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HomeMy Public PortalAbout014-2014 - Metro - Rundell Ernstberger - 7th Street ParkPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into this 'day of J'�'�! L�G�f � �, 2014, and referred to as Contract No. 14-2014, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Parks and Recreation (hereinafter referred to as the "City") and Rundell Ernstberger Associates, LLC, 618 E. Market Street, Indianapolis, Indiana, 46202 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide professional services in connection with the design, construction documentation, and construction administration services for the 71h Street Park project located in Richmond, Indiana, 47374 (hereinafter referred to as the "Project"). Contractor's proposal dated December 10, 2013, consists of ten (10) pages and is attached hereto as Exhibit A and hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. Should any provisions, terms, or conditions contained in any of the documents attached hereto as Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. The Contractor shall furnish all labor, material, equipment, and services necessary for the proper completion of all work specified. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11(a)(2); and 3. A purchase order has been issued by the Purchasing Department. SECTION II. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the work. Contract No. 14-2014 Page 1 of 6 SECTION III. COMPENSATION City shall pay Contractor a sum not to exceed Two Hundred Sixty-four Thousand Dollars and Zero Cents ($264,000.00) for the complete and satisfactory performance of the work required hereunder. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until completion of the project. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: a. failure, for any reason of the Contractor to fulfill in a timely manner its obligations under this Agreement; b. submission of a report, other work product, or advice, whether oral or written, by the Contractor to the City that is incorrect, incomplete, or does not meet reasonable professional standards in any material respect; C. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make payment for all work performed prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein. This Agreement may also be terminated, in whole or in part, by mutual agreement of the parties by setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Page 2 of 6 Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coverage A. Worker's Compensation & Disability Requirements B. Employer's Liability C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage E. Comprehensive Umbrella Liability Limits Statutory $100,000 $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence $1,000,000 each person $1,000,000 each occurrence $1,000,000 each occurrence $1,000,000 each occurrence $1,000,000 each aggregate F. Malpractice/Errors & Omissions Insurance $500,000 each occurrence $500,000 each aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify Page 3 of 6 program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. SECTION VIII. IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5- 22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. SECTION IX. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: 1. That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; Page 4 of 6 2. That Contractor, any sub -contractor, or any person action on behalf of Contractor or any sub -contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by the City and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION X. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability for negligence which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION XI. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained herein. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit arising out of this Contract must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. Page 5 of 6 Any person ekwutingthis Contract in a tep#sentative capacity hereby warrants that hedshe has ,bpa clWy-eAortzed by lus got hec pztinc p Ito ; to s ` nttact. in the eveot. of any breach.of this ;Agree tnent by C;onftttor;-and m addition�to any otherdamages W remedies, Contra s "I be "o for all, costs icy 'by City in its efforts to gufaroe this Agitement, itidludiiV,butmot limited to, C ity's reasonab a attothey's fees; 1# the event that an ambiguity..question of iotpu, -or t t A#=d htshaI be cored as ifdra�ed.ja sal e:"Of ppoofs'lau are v g'or dis�rbtg my I +oftheiovisYons of`his Agiefterit. ItaiWI'tT MVII FREOF, the, parties have executed:Ws Agent at RichmtoncL int�t "of the;daYAnd;year WwAfteft abeam-altfiogh -9gn4Uut9 ' � a&ed oti di eeted,da s. uCrIlyf To MY OF RICIHWM. IWLANA BY —AND INROUPH;ITS Board cif powit Wdtks to StWy I iEi on,,Mcmber "CONTRACTOR,"' miji m P" r W t!j., � A A 40 =77 I W-I)m -, Any person executing this Contract in a representative capacity hereby warrants that he/she has been duly authorized by his or her principal to execute this Contract. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees. In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA BY AND THROUGH ITS Board of Public Works and Safety By:GLGIfi✓ By: Vicki Robinson, President LIM Dian Lawson, Member w 0 AM 0 604, OF TOA �4�E Anthon 0. Printed: �� . -/ Date: /� �( ,� V Date: APPROVED: Sarah L. Hutton, Mayor Date: �� �Z "CONTRACTOR" RUNDELL ERNSTBERGER ASSOCIATES, LLC 618 E. Market Street Indianapolis, IN 46202 Page 6 of 6 U 4 d ,X 1111-T Ej�6� RLINDELL ERNSTBERGER ASSOCIATES, LLC 10 December 2013 Mr. Tony Foster Executive Director Department of Metropolitan Development City of Richmond 50 North 5th Street Richmond, IN 47374 Re: 711 STREET PARK I Richmond, IN Design and Construction Document Services Dear Tony: II N D I A N A P 0 L I S reeindylr.a te.com I, www reesite. com Rundell Ernstberger Associates, LLC is pleased to submit tho following proposal for design, construction documentation, and construction administration services for the 7m Street Park project. We are excited about the opportunity to assist the City of Richmond in the realization of this park which will have a profound impact on the quality of life and livability in the downtown area. This proposal is based on our discussions and the conceptual plan for the park prepared by REA as a part of Richmond's Stellar Communities Strategic Investment Plan. PROJECT UNDERSTANDING: We are submitting this proposal based on the following understanding of the project: 1. Rundell Ernstberger Associates, LLC (REA) will be the lead design firm for the project. Our services will include those of our consultants, which include surveying, architectural, civil engineering, structural, and electrical engineering and environmental consultants. 2. The total project budget is approximately $1.5 million, including professional fees. The scope of work identified in the conceptual plan is for a signature downtown park that includes a parking area, market shelters, multipurpose events lawn, spray plaza, band shell / pavilion, play space, gateway elements, special pavements, lighting, and plantings. Final project elements will be determined based on an estimate of project costs. 3. The scope of work for the project includes schematic design, design development, construction documentation, permitting, and construction administration services. The services to be provided by REA and our consultants will include surveying, site design, architectural, structural, mechanical/electrical, and civil engineering. In addition, our services will include environmental documentation for the project. 4. Civil engineering services will include design of the proposed utilities and stormwater management system to serve the project and securing the necessary permits/approvals for such improvements. The design of on -site utility services required to serve the park including water laterals, sanitary sewer, gas, and electric are also included. 5. The timeline for the project call for completion of design and construction within a two year timeframe. 618 E. MARKET STREET INDIANAPOLIS. INDIANA 46202 TE [317) 263.0127 FX [317) 263.2080 MUNCIE OFFICE: TE [765) 747.9737 FX (765] 747.5053 7`h Street Park I Richmond, IN SCOPE OF WORK Based on the above understanding, we propose the following scope of work: page 2 of 7 1.) Project Initiation: REA will meet with City of Richmond officials to discuss project design parameters, process, and schedule. REA and our team will visit the project site to take photographs and document existing conditions. 2.) Topographic Survey: REA will provide a full topographic survey as needed for the completion of the project. a. The survey area will be bounded on the west by the back of walk along the west side of 6th Street, on the north by the back of walk along the north side of North A Street, on the east by the back of walk along the west side of 7th Street, and on the south by the south of North Service Street. Additional survey will be gathered 50 feet west, north, and east of the survey limits defined above along 6th Street, North A Street and North Service Street. b. The survey will include property information, right of way and property lines based on observed physical evidence and record documents, topographic data, utilities, buildings, walls, walks, signs, vaults, trees 6 inches in diameter and greater, and natural and man- made features, as evidenced by facilities at the ground surface and marks by others, necessary for the development of project plans. Spot elevations in a 25 foot grid pattern throughout the project area outside of the limits of the public roadways defined above will be provided, as well as spot elevations at all finish floors, at each threshold, building edges, insets and projections, exterior platforms, steps (top and bottom treads), corners, building entrances, break in grade, ramps, area ways, tree grates, etc. within the project limits, and at top and bottom of curb. c. REA will coordinate with all utility companies to locate and mark their utilities in field. VS shall notify the utilities via the call before you dig notification system (Indiana Underground Plant Protection Service (I.U.P.P.S.)). REA will verify that each utility has field located their facilities during the course of the design survey. The existing facilities located, at the time of the field survey, shall be incorporated into the design survey. d. REA will send out survey notices to all property owners within the project area. e. The final survey will be provided in both hard copy and digital format certified by a registered land surveyor. 3.) Environmental Study: REA will complete the necessary Environmental Assessment (EA) investigation in accordance with National Environmental Policy Act (NEPA) and Indiana CDBG Handbook requirements. This work will include the following: a. Red Flag Investigation: conducted within one-half mile of the project area to determine if there are potential areas of concern to include a review of infrastructure, water resources, mining/mineral exploration, and hazardous material concern layers on the Indiana Map (httr)://inmap.indiana.edu/viewer.htm). 7`h Street Park I Richmond, IN page 3 of 7 b. Early Coordination: REA will identify appropriate local, state, and federal agencies, as required by NEPA to be contacted. This will include establishing consultation and providing documentation to Section 106 consulting parties. Initial project information will be gathered and summarized in an Early Coordination packet that will be distributed to the appropriate agencies. c. Section 106 Cultural Resources: If full Section 106 is required, a Historic Property Report (HPR) and Archaeological Phase IA will be prepared in accordance with Section 106, National Historic Preservation Act (NHPA) of 1966, as amended, and CFR Part 800 (Revised January 2001) and Final Rule on Revision of Current Regulations, dated December 12, 2000, and incorporating amendments effective August 5, 2004. Archeological investigations will be conducted in accordance and compliance with the Secretary of the Interior's "Standards and Guidelines for Archaeology and Historic Preservation" (48 FR 44716), the current version of the Indiana Department of Natural Resources, Division of Historic Preservation and Archaeology's (IDNR, DHPA) "Guidebook: Indiana Historic Sites and Structures Inventory .- Archaeological Sites", and recent amendments to the Indiana Historic Preservation Act (IC 14-21-1). Investigation and recommendations will be accomplished or directly supervised by a Qualified Professional meeting the standards set forth in 36 CFR 61 or the National Historic Preservation Act and 312-IAC-21 of the Indiana Administrative Code. d. The reports will be submitted to the Indiana Department of Natural Resources State Historic Preservation Officer (SHPO) and the State Archaeologist for review and concurrence of findings. REA will establish the Area of Potential Effect (APE) and provide necessary Section 106 documentation for aboveground cultural resources. e. Final Cultural Resource Documentation: REA will prepare sections of the NHPA concurrence, 800.11(d) for a finding of "No Historic Properties Affected" or 800.11(e) "No Adverse Effect" for distribution to the SHPO and consulting parties. A legal notice will be published, one time, in the local newspaper for public comment period of thirty days. f. Phase I Environmental Site Assessment: REA will conduct a Phase I ESA to identify recognized environmental conditions at the property consistent with the American Society for Testing & Materials (ASTM) Standard E 1527-05 and the "Standards and Practices for All Appropriate Inquiry" 40 CFR 312 (AAI rule). g. Environmental Assessment Documentation: REA will prepare and submit the final EA document which includes gathering, documenting, and reporting on the following information: • Project Purpose and Need • Project Description • Other Alternatives Considered • Design Criteria • Ecological Resources • Area Resources • Cultural Resources • Section 4(f) and Section 6 (f) Resources 7`h Street Park I Richmond, IN page 4 of 7 • Air Quality • Noise Impacts • Hazardous Materials and Regulated Substances • Permits • Environmental Commitments 4.) Schematic Design: Utilizing the conceptual plan and topographical survey information, REA will prepare a schematic design plan that further refines the site layout. REA will prepare preliminary elevations and sections of the architectural components. REA will prepare a preliminary utilities plan that identifies utility service point locations and a preliminary drainage plan that identifies stormwater tie in points to existing system, preliminary locations of trunklines, and type of stormwater quality and quantity control measures. REA will coordinate utility service requirements and processes with applicable utility companies. REA will prepare a preliminary cost opinion and review the schematic design documents with the owner in order to determine the preferred site development components. We anticipate up to two (2) client meetings will be required during this phase of work. 5.) Design Development: Upon approval of the Schematic Design by the Owner, the REA design team will prepare design development drawings of the proposed site improvements. Design Development drawings to be prepared will include preliminary layout, utility, grading and drainage, electric, and landscape plans and details. Site utility (sanitary sewer, water service, and gas) and drainage plans and details will be prepared and engineering calculations will be performed to determine the size, type, and location of stormwater lines and stormwater quality and quantity control measures. REA will also prepare outline specifications and an updated cost opinion for the proposed work. The REA design team will review the design development documents with Richmond for approval. We anticipate up to two (2) client review meetings will be required during this phase of the project. 6.) Construction Documents: Upon approval of the design development documents, REA will finalize the site design documentation, which will include construction drawings and specifications. Construction drawings will include, but not be limited to, site demolition, layout, grading/drainage, erosion control, stormwater pollution prevention, utility, electric, architectural, and landscape plans and details. REA will review the Construction Documents with Richmond at the 50% and 95% completion stages. 7.) Permitting/Approvals: REA will also prepare the following documentation for permitting and approval of the work: ➢ State of Indiana Design Release: REA will electronically file the project with the Indiana Department of Fire and Building Services and make any necessary revisions to obtain a Construction Design Release from the State Building Commissioner. ➢ Drainage Approval: REA will prepare the required Drainage Design Report and Stormwater Pollution Prevention Plan (see below) in accordance with local requirements to secure drainage approval for the project. 76 Street Park I Richmond, IN page 5 of 7 ➢ Stormwater Pollution Prevention Plan (SWPPP) and Rule 5 Compliance: REA will prepare a Stormwater Pollution Prevention Plan (SWPPP) and Rule 5 documentation as required by local, state and federal requirements detailing the temporary and permanent practices that will be implemented to minimize the potential for pollution of receiving waters during the construction phase of the project and post -construction phase. 8.) Final Bid Documents: Upon approval of the 95% review set of construction documents, REA will proceed with the preparation of final plans, details, technical specifications, and estimates, required for bidding of the project. The City will provide their standard front-end specifications. REA will provide one set of bid documents to the City and one set of electronic documents to a selected print shop for purchase by bidders. 9.) Bidding. REA will prepare addenda, clarifications, and answer contractor questions as required during the bidding period. REA will assist the Owner in evaluating the bids received for the project. REA will also attend a pre -bid meeting, if required. 10.)Construction Administration: Once the construction contract has been awarded, REA will attend the pre -construction meeting. REA will observe construction activities and report on construction progress to the City on a biweekly basis. We will participate in construction meetings, review shop drawings and submittals, respond to written Requests for Information, and clarify documents as necessary. REA will prepare the substantial completion punch list, and issue the certificate of completion for the project closeout. PROJECTED TIMELINE: Below is an anticipated schedule for design of the project, subject to owner and agency reviews and permit approvals. This schedule anticipates bidding the project in late summer/early fall of 2014. We anticipate approximately nine to ten (9-10) months for completion of environmental documentation and design and eight to ten (8-10) months for construction, with a grand opening in late summer 2015. Environmental Assessment 42 weeks or 300 days (concurrent with below) Topographic Survey 6 weeks Schematic Design 8 weeks Design Development 10 weeks Construction Documents 12 weeks Bidding/Contract Award 6 weeks Construction Administration 32 weeks TOTAL 74 weeks (18 Months) P CX, PAGE-bF•-0i 7ch Street Park I Richmond, IN page 6 of 7 COMPENSATION: We propose to perform the aforementioned services for a fee of $264,000.00 in accordance with the following fee schedule: Topographic Survey $20,100.00 Environmental Documentation $37,950.00 Schematic Design $ 26,500.00 Design Development $ 47,000.00 Construction Documents $ 86,000.00 Bidding $ 9,400.00 Construction Administration $ 31,750.00 Reimbursable Expenses $5,300.00 ➢ Services will be billed monthly on a lump sum, percentage complete basis (with the exception of the Construction Administration services - see below), plus reimbursable expenses. Fees will not be exceeded without prior written approval from the City of Richmond. ➢ Construction Administration services will be billed on an hourly basis, plus expenses. The above fees represent approximately 250 hours of construction Administration time by REA staff and our consultants. Should this limit be approached, REA will notify the City in advance and request written approval to proceed with additional Construction Administration services. ➢ Reimbursable expenses will be invoiced according to the attached schedule. ➢ Special renderings, presentation drawings, and models are not included in the fee. If requested by the client, these items will be billed at our direct cost. ➢ Permit fees, records search, soil tests, environmental testing, and geotechnical services are not included in the above fees and will be billed at direct cost. The owner shall provide filing fees for permits and approvals. ADDITIONAL SERVICES: The following additional services are not included in the above scope of work and fee for this project. If required, these services shall be provided if authorized through an approved amendment of this agreement by the Owner. Additional services will be billed at our standard hourly rates (see attached schedule) or on a negotiated fee basis. • Preparation of off -site topographic surveys. • Preparation of Geotechnical investigations or studies • Design of off -site utilities such as water service, site electrical, storm sewers, stormwater detention or sanitary sewer. • Design of underground or aboveground storage as a stormwater quantity control measure. • Hydrologic and Hydraulic Analysis of off -site storm sewer systems. • Preparation of utility relocation plans required due to conflicts between existing utility infrastructure and proposed site infrastructure. • Environmental documentation services beyond those specified herein, including but not limited to, 800.11(f) documentation, drafting of Memorandum of Agreement, Phase 1c, Phase Il, Phase III archaeological investigations, sampling, and consulting party meetings. 7,h Street Park I Richmond, IN page 7 of 7 • Preparation or coordination of utility coordination agreements. • Attendance at and performance of notification for public hearings. • Significant additions or deletions to the stated project scope of work. • Changes to the project design, documents, or scope of work after receipt of owner approval for each stage of design. • Owner -initiated changes in the scope of work after commencement of construction documents or during the construction period. • Extensive delays in the project timeline due to conditions beyond the control of REA. • Preparation of record or as -built drawings. • Preparation and submittal of any permits beyond those specified herein. • Construction phase services beyond those specified herein. Tony, if the terms of this proposal are agreeable to you, your signature below will constitute a satisfactory form of agreement between Rundell Ernstberger Associates, LLC and the City of Richmond. Please return one (1) signed original to this office. Should you elect to execute a different form of agreement, please attach a copy of this letter as an exhibit. I have tried to outline the steps I believe are necessary for a successful implementation of this project. If you have any questions or concerns regarding this proposal, please call me. We look forward to hearing from you soon. Sincerely, • Kevin Osburn, ASLA Principal Attachment: REA Standard Fee and Reimbursement Schedule Accepted: CITY OF RICHMOND By: Date: EFtX i �1 i �T STANDARD FEE AND REIMBURSEMENT SCHEDULE Indianapolis, IN I Nlonde, IN 1 [ ouisville, KY effective July 2011 Rates indicated are subject to semi-annual review and revision PROFESSIONAL AND TECHNICAL STAFF Principal $185.00/hour Associate $130.00/hou r Professional Staff (Registered Land. Arch.) $110.00/hour Technical Staff (Graduate Land. Arch.) $90.00/hour Clerical $65.00/hour A surcharge of fifty percent (50%) will be added to hourly rates for expert witness testimony and/or for participation at hearings, depositions, etc. REIMBURSABLE EXPENSES Mileage Standard mileage rate Travel, Lodging, and Meals Cost Telephone, Telex, Telecopy, Faxes, etc. Cost Postage, Handling, etc. Cost Copies Black & White (81/2 x 11) $0.05/copy Black & White (11 x 17) $0.10/copy Color In -House Printer 81/2 x 11 Inkjet $1.00 81/2 x 11 Presentation $1.50 81/2 x 11 Photo Paper $2.50 11 x 17 Inkjet $2.00 11 x 17 Presentation Paper $2.75 11 x 17 Photo Paper $3.50 CD Copies $5.00 Plots Black & White In -House Plots Bond $1.00 SF Vellum $1.50 SF Mylar $1.75 SF Color In -House Plots Heavy bond $4.00 SF Semi -Gloss $5.00 SF High -Gloss $6.00 SF Materials Cost + 5% Equipment Rental Cost + 5% Subcontract Services Cost + 5% INVOICES Invoicing and payment schedule are detailed in the contract. Balances remaining unpaid after thirty (30) days are subject to a monthly finance charge of 1.5% (18% annually) until paid. RUNDELL ERNSiBERGER ASSO IA'rES LLC IW' Sf APOL64, Ird MUNCIE i Ujt,Vl LL KY I ITO INDIANA DEPARTMENT OF TRANSPORTATION Driving Indiana's Economic Growth 1l)o 14om Senate Avenue PHONE:(31.7) 232-SC Room N725 FAX: (317) 233-8862 Indianapolis Indiana 46204-2216 February 26, 2013 Mr. Carl Kincaid Rundell Emstberger Associates 618 E. Market Street Indianapolis, IN 46202 SU: Consultant Prequalification Dear Mr. Carl Kincaid: Michael R. Pence, Governor Michael B. Cline, Commissioner Prequalification Section (317) 232-5094 The Consultant Prequalification Renewal Package submitted on February 21, 2013 has been reviewed by this office. Your firm has been prequalified to provide consulting services to the Indiana Department of Transportation (INDOT) in the work groups listed on the attached Worktype certification, effective February 26, 2013. This approval supersedes any previous approval for prequalification, but is subject to -revision or modification in accordance with the most current edition of the INDOT Consultant Prequalification Manual. This approval will expire on February 28, 2015. Indirect cost and facilities capital cost of money rates of 123.28% and 0.00% respectively are approved on a PROVISIONAL basis for the purpose of fee proposal preparation. Your firm's annual contracting capacity will be $250,000.00. The rates and selection capacity are based on your submitted financial information for the fiscal period that ended on December 31, 2011. The firm's most recently approved provisional indirect cost rate and current audited or self -certified paid hourly labor rates are to be used as a basis for fee justifications and negotiations. However, the Office of Cost Accounting and Audits will determine the allowable final project costs in accord with cost principles contained in 48 CFR Part 31 of the Federal Acquisition Regulations, the allowable indirect cost rates, the audited or self -certified paid hourly labor rates for the periods in which the cost were incurred and the terms of the contract. You are required to submit a modification package in the event of any changes in firm ownership, firm address, form of business entity under which the firm operates, manpower significant enough to affect the firm's qualifications or capacity (or operations of laboratories, facilities, etc.), financial status (such as filing for bankruptcy), or any other change which affects an element INDOT considers when prequalifying a consultant. The Consultant must notify INDOT within 15 days of any change in the information provided in its Prequalification Package and to submit a modification package in a timely manner. Failure to submit a modification package will result in the loss of the Consultants Prequalification Status. Zren pectfully,KBM B -Macdon cc: file Prequalification Engineer wwwv"r/doV An ngnnnOppnnnnnn nn pinnm R Prequalified WorkType Certification Issued By Indiana Department of Transportation Date Printed: 02/26/2013 Rundell Ernstberger Associates Valid Work Groups Effective: February 26, 2013 5' Speciality Not Listed Specialty Comments Urban Planning/Design Context Sensitive Planning and Design Landscape Architecture Bicycle/Pedestrian Trail Planning & Design Expires on: February 28, 2015 1 I Karen B. Ma donald, P.E. 02/26/2013 Prequalification Engineer.