services, requested by the City of Carmel, its agents or assigns, to be performed under this
Agreement will be billed: according to the DLZ Rate.and Expense-Schedule in affect at the time
the additional sei ice- is. rendered., A copy of the current 2008 Rate and Expense Schedule is
attached to this Agreement.
ADDITIONAL SERVICES
Right-of-Way-Engineering, Easement Acquisition and Land Purchase Services
1- Prepare Location Control Route. Survey Platter each water main project as needed
2. Coordinate with the City's.,consultants for.the timely and appropriate appraising
services where property rights are to be acquired.
3 Based upon the Location Control Route,Survey Plats; 20-yeartitle searches will be
performed by a.local abstract and title insurance company for the various locations
where proop6ty rights will need ,to bee acquired . Theses title searches will require
updating after the property rights: are obtained.
4. Right of Way plans will be developed from the,approved,preliminary plans for use by
appraisers and buyers for the acquisition of the right-of-way,; easement or land
purchase.
5. For each piece of right-of-way, land purchase; or easement acquisition required, a
land plat will be prepared. The plat will show'the owner's parcel.of Iand,and what is
required for the project.
6. For each piece of fight-of=way, land purchase, or easement acquisition required, a
legal description will be written.
7. A qualified firm will serve as DLZ's subconsultantto negotiate with property owners
for each piece of right-ofwayaand purchase, or easement acquisition required. The
unit price includes, up.to three (3) meetings to complete.this task.
8: DLZ's subconsultant will prepare the necessary acquisition_ instruments of
conveyance.
DLZ proposes to perform the above right-of-way engineering, easement acquisition and land
purchase services for the following unit price per parcel.
• Right-of-Way Engineering: $2.400 per,Fee,parcel or Permanent' Easement
• Temporary easements: $2,400,00;perparcel
• Title and Encumbrance Reports.
Residential $341.00
Commercial $385.00
360 Century Building • 36 S. Pennsylvania St. • .Indianapolis; Indiana 462043628 - (317) 633-4120 FAX 13171 633-4177
With OfFices Throughout The.totidwest 66 W 7 . 9
www'dvCom ZA I IT 41 to
G1tg of Car-te!'Nater Wain xtensiol e
Nerem er ge' 2YCa
??,? r'ay_ : c1 8
-ENGIN''EERS •,ARCH17ECTS • SCIPill"E S
.PLANNERS.- SURVF-YORS
IVlunicipal $440,00
Temporary $137:50
Updates $137.50
• Easement Acquisition and-Land Purchasing Services: $1;500 per parcel
Parcels requiring right-of-way engineering, easement acquisition or land purchase services will
be initially .identified in. the preliminary design phase and will be finalized as part. of the final
design phase. These.services will be.considered additional services and will be paid on a unit
price per parcel-
Parcel services required beyond those identified ;above, will he considered-additional services
and will be paid as outlined under the Compensation sectior? of-this;Agreement.
Public Outreach
Provide assistance with public informational meetings and outreach .materials, as
required or directed by the City, 'including ,attending meetings and providing plan
sheets demonstrating potential project, locations. These-services will be.considemid
additional services and will be paid for hourly as outlined tinder the Compensation
section of this Agreement=,
DLZ reserves the right to contract with other engineering l surveying and services consulting
firms for the purpose of aiding, DLZ. in order to accomplish any, and all engineering ,tasks in a
timely manner.
STANDARD TERMS AND CONDITIONS
The Standard Terms and Conditions are°set forth,asattached`andrare'incorporated;hereinto and
made a part of this, proposal. The Owner referred to in the Standard Terms?and Conditions shall
mean the City of Carrrlel.
SCHEDULE.
DLZ will work with the City it Ca?mef and its consultants; to develop a detailed critical path
schedule for each of the deliverables. The schedule shall be updated monthly or more
frequently as requested by the City. The scope of'wdrk is-based on completion ofdhe.following
anticipated milestones as follows:
• Notice to proceed (NTP)
• Survey Base Maps
• 10% Preliminary Design: Plan alignment
• 30% Preliminary Design: Plan Profile
. 60% Preliminary Design Submittal
9 100% Final Design Submittal
Bid Package Submittals
Construction Administration
b days
60 days from NTP
90 days from NTP
120 days from NTP
150 days from NTP
170 days: from NTP-
1'80,days from NTP
180 to 360 days from' NTP
360 Century. Building 36 5' Pennsylvania St, • Indianapolis„Indiana 46204;3628 • 13171 633-4120 • FAX 13171'633-4177
With Off ices Throughout The,Midwest 16?1l?I?p 93
www.dlz,com Er
WE L
ENCINEERS • ARCHITECTS • SCIENTISTS
NAuNNERS • SURVEYORS
City Gf a let :'rater Bain Ext :rsions
November 20, 2008
Page 8 of E
DELIVERABLES
DLZ.shall deliver-up to five (5) sets. of Preliminary. Plars land Specifications for City review, and
up to five (a) sets of Final Design Plans and Specifications for City Review suitable for bidding
the project according to the critical path schedule.
DLZ is excited about the op'portunity'to workrwith the City of Carmel on this important water
main infrastructure project:: We.look forward to hearing from you to discuss this proposal in
additional detain regarding any.questions; concerns, or additional information' you may require.
Respectfully submitted,
DLZ IN.DIANN,, LLC
Mark Jacob'
Vice 6residbnt
Attachments:
Terms and Conditions
DLZ 2008 Rate. and Expehse Schedule
no Michael Keeven, P.E., Vice President
File
360 Century Building 36 S. Pennsylvania St • Indianapolis; Indiana 462043628 e (317) 633-4120 FAX (317) 633-4177
With Offices Throughout The.Midwest
www.dlz.corn "E II g 11 .. ?'o 99
STANDARD TERMS AND CONDITIONS
1. INVOICE AND PAYMENT PROCEDURES: DLZ shall submit
invoices, once a month, at a minimum, to the OWNER for Services
accomplished during each calendar month.
The OWNER, as OWNER or authorized agent for the OWNER hereby agrees
That payment will be made for said Services within thirty (30) days from the
date of the invoice; and, in default of such payment, hereby agrees to pay all
cost of collection, including reasonable attorney's fees, regardless of whether
legal action is initiated. The OWNER hereby acknowledges that unpaid
invoices shall accrue interest at 18 percent per annum after they have been
outstanding for Over thirty (30)days- If an invoice remains unpaid sixty (60)
days after the date of the invoice, DLZ may, upon giving seven (7) days written
notice of its intent to do so, suspend all Services on the OWNER's project.
This suspension shall remain in effect until all. unpaid invoices are paid in full.
If an invoice remains unpaid ninety (90) days after the date of the invoice,
DLZ may, upon giving seven (7) days written notice of its intent to do so,
declare OWNER to be in breach of this Agreement and pursue its remedies for
collection.
2. CONS1 RIaC'flON SERVICES: Coasmuction Phase Services are not
intended m he exhaust ice detailed inspections but site observations to become
generallc lnnriliar kith and to keep Omher informed about the progress and
quality of work. The Contractor is molly reslxmsible liu compliance itch the
Contract Documents. It. under this Agreement. professional services arc
prodded dolma the conaruaion phase of the prgleci. DI.Z shall not he
responsible air nr hall: conlro I racer nu.'mn. nmthwxls. tecliniquee. sequences, at
pnweJuns: or tin' salclr precawions and ptoetams in connenion with the
15 ork_ Nor .hall DI.Z be responsible for the(."UtmClor' s failure to earn nut
[lie q"nik in accordance with the C'ooraet Documents or lox Conuaetor's
lailunc to comph with applicable laws. ordinances. rules or regulm ions. Under
no circunulanees will DI.Z have am' direct commclual relationship with the
C instruction Nlonu,L r. C'ontracmr.:un Snbemltraclnr. onacrial suppliers or
mhcr coltsrdlants unless DIZ and Ilse Uwnet expressly agree otliencise in
w riling. OWNER aarees that DLZ will perl'omn on-site construction review'
lire this project and that such services will not be pe-rlonned by pliers.
3. SUBSURFACE INVF.S1 IGATION: DLZ makes no representations
concerning soil conditions unless specifically included in writing in this
agreement, and DIZ is nut responsible for any liability that may arise out of
the making or failure to make soil surveys; or sub-surface soil tests, or general
soil testing.
4. AGENCY REVIEW: In the event that the plans, specifications, and/or
field work covered by this commel are those required by various governmental
agencies and in the event, that due to change of policy of said agencies after
the date of this agreement, additional office or field work is required, the said
additional work shall be paid for by OWNER as extra work.
9. REUSE OF PROJECT DELIVItRARI:ES: Rene ofany documents
or other deliverables, including electronic media, pertaining to the Project by
OWNER for any purpose other than that for which such documents or
deliverable were originally prepared, or alternation of such documents or
deliverables without wainch verification or adaption by DLZ for the specific
purpose. intended, shall be at OWNER' s sole risk.
10. OPINIONS' OF CONSTRUCTION COST: Any opinion of
construction costs prepared by DIZ is supplied for the general guidanceof the
OWNER only. Since DLZ has no control over competitive bidding or market
conditions, DLZ cannot guarantee the accuracy of such opinions as compared
to contract bids or actual cost to OWNER.
11. INSURANCE: DLZ will maintain insurance coverage for Professional,
Comprehensive General, Automobile, Worker's Compensation and
Employer's Liability in amounts in accordance with legal, and DLZ business,
requirements. Certificates evidencing such coverage will be provided to
OWNER upon request. For projects involving construction, OWNER agrees
to require its.construction contractor. if any to include DLZ as an additional
insured nn its policiCS relating In the Prgjrct. DI.Z em'er:tee refereiiccd x1x15'e
shall. in such case. be c>cess over contractor' s primary coceraRr.
12. 6DEMNI'I*): To the (idlest ectenl permitted hr Imw: DI7 shall
indemnity and lave hannlcss from and aeainst hiss, liahilitc. and dmnagcs
sustained br OWNER. iu engnlocecs. and representatixv< be reason of injun'
or death in permits or damage n) tangible pmpens' m the cmonl c:orcd directh'
he the lieeliecnce rl DI.Z or its Unplow CCs.
13. LUII I'A I IONS OF LIABILI'I'll ': No ennplnsce ol'ULZ. shell have
individual liability to OWNER. OWNER agrees that, to the lidlest extent
permincd by hit. DI.Z.' d total lialbilitj'to OWNER for:at° and all iniur ies.
claim. losses. e'Npenscs or damages whmsoccer arising tat in or in arc wwav
related to the Project in This Agreement nom am causes includinm but not
limited to. DI-Z' s negligence. error. emissions. strict Iiability. or breach of
comma shall not esceed file total compensation received by DLZ ender this
Agreement. DOWNER desires a limit ufliabilitygremcr than provided above.
OWNER and DLZ shall include in the Agreement the amount of such limit
and the additional compensation to be paid to DLZ for assumption of such risk
14. PREVAILING PARTY LITIGATION COST'S: In the event any
actions are brought to enforce this Agreement, the prevailing parry shall be
entitled to collect its litigation costs from the other parry. Any litigation shall
be governed by the laws of the state of Indiana.
15. AUTHORITY: The persons signing this Agreement warrant that they
have the authority to sign as, or on behalf of, the party for whom they are
signing.
5. SURVEY STAKING: In the event That any staking is destroyed by an
act of God or parties other than DLZ, the cost of restaking shall he paid for by
OWNER as extra work.
6. NIISCELLANrOUS EXPENSES' The OWNER shall pay lheccstsof
checking and inspection fees, zoning and annexation application fees,
assessment fees, soils engineering fees, soils testing fees, aerial topography
fees, and all other fees, permits, bond premiums, title company charges,
blueprints and reproductions, and all other charges not specifically covered by
the terms of this aercement.
7. CHANCE OF SCOPE: The Scope of Services set forth in this
Agreement is based on facts known at the time of execution of this Agreement.
including if applicable, information supplied by DLZ and OWNER. DLZ will
promptly notify OWNER of any perceived changes of scope in writing and the
parties shall negotiate modifications to this Agreement before commencement
of change in scope.
8. SAFETY: DLZ shall establish and maintain programs and procedures
for the safety of its employees. DLZ specifically disclaims any authority or
responsibility for generaljob site safety and safety of persons other than DLZ
employees.
14. STATUTE OF LIMITATIONS: To the fullest extent permitted by
law, parties agree that, except Tor claims for indemnification, the time period
for bringing claims regarding DLZ' s performance under this Agreement shall
expire one year after Project Completion.
17. SCI IEDULF.: DLZ shall not be responsible for the Contractor's
schedule or failure to earn, out the Work in accordance with the Contract
'documents. DLZ shall not have control over or charge of acts or emissions
of the Contractor, Subcontractors. or their agents or employees, Or any other
persons performing portions of [lie Work.
18. SII01' DRAWINGS: Review of such submittals is not conducted for
the purpose of determining the accuracy ofcompleteness of other details
such as dimensions and quantities, or for substantiating and/or coordinating
instructions for installation or performance of equipment of systems with
other contract disciplines, all of which remain the responsibility ofrhe
Contractor as required by the Contract. DLZ's review shall not constitute
approval of safety precautions or, of any construction means, methods,
techniques, sequences or procedures. DLZ's approval of a specific item
shall not indicate approval ofan assembly of which the item is a
component.
Revised 5/07 M.Tpmtrovlsw20o8kPublic WorkslCarmd, City of- Wav Utility,Propovl . Diaeden Reriewn L08 PropoSaaTVmCOM reWssd 5-t I-0i.da
"EXHIBIT- , I fio ,9
DLZ INDIANA, LLC
STANDARD FEE STRUCTURE
ENGINEER INGIARCh11TECTURAL
'2008
Actt'vttyg
a
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a
Tim =ry
P WO,
s c r Q g
: x - Fua loveeAClass?cahnno
o?IRrite
I Principal $220.00
49 Division _Mana er (Chief Engineer) $175.00
50 De arimentManager $160.00
55 Registered Land Surveyor 5130.00
21 Project Manager I $135.00
5_/58 Gneineerill/A-rchitect>Tll/L.n?dicapeArchitect ffl
PIannet- lll/Scientis'l M/Geologist III $122.50
52/.57 En-ineer`il/.Aichiicci it/Landscape Arehitvcr ll/
Planner 1I/Designer 111/Scicnni t li/GcnTnoisi II $112.50
51/56 En_incer l/Archilect 1/1-anclscape.Aichilect 1%
Planner 1/ Designer II/sci'enui l I/GeologisCl $90.00
28 Designer 1 575.00
29 Technician 565.00
147 Consunctinn Administratni $105.00
152 Construction Observer $85.00
43 Clerical $50.00
• A _s
f re S1 tcrrtton Hanrly`Rat
W/99/99 3 - person Sit e Crew $182,50
142/99
142/99 Topogaphia Survey Crew (straight tiMe)
Topographic Survey Crew_(ovei time) $145.00
$220.00
63. I - person Field Crew $100.00
53 1 - person Field Ciew {over time) $140.00
GPS I - erson GPSlRTK Field'Crew $160.00
13 Field Survey Technician. $52.50
i?? h?Jy. ? y ?l a. ? .... # ? ? .'L aS4
R atnSursabterEx ertse`s?? ?.,;_ Y^'- ?#.. g "^? ?f
m?_v lL.F4i???•e'' ?P
v3Rate-
Mileage $0.445/mile.
Travel Expenses @ Cost
Living Ex enses @ Cost
Re induction Cost plus 20%a
5U6CQT1rultan[s Cost plus 20%
Fquipment Rental Cost plus 20%
Rates are sulflccc to revision on January r, 2009
Cost of livmgjlnflation increases of .3 to 7% per annum cam lie anticipated.. ???y{.?y,
S:?DcWa?h^n c?Cln'w.eNl A'rFSIlNiR H?iurl x i? aa.• " ? B.9 IlG}l7yLO ?? ?y