Schneider Corp/Engr Schneider Corp.
Engineering 2011
Appropriation' P.O.# 27503
Contract Not To Exceed $125,617.50 emptt)
A is
AGREEMENT FOR PROFESSIONAL SERVICES owe
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 Schneider Corp. (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 tithe, 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.
\Ussvrapps1 \Usa Data Admin\ ANq harailUinf:Svcs fi Good, Svcs\Enguuving\Nli I\SCHNEIDER CORP. Proft. ona115aaicas FORM Ro. 2009 dot 4/8/2011 11 52 AM)
Schneider Corp.
Engineering 2011
Appropriation #2009 Bond; P.O.# 27503
Contract Not To Exceed $125,617.50
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 provide all data required for provision of Services. Professional may assume that all
data so provided is correct and complete.
3.3. 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 2009 Bond
funds.
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 One Hundred Twenty Five Thousand Six Hundred Seventeen Dollars and fifty cents
($125,617.50) (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.
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
Unless otherwise terminated in accordance with the ternination provisions set forth in Section 7.1
hereinbelow, this Agreement shall be in effect from the Effective Date through December 31,
2011, 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.
\U+.vrapp.l \Uur Data Adnwt\LA W\sham]\Prol:Svcv Goods Svc+\Enghtetring\2011\SCHNEIDER CORP. Prnfvvrionaauviccti FORM Rev 2009 dot 4/8/2011 11 :52 AM]
Schneider Corp.
Engineering 2011
Appropriation #2009 Bond; P.O.# 27503
Contract Not To Exceed $125,617.50
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.
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
\Ussvrappsl \Usu Data Admin\LAW\ haral\Prof Svuc St Good. Svcs\Enguic,ing\2011\SCHNEIDER CORP. Proltisionauviccc FORM Rav 2009 dm 4/8/2011 1 1:52 AM]
Schneider Corp.
Engineering 2011
Appropriation #2009 Bond; P.O.# 27503
Contract Not To Exceed $125,617.50
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.
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
\Ussvrapps I \User Data Adnrin\LAW\sharul\Prof.Svcs R Goods SvGs\Engulcxrulg\201 I \SCHNEIDER CORP.- Pro148.ion41 na FORM Rev 2009 dot. AM]
Schneider Corp.
Engineering 2011
Appropriation #2009 Bond; P.O.# 27503
Contract Not To Exceed $125,617.50
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
City Engineer
One Civic Square
Carmel, Indiana 46032
ATTENTION: Mike McBride
AND
City of Carmel, Law Department
Douglas Haney, City Attorney
One Civic Square
Carmel, IN 46032
PROFESSIONAL:
Schneider Corp.
Historic Ft. Harrison
8901 Otis Avenue
Indianapolis, IN 46216
Phone: 317- 826 -7321
E -Mail: slawson @SchneiderCorp.com
ATTENTION: Scott Lawson
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.
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Schneider Corp.
Engineering 2011
Appropriation #2009 Bond; P.O.# 27503
Contract Not To Exceed $125,617.50
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 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.
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.
nascvrappsl \User Data Adrtm U.AW harul\Prol:Sv s God Svc, Engmtt,ing\20I I \SCHNEIDER CORP. Profi. +inna6m.. FORM Rev 2009. dot :4/%20I 1 11:52 AM]
Schneider Corp.
Engineering 2011
Appropriation #2009 Bond; P.O.# 27503
Contract Not To Exceed $125,617.50
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 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 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 Project
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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Schneider Corp.
Engineering 2011
Appropriation #2009 Bond; P.O.# 27503
Contract Not To Exceed $125,617.50
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA SCHNEIDER CORP.
by and through its Board of Public
Works and Safety
BY BY
4,
J. es Brainard, P esid g Office_ Authorized Signature
ate:
AANA Printed Name: Scot T '0
Mary A Burke, M nber Title: V16( N th r
Date:
FID/TIN: '3 5/ Q 7 i 9 g
i
Lori S. Wats► ember SSN if Sole Proprietor:
Date: 5/ y 11 Date:
ATTES
Jr.ittit 0
Diana Cordray, IA M 1►�t lerk- Treasurer
Date: F
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ATTACHMENT A
SCOPE OF SERVICES
Name of Project: 106 Street Trail Illinois Street to Ditch Rd.
Professional shall provide Client with services in connection with the Project as described below:
Project Understanding
The Schneider Corporation's understanding of the project is as follows:
The City of Carmel has been working to complete a multi -modal trail along 106 Street across the entire city. The City
sees this corridor as a major east -west multi -modal connector when completed. Much of the trail has been completed with
the installation of a new water line over the past 18 months. The major piece of the trail that is currently incomplete is the
section from Illinois Street to Ditch Road. This section of trail needs to move forward soon due to commitments made by
the City in the recent annexation agreement.
In 2009, The Schneider Corporation was engaged to do an identity study for the entire trail to be incorporated in the
future. Because of their familiarity with the project, the City has requested a proposal from The Schneider Corporation to
provide construction drawings for the section of trail from Illinois Street to Ditch Road.
It is understood that this trail section from Illinois Street to Ditch Road is being constructed with funds from a CMAQ grant
from the State of Indiana. Because these funds are administered through the Indiana Department of Transportation
(INDOT), the project will have to follow the standard INDOT process for Engineering and Construction. This proposal has
been prepared assuming that process will be followed in the engineering phase. This proposal will include all work
necessary to provide plans for the trail including survey work, hydrology work and drawings for 2 stream crossings,
preparing the categorical exclusion documents, construction drawings, and the necessary reviews and field checks with
INDOT. Bidding and Construction Administration are not included in this proposal and will be included as part of a
separate proposal, if requested by Carmel.
Kick -off Meeting
The Schneider Corporation will begin the project by having a kick -off meeting with key stakeholders from Carmel. The
purpose of the meeting will be to gain insight into key project issues as well as to clearly communicate and identify study
boundaries, parameters and goals. Key outcomes from this meeting are anticipated to be as follows:
Understand Critical Success Factors for the project
Understand potential project issues from all perspectives
Establish a project schedule
Establish design objectives and goals
Establish roles and responsibilities
Develop a communication plan for the project
Topographic Survey
The Schneider Corporation will furnish a Topographic Survey of the subject property and adjacent right of way or land
to as much as 5 feet beyond the right -of -way. The survey will be prepared at a drawing scale of 1" 40' and will
depict the physical characteristics of the land and existing improvements such as buildings, structures, roads,
driveways, parking areas, ponds, drainage courses, fences, and utility lines as marked by utility company
representatives. Spot elevations not exceeding a 50 foot grid interval will be shown together with contours lines at 1
foot intervals. Significant trees (over 12" in diameter) will be located and shown on the survey however, in thickly
wooded areas only the perimeter limits of the woods will be shown. The horizontal and vertical accuracy of said
survey shall meet National Mapping Accuracy Standards. Specifically, the survey will include the following:
Topo limits:
o 106 Street from Ditch Road to the west right of way of US 31, from the centerline of 106 Street
to 15 feet south of the south right of way
Provide 1 foot interval contour map of the project area based on (NAVD 88)
North American Vertical Datum 1988
Establish temporary benchmarks in a location not to be disturbed by construction
As -built position and elevation of existing storm sewer
Provide above and below ground utility locations per physical observation or plans
Attachment "A" to the Professional Services Agreement Between Ver. 06/10
The Schneider Corporation and
The City of Carmel, Indiana Page 1 April 04, 2011
C \proposals\2010 \19915_106th street trail- phase iii \psa 106th street trail 040511 rev.doc
ATTACHMENT A
SCOPE OF SERVICES
Name of Project: 106 Street Trail Illinois Street to Ditch Rd.
Provide creek crossing and bridge details for creek east of Springmill Road and the creek west of
Springmill Road
Location size and type of trees in the right of way on the south side of 106 Street between Hussey Lane
and Illinois Street
Copies of deeds, plats, maps, documents, section corner reference ties as provided by others
Hydraulic Modeling of Stream Crossings
TSC will work with JF New for the hydraulic modeling portion of the project. JF New shall collect known and available
information regarding each proposed stream crossing such as copies of previous IDNR recommendations permits,
and available detailed topographic information. JF New shall obtain existing regulatory modeling for Williams Creek
from the Indiana Department of Natural Resources, and import that model into the latest version of the HEC -RAS
computer program to develop the Duplicate Effective Model and the Corrected Effective Model. If needed, the model
will include existing and permitted construction that has been (or will soon be) completed along the stream within the
required study reach. The analysis will be in accordance with the IDNR Hydraulic Modeling Guidelines to develop the
Existing- Condition and Proposed- Condition models.
Environmental Documentation (Statewide Categorical Exclusion)
A. Environmental Document Preparation, CE
1. ASSUMPTIONS
(a) It is anticipated that the project will require preparation of a CE Level 3.
(b) The Indiana Department of Transportation's (INDOT) Indiana Categorical Exclusion Manual (current
to the date of this contract) will be used as guidance to determine the nature and scope of impacts
that may result from the proposed action. Direct, secondary, and cumulative impacts to
environmental, social, and cultural resources will be determined. Agency coordination related to the
Purpose and Need for the project, involvement with farmland protection, stream impacts, wetlands,
threatened and endangered species, flood plains, and historic preservation will be part of the
confirmation.
(C) The CE document will provide the following items and information:
(I) Analysis and Determination of Environmental Impacts;
(ii) Analysis and Determination of Ecological Impacts;
(iii) Analysis and Determination of Cultural Resources Impacts;
(iv) Analysis and Determination of Community Impacts includes Public Facilities, Environmental
Justice, Displacement, Section 4(f);Farmland Impacts;
(v) Determination of Environmental Commitments;
2. Completion and Assembly of Categorical Exclusion Form.
(a) The Categorical Exclusion will be completed on INDOT's CE Form. The document will include all
required forms, checklists, documentation, maps, and drawings. Public Involvement information and
Purpose and Need information gathered and provided by The Schneider Corporation will be included
with the Categorical Exclusion. The Schneider Corporation will provide engineering drawings and
information necessary for completion of the CE Form.
B. Phase la Archaeological Survey
1. The preparation of Section 106 historic properties and archaeological surveys includes the following:
(a) For archaeological resources, an area 1 mile surrounding the proposed project area will be
examined, to provide sufficient information to determine the potential sensitivity of the project area.
The following references will be consulted:
(i) USGS 7.5' topographic maps associated with the project area;
Attachment "A" to the Professional Services Agreement Between Ver. 06/10
The Schneider Corporation and
The City of Carmel, Indiana Page 2 April 04, 2011
t: \proposals\2010 \19915_106th street trail- phase iiApsa 106th street trail 040511 rev.doc
r
V
ATTACHMENT A
SCOPE OF SERVICES
Name of Project: 106 Street Trail Illinois Street to Ditch Rd.
(ii) Archaeological inventory forms and report files at the Indiana DNR DHPA;
(iii) NRHP files;
(iv) County atlases, maps, and histories.
2. Any artifacts encountered will be collected, and notes will be kept for each shovel probe. These notes
will consist of soil texture, soil color, presence /absence of cultural materials, and the presence /absence
of in situ cultural horizons.
3. In areas that appear disturbed, the field crew will verify and document disturbance through the use of soil
probes and visual inspection.
4. All cultural materials will be cleaned and analyzed by ASC Group, Inc. staff. Analytical procedures will be
in compliance with the Indiana Cultural Resource Manual (INDOT 2008).
5. All notes and artifacts will be curated at a qualified curatorial facility (Indiana State Museum). Project
reporting will include the preparation of a records check incorporated into the report. The draft and final
report will follow the guidelines presented in the Indiana Cultural Resource Manual (current to the date of
this contract).
6. Access to the individual properties will be arranged prior to commencement of the fieldwork. Copies of
the landowner notification letters will be provided to ASC Group, Inc.
7. The boundaries will be made clearly evident to the field crew prior to investigation. The client will provide
mapping that clearly identifies the boundaries of the project area.
8. Base project area maps will be provided electronically, if possible, to ASC Group, Inc. to facilitate report
preparation.
C. Historic Properties Records check:
1. The records check for historic properties will be conducted within and surrounding the Area of Potential
Effects (APE) for the project area.
2. Examine all inventories and literature to determine whether:
(a) Historic Properties Records;
(b) Any part of the project corridor has been previously surveyed;
(c) The architectural structure(s) previously located have been subject to sufficient investigation to
determine the potential eligibility of the structure(s);
3. Methods: The literature review area to be reported will consist of the APE, but the records check will
examine an area likely to prove larger than the final APE to ensure that all of the APE will be included in the
records check. The following sources may be examined as applicable:
(a) National Historic Landmark and National Register of Historic Places (NRHP) listings;
(b) NRHP Determination of Eligibility files;
(c) Indiana Historic Sites and Structures Inventory files;
(d) Historic county and city atlases and maps; and
(e) County Interim Report (if available).
4. All historical architectural resources identified will be mapped on USGS topographic maps. The mapping will
include previously inventoried historical architectural properties.
D. Historic Properties Survey
1. Define a preliminary APE, conduct a reconnaissance survey to document the historical architectural
resources present within the proposed APE, and to provide a recommendation as to the NRHP eligibility of
the resources.
2. A historic properties survey involving a field review of the APE will be conducted. The survey findings will be
compiled in a report written to the standards of the INDOT Cultural Resources Manual.
3. Project reporting will include the preparation of a draft and final Historic Properties Short Report. The report
will include an executive summary, a scope of work, the methodology, the literature review results, a
description of properties, and the summary and conclusions of the survey.
4. Prepare anticipated Statewide Categorical Exclusion Document for entire project length. Should project
Attachment "A" to the Professional Services Agreement Between Ver. 06/10
The Schneider Corporation and
The City of Carmel, Indiana Page 3 April 04, 2011
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3 60
ATTACHMENT A
SCOPE OF SERVICES
Name of Project: 106 Street Trail Illinois Street to Ditch Rd.
require documentation other than the aforementioned, additional cost will be incurred. Wetland
Delineation or report preparation for wetlands or protected species, if any, is not included in this scope of
work but is available as an additional service.
Geotechnical Investigation
Scope of Geotechnical Exploration Service
The Geotechnical Work will consist of four (4) tasks outlined below. The tasks included herein are intended to provide
geotechnical information relative to the existing subsurface (soil and groundwater) conditions along the proposed new
roadway alignment to assist the design engineers in preparing the roadway design plans.
Drilling:
The drilling program for this project will be established using up to fifteen (10) soil test borings to be located within the
proposed new alignment and drainage structures to an average depth of about 15 -feet. Actual depths and number of
borings will be dependent on the soil conditions encountered, forthcoming design details and INDOT guidelines at the time
of our evaluation. The soil borings will be performed with a truck mounted drill rig and /or ATV drill rigs will be used to
complete the proposed drilling program. The borings will be backfilled at completion of the field work according to the
"Aquifer Protection Guidelines" provided by INDOT. GME Testing personnel will spot the soil test borings in the field using
measurements from existing site features. Due to the presence of underground utilities, it will be necessary to contact the
various utility companies and make the necessary field trips to resolve this potential problem. GME Testing will contact the
Indiana Underground Plant Protection Service, Inc. to arrange an underground utility line location check.
Field Sampling and Testing:
Within each test boring, split -spoon samples, collected in accordance with the Standard Penetration Test (SPT) Method
(ASTM D- 1586), will be obtained at 2.5 -ft intervals to the 10 -foot depth and at 5 -feet thereafter.
Laboratory Testing:
Samples recovered from the split -spoon sampler will be sealed in clean, airtight glass jars, labeled and transported to our
laboratory for further classification (per ASTM D -2487) and testing. Our laboratory testing program will be performed in
accordance with guidelines established by INDOT and will likely include moisture content tests on all samples, visual
classification, particle size and hydrometer analysis, Atterberg Limits, soil pH, standard Proctor maximum dry density test
and California Bearing ratio (CBR) test performed on representative sample of the pavement subgrade soil.
Analysis and Presentation:
The results of the field exploration and laboratory tests will be used in our engineering analysis. The exploration results,
conclusions, and recommendations will be presented in a formal written report to guide design and construction of
proposed roadway and drainage structures. Specifically, our report will address recommendations regarding subgrade
preparation, fill placement and subgrade improvements and considerations; pavement design considerations, earthwork
construction and dewatering considerations. The final field exploration and laboratory testing program may require some
modifications after review by INDOT engineering personnel. Hard copies and a pdf format of our reports and test results
will be submitted upon completion.
The work will be performed as described above in accordance with the unit charges for the applicable items
as shown in Appendix D. The cost of the study will not exceed the amount shown in Appendix D, unless
unexpected subsurface conditions are encountered, the project characteristics are changed significantly or if
the site conditions will require the use of special equipment. If the above scope of work is changed then
modifications to the fee may be required. If it becomes necessary to extend the boreholes beyond the
requested depth due to soft, loose or unstable materials, the client will be contacted for approval. In any
event, the cost will not be exceeded without prior authorization from the client.
Utility Coordination
Attachment "A" to the Professional Services Agreement Between Ver. 06/10
The Schneider Corporation and
The City of Carmel, Indiana Page 4 April 04, 2011
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AS
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ATTACHMENT A
SCOPE OF SERVICES
Name of Project: 106 Street Trail Illinois Street to Ditch Rd.
The Consultant shall conduct office reviews, field inspections, and meetings as needed for utility relocations.
The Consultant shall provide legal notice before entering private property.
The Consultant shall prepare agreements and authorization letters for utility relocations.
The Consultant shall attend the Field Check meeting if required (maximum of one meeting).
The Consultant shall distribute plans with a tentative project schedule to the Utilities. Also, the Consultant
shall request submittal of relocation plans from the Utilities with an estimated relocation schedule.
The Consultant shall make a maximum of two (2) attempts (one via certified mail and one via e -mail or
telephone) to obtain written documentation from utilities whether relocations are required or not, unless
instructed otherwise.
The Consultant shall review relocation plans and schedules to verify that all conflicts are resolved. At the
appropriate time, the City of Carmel or INDOT will provide written notice for the Utility to proceed.
The Consultant shall distribute two (2) copies of the Utility Written Notice to Proceed with approved utility
relocation plans to the INDOT Greenfield District.
The Consultant shall provide the following items for the utilities that have provided the aforementioned
requested material to the subcontractor within the project limits to the INDOT Contracts Construction
Division, Contract Section along with contract documents no later than 90 days prior to the contract letting:
1. Utility contact with phone number,
2. Utility relocation plans and /or verbal description of relocation if relocation is necessary,
3. Schedule for relocation, if relocation is necessary, including material delivery, weather restraints, pre
work requirements, coordination issues, need for right -of -way staking and construction time,
4. Utility Coordination Certification.
(a) The Utility Coordination Certification, signed by the person responsible for utility coordination, should
designate that known utilities within the project limits have been contacted and that the included
relocation plans address the relocation of facilities known to be in conflict with the project.
Construction Drawings
Schneider will provide construction drawings for the proposed multi -modal path based on layouts provided in the
preliminary identity study completed by Schneider in 2009. Construction Drawings will include but may not be limited to
the following:
Demolition Plans
Layout and Materials Plans
Layout Enlargements and Details
Grading and Drainage Plans
Landscape Planting Plans
Landscape Planting details
Utility Plans and Details
Soil Erosion Control Plans
Soil Erosion Control Details
Prefabricated Bridge Design over stream crossings
Bridge Details
Irrigation Plan
Irrigation Details
Lighting Plan Details
General Details as required
A review set will be submitted to Carmel for review at 30% completion and 90% completion of the drawings.
All drawings will be set up in the INDOT format and follow their proposed guidelines for LPA projects. Schneider has
assumed a Grade Review, a Field Check and a Submittal of Final Tracings to INDOT as part of the proposed design
process. We are also assuming extensive coordination with all utilities in the area as part of the process.
Final Package Submission Phase
The Final Package submission shall be accomplished after the Final Tracings are approved by INDOT. The Final
Attachment "A" to the Professional Services Agreement Between Ver. 06/10
The Schneider Corporation and
The City of Carmel, Indiana Page 5 April 04, 2011
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ATTACHMENT A
SCOPE OF SERVICES
Name of Project: 106 Street Trail Illinois Street to Ditch Rd.
Package submission includes Environmental Approval, Final Tracing Plans, Specifications, and Estimate, Final
Tracing approval letter, right -of -way certification, permits, consultant selection certification, and the LPA Contract
Preparation document. The Final Package will be forwarded on to the INDOT Central Office for the Construction
Contract to be prepared. If additional information is required for this submission, the District LPA Coordinator will
notify the LPA.
Pre Construction Meeting
The Consultant shall provide a member of the design staff knowledgeable of the project for attendance of the Pre
Construction Meeting.
Shop Drawing Review and Contractor Request for Information
Review shop drawings for compliance with appropriate standards and specifications. Shop Drawing Reviews
shall be in accordance with section 14- 1.02(07) of the IDM. Where section 14- 1.02(07) implies the review
responsibility of shop drawings as INDOT or INDOT's shop drawing review consultant, it should be
understood that it is the responsibility of the LPA and its Design Consultant.
Review Contractor's Request For Information documents and provide responses to design related questions.
Contractor's Request For Information documents regarding construction elements shall be the responsibility
of the Construction Inspection Services provider.
Meetings Coordination
TSC understands that close coordination with the City of Carmel will be required to insure a successful project. Schneider
anticipates up to (5) meetings with Carmel as the project moves forward and up to (4) coordination meetings with other
consultants as required.
Project Assumptions
1. Any client specific design guidelines, details or requirements will be provided by the client prior to commencing
work. Failure to do so may result in additional services.
2. Schneider will be provided an electronic copy of any design concepts or survey information that pertains directly
to the proposed project scope
3. There are no known environmental hazards within the project area. If field investigations reveal questionable
areas, then additional field investigations may need to occur. Currently environmental work is not included in the
scope of services.
4. Schneider has assumed the Categorical Exclusion document will be a Level 3. If a more detailed CE is required,
then additional fees may be necessary.
5. All work outside the proposed project limits is not included in this scope and will be part of a separate contract.
6. We have assumed that the project impacts to the proposed stream crossings will be minimal and will be below the
permit thresholds for 401 and 404 permitting through the US Army Corps of Engineers and the Indiana Dept of
Environmental Management. If either of these permits are required, additional services will be required.
7. We have assumed this project will be paid for with a CMAQ grant and will go through the INDOT LPA process. If
a different process of engineering and review is required, additional fees may be required.
8. We have assumed that no regulated waters determination for mitigation plan will be required. If either is required,
additional services may be required.
9. This project will not address the crossing of US 31. That crossing is being addressed as part of the US 31
redesign project.
10. We have assumed that there is no Right -of -way being required for the project, therefore no Right -of -way services
will be required. If these services are needed, additional services will be required.
Attachment "A" to the Professional Services Agreement Between Ver. 06/10
The Schneider Corporation and
The City of Carmel, Indiana Page 6 April 04, 2011
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ATTACHMENT B
SCHEDULE OF FEES
Name of Project: 106 Street Trail Illinois Street to Ditch Rd.
Client shall compensate Professional for services rendered in accordance with the following:
Design fees for this project shall be a Lump Sum fee as follows:
Topographic Survey $13,427.50
Hydraulic Modeling 6,900.00
Categorical Exclusion 8,550.00
Geotechnical Investigation 7,270.00
Finalize Layout and Trail Design 5,800.00
Construction Drawings $78,350.00
Contractor Questions Shop Drawing Rev. 5,320.00
Total $125,617.50
Reimbursable Expenses
The following expenses will be charged on an as -used basis:
Mileage $0.36 /mile
Other out -of- pocket expenses cost plus 10%
After a period of 12 months from the date of this Agreement, all fees remaining under this contract are subject
to an increase of up to 6% at the discretion of the Professional, and my further be increased by 6% annually
thereafter.
Attachment "B" to the Professional Services Agreement Between Ver. 06/10
The Schneider Corporation and
The City of Carmel, Indiana Page 1 April 04, 2011
t: \proposals\2010 \19915_106th street trail- phase iii \psa 106th street trail 040511 rev.doc
761.2C6
ATTACHMENT B
SCHEDULE OF FEES
Name of Project: 106 Street Trail Illinois Street to Ditch Rd.
Billing Rates
STAFF LEVEL HOURLY RATES STAFF LEVEL HOURLY RATES
Principal $172.00 Architect Designer $85.00
Department Director $145.00 Architect Technician $80.00
Sr. Project Manager $133.00 Sr. Interiors Professional $112.00
Project Manager $114.00 Interiors Professional 2 $102.00
Project Coordinator $109.00 Interiors Professional 1 $90.00
Sr. Project Engineer $133.00 Media Technician 2 $110.00
Project Engineer $110.00 Media Designer 2 $110.00
Engineering Designer $88.00 Media Technician 1 $80.00
Engineering Technician $82.00 Media Designer 1 $80.00
Sr. Geologist $133.00 PC Technician $89.00
Geologist 2 $80.00 Resident Project Rep 3 $92.00
Geologist 1 $60.00 Resident Project Rep 2 $85.00
Sr. Environmental Specialist $90.00 Resident Project Rep 1 $77.00
Environmental Specialist 2 $75.00 Sr. Project Surveyor $93.00
Environmental Specialist 1 $60.00 Project Surveyor $87.00
Sr. Geotech Specialist $75.00 Survey Technician $75.00
Structural Steel Technician $65.00 Survey GPS Operator $130.00
Geotech Technician 2 $56.00 Survey Chief of Parties $93.00
Geotech Technician 1 $34.00 Survey Party Chief $75.00
Sr. Land Planner $133.00 Survey Instrument Operator $75.00
Land Planner $104.00 Survey Rodman $75.00
Sr. Landscape Architect $109.00 Survey 3rd Man $40.00
Landscape Architect $96.00 Research Technician $62.00
Sr. Project Architect $131.00 Administration $56.00
Project Architect $112.00
Attachment "B" to the Professional Services Agreement Between Ver. 06/10
The Schneider Corporation and
The City of Carmel, Indiana Page 2 April 04, 2011
t: \proposals\2010 \19915_106th street trail- phase iii \psa 106th street trail 040511 rev.doc
A'
8(4
EXHIBIT B
Invoice
Date:
Name of Company:
Address Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Goods Services
Person Providing Date Goods /Services Provided Cost Per Hourly Total
Goods /Services Goods/ (Describe each good /service Item Rate/
Service separately and in detail) Hours
Provided Worked
GRAND TOTAL
Signature
Printed Name