contract -sagamore parkway reconstruction phase 3

Board of Public Works and SafetyLafayette City Hall: Common Council Chambers

Caucus is Tuesday at 8:30AM in Board of Works room__________________________________________________________________________

Meeting: February 14, 2017

PLEDGE OF ALLEGIANCE

APPROVAL OF MINUTES

February 7, 2017

02072017.pdf

NEW BUSINESS

Engineering

Recommendation For Award-Sagamore Parkway Reconstruction Phase 3

Recommendation for Award-Sag Phase 3.pdf

Contract-Sagamore Parkway Reconstruction Phase 3

Contract-Sag Phase 3.pdf

Notice To Proceed-Sagamore Parkway Reconstruction Phase 3

Notice to Proceed-Sag Phase 3.pdf

Recommendation For Award-Haggerty Lane And Veterans Memorial Parkway Traffic Signal

Recommendation for Award-Haggerty Lane and Veterans Memorial Pkwy Traffic

Signal.pdf

Contract-Haggerty Lane And Veterans Memorial Parkyway Traffic Signal

Contract-Haggerty Veterans Traffic Signal.pdf

Notice To Proceed-Haggerty Lane And Veterans Memorial Parkyway Traffic Signal

Notice to Proceed-Haggerty Veterans Traffic Signal.pdf

Supplemental Agreement #2-Sagamore Parkway Reconstruction Phase 3

Supplemental Agreement 2-Sag Phase 3.pdf

General Services Agreement -Butler, Fairman & Seufert

General Services Agreement with Butler, Fairman and Seufert.pdf

Change Order #1-Wabash River Promenade

Change Order 1-Wabash River Promenade.pdf

Water Pollution Control

Contract-Brown Street Sewer Project Phase 2

Contract-Brown Street Sewer Project Phase 2.pdf

Notice To Proceed-Brown Street Sewer Project Phase 2

Notice to Proceed - Brown Street Sewer Project Phase II.pdf

Economic Development

Change Order #4-Streetscape Phase V

Change Order 4-Streetscape Phase V.pdf

Parks Department

Project Management Services With Kettelhut

Project Management Service with Kettelhut.pdf

Design And Construction Contract With Context Design

Design and Construction Contract with Context.pdf

Purchasing

Declaration Of Surplus Property-Information Technology

Surplus property.pdf

CLAIMS

A list of all permits issued for the preceding week is available athttp://www.lafayette.in.gov/DocumentCenter/Index/375

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Board of Public Works and SafetyLafayette City Hall: Common Council Chambers

Caucus is Tuesday at 8:30AM in Board of Works room__________________________________________________________________________

Meeting: February 14, 2017

PLEDGE OF ALLEGIANCE

APPROVAL OF MINUTES

February 7, 2017

02072017.pdf

NEW BUSINESS

Engineering

Recommendation For Award-Sagamore Parkway Reconstruction Phase 3

Recommendation for Award-Sag Phase 3.pdf

Contract-Sagamore Parkway Reconstruction Phase 3

Contract-Sag Phase 3.pdf

Notice To Proceed-Sagamore Parkway Reconstruction Phase 3

Notice to Proceed-Sag Phase 3.pdf

Recommendation For Award-Haggerty Lane And Veterans Memorial Parkway Traffic Signal

Recommendation for Award-Haggerty Lane and Veterans Memorial Pkwy Traffic

Signal.pdf

Contract-Haggerty Lane And Veterans Memorial Parkyway Traffic Signal

Contract-Haggerty Veterans Traffic Signal.pdf

Notice To Proceed-Haggerty Lane And Veterans Memorial Parkyway Traffic Signal

Notice to Proceed-Haggerty Veterans Traffic Signal.pdf

Supplemental Agreement #2-Sagamore Parkway Reconstruction Phase 3

Supplemental Agreement 2-Sag Phase 3.pdf

General Services Agreement -Butler, Fairman & Seufert

General Services Agreement with Butler, Fairman and Seufert.pdf

Change Order #1-Wabash River Promenade

Change Order 1-Wabash River Promenade.pdf

Water Pollution Control

Contract-Brown Street Sewer Project Phase 2

Contract-Brown Street Sewer Project Phase 2.pdf

Notice To Proceed-Brown Street Sewer Project Phase 2

Notice to Proceed - Brown Street Sewer Project Phase II.pdf

Economic Development

Change Order #4-Streetscape Phase V

Change Order 4-Streetscape Phase V.pdf

Parks Department

Project Management Services With Kettelhut

Project Management Service with Kettelhut.pdf

Design And Construction Contract With Context Design

Design and Construction Contract with Context.pdf

Purchasing

Declaration Of Surplus Property-Information Technology

Surplus property.pdf

CLAIMS

A list of all permits issued for the preceding week is available athttp://www.lafayette.in.gov/DocumentCenter/Index/375

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http://www.lafayette.in.gov/DocumentCenter/Index/375

http://www.lafayette.in.gov/c72c12be-54ca-45fd-a6db-87bc4d1ef0fd

BOARD OF PUBLIC WORKS AND SAFETY

MINUTES

February 7, 2017

Regular Session:

The Board of Public Works and Safety met in regular session on Tuesday, February 7, 2017 at 9:00 a.m.

in the Common Council Chambers. Members present were: Gary Henriott, Cindy Murray, Norm

Childress, Ron Shriner and Dawn Ross

Jacque Chosnek, 1st Deputy City Attorney, was also present.

President Henriott called the meeting to order.

The Pledge of Allegiance was given to the flag of our Country.

MINUTES

Mrs. Murray moved for approval of the minutes from the January 31, 2017 regular meeting. Mrs. Ross

seconded. Passed.

BID OPNEING

Sagamore Parkway Reconstruction Phase 3

This being the time set to open bids for the Sagamore Parkway Reconstruction Phase 3, the following

bids were received and opened: Exterior View, Inc.

Lafayette, Indiana

Base Bid: $71,039.15

Milestone Contractors, LP

Lafayette, Indiana

Base Bid: $12,478,502.80

Rieth-Riley Construction

Lafayette, Indiana

Base Bid: $12,918,011.33

Mr. Childress moved to take the bids under advisement for further review. Mrs. Murray seconded.

Passed.

Haggerty Lane/Veterans Memorial Parkway Traffic Signal

This being the time set to open bids for the Haggerty Lane/Veterans Memorial Parkway Traffic Signal,

the following bids were received and opened:

Board of Public Works and Safety

February 7, 2017

Page 2

James Drew Corporation

Indianapolis, Indiana

Base Bid: $173,248.80

Hawk Enterprises Inc.

Crown Point, Indiana

Base Bid: $163,932.60

The Hoosier Company, Inc.


Base Bid: $168,887.00

Morphey Construction, Inc.


Base Bid: $162,882.00

Mr. Shriner moved to take the bids under advisement for further review. Mrs. Ross seconded. Passed.

QUOTE OPNEING

Brown Street Sewer Phase 2

This being the time set to open quotes for the Brown Street Sewer Phase 2 Project, the following quotes

were received and opened:

Bowen Engineering


Quote: $12,094,365.00

Mr. Childress moved to take the quotes under advisement for further review. Mrs. Murray seconded.

Passed.

NEW BUSINESS

Engineering

Change Order #1-Columbia Street Parking Garage

Jenny Leshney, Public Works Director, presented to the Board and recommended approval of Change

Order #1 for the Columbia Street Parking Garage Project. The change order is an increase in the amount

of $52,279.50. The change order includes various structural repairs with quantity adjustments. Mr.

Childress moved for approval. Mrs. Ross seconded. Passed.


Mrs. Leshney presented to the Board and recommended approval of Change Order #2 for the Columbia

Street Parking Garage Project. The change order is an increase in the amount of $4,590.00. The change

Board of Public Works and Safety

February 7, 2017

Page 3

order is a change in scope that includes acquiring and installing exterior wall pack light and painting

guard rails. Mrs. Murray moved for approval. Mr. Shriner seconded. Passed.


Mrs. Leshney presented to the Board and recommended approval of Change Order #3 for the Columbia

Street Parking Garage Project. The change order is a decrease in the amount of ($6,250.00). The change

order includes liquidating damages with 25 days over the contract timeframe. Mrs. Ross moved for

approval. Mr. Childress seconded. Passed.

CLAIMS

Mike Jones, Controller, presented for Board approval, Claims in the amount of $6,337,888.53. President

Henriott asked if there were any further questions and there were none. Mrs. Murray moved for approval.

Mr. Shriner seconded. Passed.

Time: 9:09 a.m.

BOARD OF PUBLIC WORKS AND SAFETY

Gary Henriott s/s

President

ATTEST: Mindy Miller s/s

Mindy Miller, 1st Deputy Clerk

Minutes written by Mindy Miller, 1st Deputy Clerk

*A digital audio recording of this meeting is available in the Lafayette City Clerk’s Office.

**A list of all permits issued for the preceding week is available at



_____________________________________________________________________________________________________________________

_____________________________________________________________________________________________________________________ Economic Development Department 515 Columbia Street • Lafayette, Indiana 47901-1412

Marketing & Communications Department Phone 765-807-1090 • FAX 765-807-1099

MEMO

To: Gary Henriott, President Lafayette Board of Works and Public Safety CC: Tony Roswarski, Jacque Chosnek, Jenny Leshney From: Dennis H. Carson, Director Economic Development Department RE: Streetscape Phase V – Mid State General & Mechanical Corporation CO #4/Final

Waiver and Lien and Release of Retainage Date: 2/9/17 Please place the following for BOW approval on the February 14th meeting agenda. Thank you.

Change Order #4 Final – Revised quantities and items (see attached)

Previous contract amount $1,680,950.44

Decrease ($24,856.65)

Revised contract amount: $1,656,093.79

Project close out: Final Waiver of Lien and Release of Retainage

Amount to Release: $73,714.35

740 Sagamore Parkway South Lafayette, IN 47905

GENERAL CONTRACTOR/ CONSTRUCTION MANAGER

(765) 447-2181 ● Fax (765) 447-7122

February 7, 2017 Ms. C. Laufman Lafayette Parks & Recreation Department 1915 Scott Street Lafayette, IN 47904 Re: Lafayette Parks & Recreation Dept. Memorial Island Phase 2 Dear Ms. Laufman: Kettelhut Construction, Inc. is pleased to submit our proposal for the construction phase services listed below pertaining to Phase 2 of Memorial Island located in Columbian Park on an hourly basis plus reimbursable expenses. This proposal is based upon the scope of work defined by Context Design preliminary phasing documents (attached). The Owner will be responsible for preparation of Bid Documents and the receipt of Bid Proposals from the contractors. Our proposal for this project is as follows:

A. Duration: December – October 1, 2017 (Design/Bidding 4 months and Construction 7 months)

B. Services included for construction phase

1. Schedule and conduct meetings to discuss progress, procedure, and scheduling. 2. Monitor prime contractors performance, and recommend courses of action to the Owner

when requirements of the contract are not being fulfilled. 3. Assist owner in monitoring overall project budget. 4. Work with the Architect/Engineer to determine in general that the work of contractors is

being performed in accordance with requirements of Contract Documents including periodic site visits.

5. Assist owner on all additional cost related issues (i.e. change orders) including reviewing Architect/Engineer Proposal Request, reviewing contractor’s quotation, and implementation of revisions to contract.

6. Assist with City Inspections and overall acceptance of facility (Certificate of Occupancy) 7. If the Owner needs additional services to be performed by Kettelhut, the rates in this

letter will be acceptable. 8. The attached City of Lafayette, Indiana – Standard Terms and Conditions – Professional

Service Contracts shall apply to this project

C. Services performed by others during the construction phase

1. Submittal/shop drawing approval 2. Interpret construction documents 3. As-built drawing approvals 4. Final inspections/Punchlist

740 Sagamore Parkway South Lafayette, IN 47905

GENERAL CONTRACTOR/ CONSTRUCTION MANAGER

(765) 447-2181 ● Fax (765) 447-7122

D. Services will be invoiced on monthly basis and charged at the following time and material rates.

1. Project Manager - $99.50 / hour 2. On-Site Manager - $67.00 / hour 3. Office Administration - $48.50 / hour

E. Reimbursables not included in above proposal

1. Travel outside of Lafayette area 2. Printing of documents 3. Monitoring of warranty work

Our proposal for the forementioned work is a T&M not to exceed the sum of twenty thousand, two hundred dollars ($ 20,200.00) plus reimbursable expenses, as long as the services are as outlined. If you find the above scope of work acceptable please sign the attached acknowledgement copy of this letter and return it to our office. We appreciate this opportunity to assist you with your construction needs and offer our continued assistance as you may require. Please contact us at your convenience if you should require any additional information. Sincerely, KETTELHUT CONSTRUCTION, INC. D. Alex Gonzalez Executive Vice President DAG: jas Enclosure ACKNOWLEDGEMENT AND ACCEPTED: By: Date: Title:

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CITY OF LAFAYETTE, INDIANA

STANDARD TERMS AND CONDITIONS

PROFESSIONAL SERVICE CONTRACTS

1. Billing. Services may be billed monthly for the hours and costs expended during that

period.

2. Employment. During the term of the Agreement, the Consultant shall not engage on this

project on a full or part-time basis any professional or technical personnel who are, or have been

at any time during the period of the Agreement, in the employ of the City, except regularly

retired employees.

3. Ownership of Documents. All reports, tables, figures, drawings, specifications, boring

logs, field data, field notes, laboratory test data, calculations, estimated and other documents

prepared by Consultant shall remain the property of the Consultant. The City shall be entitled to

copies or reproducible sets of any of the aforesaid.

4. Insurance. The Consultant shall at its own expense maintain in effect during the term of

the Agreement the following insurance with limits as shown or greater:

A. General Liability (including automobile) – combined single limit of $2,000,000.

The City shall be named as Additional Insured and be given a 30 day notice of cancellation, non-

renewal or significant change of coverage. Consultant’s insurance shall be written on a

“primary” basis and the City’s insurance program shall be in excess of all of Consultant’s

available coverage.

B. Worker’s Compensation – statutory limit. Workers Compensation shall include a

Waiver of Subrogation endorsement in favor of the City.

C. Professional Liability for protection against claims arising out of the performance

of professional services caused by negligent error, omission or act in the amount of $2,000,000.

D. The Consultant shall provide Certificates of Insurances indicating the aforesaid

coverage.

5. Successors and Assigns. Neither the City nor the Consultant shall assign, sublet or

transfer their interest in the Agreement without the written consent of the other.

6. Termination of Agreement. The Agreement may be terminated by either party should

the other party fail to substantially perform in accordance with the terms through no fault of the

other upon fifteen (15) days written notice. The Agreement may be terminated by the City for

convenience upon thirty (30) days written notice to Consultant. In the event of termination, due

to any reason other than the fault of the Consultant, the Consultant shall be paid for services

performed to termination date, including reimbursable.

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7. Dispute Resolution. All claims or disputes of the Consultant and the City arising out of

or relating to the Agreement, or the breach thereof, shall first be submitted to non-binding

mediation. If a claim or dispute is not resolved by mediation, the party making the claim or

alleging a dispute shall have the right to institute any legal or equitable proceedings in the

Tippecanoe Superior or Circuit Court. The prevailing party shall be entitled to recover attorney

fees and costs.

8. Indemnities. Consultant and City each agree to indemnify and hold the other harmless,

and their respective officers, employees, agents and representatives from and against liability for

all claims, losses, damages or expenses caused by the indemnifying party’s negligent acts, errors

or omissions. In the event claims, losses and damages or expenses are caused by the joint or

concurrent negligence of the City and Consultant, they shall be borne by each party in proportion

to its negligence.

9. E-Verify. Consultant must enroll in and verify the work eligibility status of all newly

hired employees of the Consultant through the E-Verify program operated by the United States

Department of Homeland Security. If the E-Verify program ceases to exist, the Consultant will

not be required to verify the work eligibility status of newly hired employees through the E-

Verify program. The Consultant affirms under penalties for perjury that the Consultant does not

knowingly employ an unauthorized alien.

10. Contracting with Iran. Consultant certifies that under penalties of perjury that it does

not engage in investment activities in Iran as more particularly described in Indiana Code 5-22-

16.5.

11. Compliance with Laws. The Consultant specifically agrees that in the performance of

the services herein enumerated by the Consultant or a subcontractor or anyone acting on behalf

of either, that each will comply with all State, Federal and Local Statutes, Ordinances and

Regulations.

12. Changes in Work. In the event that either the City or Consultant determine that a major

change in scope, character or complexity of the work is needed after the work has progressed as

directed by the City, both parties in the exercise of their reasonable judgment shall negotiate the

changes and the Consultant shall not commence the additional work or the change of the scope

of work until a supplemental agreed is executed and the City has provided written notice to the

Consultant to proceed.

13. Delays and Extensions. The Consultant agrees that no change or claim for damages

shall be made by if for any minor delays from any cause whatsoever during the progress of any

portion of the services specified in the Agreement. Any such delays shall be compensated for by

an extension of time for such period as may be determined by the City, subject to the

Consultant’s approval. However, it being understood, that permitting the Consultant to proceed

to complete any services, or any part of them after the date to which the time of completion may

have been extended, shall in no way operate as a waiver on the part of the City or any of its

rights herein.

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14. Standard in Practice. The Consultant will strive to conduct services under the

Agreement in a manner consistent with that level of care and skill ordinarily exercised by

members of the professional currently practicing in the same locality under similar conditions as

of the date of the Agreement.

15. Waiver of Contract Breach. The waiver of one party of any breach of the Agreement

or the failure of one party to enforce at any time, or for any period of time, any provisions hereof,

shall be limited to the particular instances, shall not operate or be deemed to waive any future

breaches of this Agreement and shall not be construed to be a waiver of any provision, except for

that particular instance.

16. Entire Understanding of Agreement. The Agreement represents and incorporated the

entire understanding of the parties hereto, and each party acknowledges that there are no

warranties, representations, covenant or understandings of any kind, matter or description

whatsoever, made by either party to the other except as expressly set forth herein. City and

Consultant hereby agree that any purchase orders, invoices, confirmations, acknowledgments or

other similar documents executed or delivered with respect to the subject matter hereof that

conflict with the terms of the Agreement shall be null, void and without effect to the extend they

conflict with the terms of the Agreement.

17. Non-Discrimination. Pursuant to Indiana and Federal law, the Consultant and the

Consultant’s subcontractors, if any, shall not discriminate against any employee or applicant for

employment, to be employed in the performance of the work under the Agreement, with respect

to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly

related to employment because of race, color, religion, sex, disability, national origin or ancestry.

Breach of this covenant may be regarded as a material breach of the Agreement.

18. Amendments. The Agreement may only be amended, supplemented or modified by

written documents executed in the same manner as the Agreement.

19. Governing Law. The Agreement and all of the terms and provisions shall be interpreted

and construed according to the laws of the State of Indiana. Should any clause, paragraph, or

other part of this Agreement be held or declared to be void or illegal, for any reason, by any

court having competent jurisdiction, all other clause, paragraph or other part of the Agreement,

shall remain in full force and effect.

Feburary 8, 2017- Revised

Ms. Claudine Laufman, Superintendent Lafayette Parks and Recreation 1915 Scott Street Lafayette, Indiana 47901

RE: Memorial Island Phase Two / Construction Documentation and Construction Phase Assistance

Dear Claudine:

Thank you for the opportunity to provide a proposal for Phase Two of Memorial Island. We are grateful to collaborate with your team again! We look forward to continuing the momentum of the Spring 2015 Master Plan and Phase One implementation. The scope and fee below is based upon the Master Plan and Phase One drawings, additional conversations with Alex Gonzales of Kettlehut, and ongoing dialog with you regarding the goals and intent for 2017 improvements. Context has sought proposals for Civil Engineering from TBird, Structural Engineering from Lynch, Harrison and Brumleve and Electrical Engineering from Enverity.

Assumptions

We have made the following assumptions regarding our work on this project.

The project area for Phase Two is identified within Attachment A with Three (3) different Areas.

Design Scope will include all Three (3) Areas and then bidding and construction of Area 2 and 3. We will work with the Lafayette Parks team to identify any Add Alternates from any of the project Areas to be included within the bid package.

All preliminary and final drawings will be developed within a team title block at 24” x 36” format.

Context Design is not responsible for any fees related to permitting, permitting reviews or applications, utility connections, utility services, tap or usage.

Based upon constructability analysis from Phase One, the engineered lagoon seawall for this phase will rely on coconut core and green engineering techniques to stabilize the shore line.

It is assumed that this project will be publicly bid through the Parks Department. In addition, the Parks Department will hire a Client Representative / Project Manager to orchestrate local permits and approvals, manage day-to-day construction activities, and lead reporting of on-site activity. Context and its consultants shall visit the site to review technical compliance with drawings and specifications, evaluate the quality of work, and offer written reports for use by the Client Representative.

It is assumed that no wetland/stream permitting is required in this phase of work.

Scope of Services

Topographic Survey Coordination. The design team shall coordinate with Fisher Surveyors to verify the survey is correctly formatted to be imported seamlessly into Civil 3D and provide any additional infield verification.

Geotechnical Engineering. For the proposed gateway elements, it is critical to understand the physical capacity of existing soils. Our team will collaborate with geotechnical engineers to perform test borings. An engineer’s report will be included to detail the findings and engineering recommendations.

Permitting. All other local permitting processes are assumed to be waived, much like the Phase One implementation. There could be an administrative INDNR permit required, since we are addressing the lagoon’s shore line.

Memorial Island Phase Two – Professional Design Services & Construction Phase Assistance page 2

Construction Documents. Detailed design plans and specifications shall include key plans, layout plans, landscape plans, enlarged plans, materials, construction details, and technical specifications.

Site Design Services. Manage the overall project, layout Gateway Plaza, Pedestrian Promenade and Memorial Plaza to mimic the Master Plan, offer design coordination and oversight, and manage all aesthetic improvements and details.

Structural Engineering. Provide structural design plans, details and technical specifications for the all proposed walls, foundations, reinforcement, pergolas, and gateways.

Civil Engineering. Provide engineered design plans, details and technical specifications for the grading and drainage work and permitting coordination.

Electrical Engineering. Provide engineered design plans, detail and technical specifications for gateway lighting, event power needs and pathway lighting.

Bid Documents. Our team will prepare Phase Two bid documents and coordinate with the Parks Department on City-related bid requirements. The Owner will manage any required public notices and advertisements. Our team will assist during the bid period to answer contractor questions, respond to addendums, review bids and provide a post-bid recommendation to the City of Lafayette.

Phase Two Construction Phase Assistance Assumptions

Context has made the following assumptions regarding our work on this project.

Context anticipates a total of four (4) months of site-related construction efforts starting in July 2017.

Context anticipates construction meetings and day-to-day construction activities will be managed by the Client Representative / Project Manager hired by the Parks Department. Context and its consultants shall engage at key points during construction activities to provide technical expertise relating to quality of work and compliance with bid documents.

Phase One Construction Phase Assistance Scope of Services

Submittals. Context and its consultants shall review all submittals, mock-ups, shop drawings, and RFIs related to their applicable construction documents. For this particular project scope, submittals are key to maintaining quality control and adherence to the structural requirements of the lagoon walls.

Site Reports. Context and its consultants shall observe construction activities to monitor the progress and quality of the work. As previously described, the Client Representative / Project Manager shall manage day-to-day activities and reporting. Field reports and photographs of each visit by Context and its consultants shall be provided to the Client Representative.

Construction Meetings and Site Visits. Context anticipates ten (10) construction site visits.

Closeout. Context shall coordinate and produce a final written punch list and share digital files for the Owner’s records.

Projected Timeline

1. Receive Notice to Proceed, week of February 15th

2. Design Development 90% Review – week of March 20th (5weeks)

3. Construction Document 50% Review – week of April 17th (3 weeks)

4. Construction Document 100% Review – week of May 15th (3 weeks)

5. Bids Released –week of May 30th (3 weeks)

6. Receive bids– week of June 20th

7. Recommendation by June 26th

8. Board of Works Approval July 11th - Construction Begins

9. Assumed November 1st Construction Completion

Memorial Island Phase Two – Professional Design Services & Construction Phase Assistance page 3

Fee Schedule

Professional Fees for the services outlined above shall be provided as described below, plus anticipated reimbursable expenses for typical project related mileage, postage, plotting and reproduction. Professional Design and Engineering Services

Design Development $35,500 Construction Documentation $62,400 Permitting $400 Bidding $2,900 Construction Phase Assistance

Submittals, Technical Review, Construction Meetings, Site Observation Visits $15,900 Total Base Design Services – Phase Two $117,100

Anticipated Reimbursable Expenses

Survey Coordination $3,000 Geotechnical Investigation – Soil Borings and Analysis $5,800 General Expenses (plotting, printing, mailing, travel, etc) $4,200 Total Reimbursable Expenses – Phase Two $13,000

TOTAL FIXED FEE FOR PHASE TWO $130,100

Supplemental Services

In addition to the core services described above, CONTEXT may offer the following Additional Services upon your written request.

Additional Design, Coordination Review, Stakeholder, or Donor Meetings requiring attendance by Context beyond the meetings already listed in the Base Services above.

Off-site Improvements that may be desired to improve pedestrian ways, infrastructure, or other enhancements not otherwise listed within this scope and fee letter.

Rework of Design or Construction Packaging that is beyond the control of Context and its consultants, such as changes in donor involvement or participation, evolution in the project program, added or removed park features, and similar scope modifications not known at the time of this proposal.

Terms of Agreement

We anticipate the attached Standard Terms & Conditions will apply to this project. Should our firm's certification as a Woman-owned Business Enterprise (WBE) be important during contract development, please advise and we will forward for use by the Parks Department and the City of Lafayette. Please forward a notice of acceptance of this proposal to begin our task order development and scheduling of work. We look forward to working with you again! Respectfully,

CONTEXT, LLC

Alyssa P. Prazeau, PLA, ASLA, CLARB Managing Partner ATTACHMENTS: Attachment A – Project Area Attachment – Standard Conditions

Attachment A - Project Area

Arrival Court and Event Plaza

Reservoir

Connection to Park

Connection to Park

Memorial Plaza and Event Lawn

Memorial Garden

Memorial Island

Event Lawn

Boardwalk

South Lagoon

North Lagoon

Event ParkingScott S

treet

Boar

dwalk

Event Seating

and Shade

Existing Stage

Special Event Space

Rush Pavilion

ParksAdmin.

Building

Pedestrian Promenade

New Entrance

AREA 1

AREA 2

AREA 3

STANDARD TERMS AND CONDITIONS form an integral part of the Agreement for the referenced Project; MEMORIAL ISLAND PHASE TWO for the Lafayette Parks and Recreation Department in Lafayette, Indiana. CONTEXT, LLC Landscape Architecture 1. INSURANCE: The Consultant shall at its own expense maintain in effect during the term of the Agreement the following insurance with limits as shown or greater:

A. General Liability (including automobile) – combined single limit of $2,000,000. The City shall be named as Additional Insured and be given a 30 day notice of cancellation, non-renewal or significant change of coverage. Consultant’s insurance shall be written on a “primary” basis and the City’s insurance program shall be in excess of all of Consultant’s available coverage. Consultant may utilize umbrella coverage to satisfy City’s Requirements.

B. Worker’s Compensation – statutory limit. Workers Compensation shall include a Waiver of Subrogation endorsement in favor of the City.

C. Professional Liability for protection against claims arising out of the performance of professional services caused by negligent error, omission or act in the amount of $2,000,000.

D. The Consultant shall provide Certificates of Insurances indicating the aforesaid coverage.

2. PAYMENT TO THE CONSULTANT: If the Client fails to make monthly payments due the Consultant, the Consultant may, after giving seven days written notice to the Client, suspend services under this Agreement and retain all work products deliverable to the Client until full payment. The project completion date shall be automatically extended by the number of days services are suspended. No deductions shall be made from the Consultant’s compensation on account of penalty, liquidated damages or other sums withheld from payment(s) to Contractors or based on Contractors performance. 3. OPINION OF CONSTRUCTION COSTS: Any opinion of construction cost prepared by the Consultant represents his judgment as a design professional and is supplied for the general guidance of the Client. Since the Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, the Consultant does not guarantee the accuracy of such opinions as compared to Contractor bids or actual cost to the Client. 4. OWNERSHIP OF DOCUMENTS: It is understood by and between the parties to this Agreement that all Drawings, Specifications and other work or products of the Consultant for this Project shall remain the property of the Consultant and are instruments of service for this Project only and shall apply to this particular Project only. Any reuse of the instruments of service of the Consultant by the Client for any extensions of the Project or for any other project without the written permission of the Consultant shall be prohibited. 5. REIMBURSABLE EXPENSES: Reimbursable expenses include actual expenditures made by the Consultant, his employees or his sub-consultants on behalf of the project. Reimbursable expenses include, but are not necessarily limited to, the following: (a) expenses of transportation and living when traveling in connection with a project; long distance telephone calls; overnight or express mail; photographic development and supplies; couriers and fees

paid for testing and/or for securing approval of authorities having jurisdiction over this Project; (b) expenses of printing, reproduction, postage and handling of drawings and specifications; (c) expenses related to sub-consultants and specialists when authorized by the Client. Mileage shall be billed at the federal standard rate determined by the IRS. All reimbursable expenses shall be billed as a multiple of 1.1 times the cost incurred by the Consultant.

In-house plotting, printing and reproduction will be billed as follows: Drawing Plots 18 x 24 bond $1.00 24 x 36 bond $1.50 30 x 42 bond $2.25 36 x 48 bond $3.00

Color Prints 8.5 x 11 bond $0.75 11 x 17 bond $1.25 6. CONSTRUCTION PHASE SERVICES: Should the Client authorize construction installation based on the plans provided under this Agreement without project observation, review of Contractor’s performance, and/or construction phase services by the Consultant, the Client assumes all responsibility for interpretation of these documents and for construction observation, and waives any claims against the Consultant that may be in any way connected thereto. 7. EXISTING AND HIDDEN CONDITIONS: A condition is hidden if existing finishes or features conceal it or if it cannot be investigated by reasonable visual observation. If the Consultant has reason to believe that such a condition may exist, the Consultant will notify the Client, who shall then authorize and pay for all costs associated with the investigation of such condition and, if necessary, all costs necessary to correct said condition. 8. DISPUTE RESOLUTION: All claims, counterclaims, disputes and other matters in question between the parties hereto arising out of or relating to this Agreement, or breach thereof, shall be presented to non-binding mediation, subject to the parties agreeing on a mediator. 9. CHANGES IN SCOPE OF SERVICES: In the event the scope of work as described in this Agreement changes to a degree that will alter the fee, the Client shall be notified in writing and a revised fee will be documented and a completion time and compensation amount will be submitted for approval. For services not included in this Agreement, Additional Compensation shall be computed using the following hourly rates:

Principal $135.00/hour Project Landscape Architect $125.00/hour

Designer $115.00/hour Draftsperson/Intern $90.00/hour Administrative Support $70.00/hour Rates indicated are in effect through December 31, 2017, after which time they will increase in relationship to salary increases.

Standard Terms and Conditions page 2 CONTEXT, P.C. 10. Indemnities. Consultant and City each agree to indemnify and hold the other harmless, and their respective officers, employees, agents and representatives from and against liability for all claims, losses, damages or expenses caused by the indemnifying party’s negligent acts, errors or omissions. In the event claims, losses and damages or expenses are caused by the joint or concurrent negligence of the City and Consultant, they shall be borne by each party in proportion to its negligence. 11. E-Verify. Consultant must enroll in and verify the work eligibility status of all newly hired employees of the Consultant through the E-Verify program operated by the United States Department of Homeland Security. If the E-Verify program ceases to exist, the Consultant will not be required to verify the work eligibility status of newly hired employees through the E-Verify program. The Consultant affirms under penalties for perjury that the Consultant does not knowingly employ an unauthorized alien. 12. Contracting with Iran. Consultant certifies that under penalties of perjury that it does not engage in investment activities in Iran as more particularly described in Indiana Code 5-22-16.5.

Memorandum

To: Board of Public Works & Safety From: Rick Morrissey, Purchasing Manager Date: February 9, 2017 Subject: Declaration of Worthless Property The Information Technology Department is requesting the following items be declared surplus property:

Brand Model Serial Qty

Toshiba CTX100 27257 1




















Toshiba Handsets xxxxxx 375

Apple MacBook SW8841LJ11AX Apple MacBook W8841N8U1AX Dell Monitor GRNWX7287023F0VTI Dell PC 4VYLBD1

Acer Monitor CN-0KU789-71618-76G-CDSR APC UPS AB024424558 Dell Monitor CN-0CC280-71618-622-ALUX

Dell PC 3Z1WRW1 Dell Monitor CN-0FP04F-72872-2C3-ARFM

APC UPS 4B1336P50694

Dell PC 74PCK1 Citrix Netscaler 0DJ6022K40 Dell PC 2J6VDP1 Dell Monitor CN0GRNWX7287203F0PVI Canon Printer 500069153 HP Printer UND3F62087 Dell PC HMTBRL1 Dell Monitor CN-0GRNWX-72872-03F-0MGI

Dell PC 84Q4CK1

Dell Monitor CN-0C730C-71623-884-7295 Cisco Power Supply PHI1612003R

Cisco Access Point FTX1428P033 Sony Camera 5453ED685DCF First Data Credit card reader LT0000249279 Cisco LTE Router FTX180982LR Cisco LTE Router FTX180982LY Bell & Howell Scanner P13 20300006 Cisco LTE Router FTX180982L3 Cisco LTE Router FTX180982L8 Cisco LTE Router FTX180982KW HP Laser Printer USJN44149 HP iPaq 3CC85102VG

HP iPaq 3CC85102WS

HP iPaq 3CC85102VX Nobilis PC 1314105

Nobilis PC 1314106

Nobilis PC 1314107

Nobilis PC 1314108

Nobilis PC V2228AY1DC00002



Pentax Printer 051010931

Pentax Printer 051005571 RCA TV 144517613

Phillips TV

This property is outdated, out of service and has served its useful life. Once declared surplus property, these items will be sold to a telecomm reseller with some items recycled with Oscar Winski. A motion has been made and seconded to declare the aforementioned city-owned items as surplus property. All as approved this 14th day of February, 2017 by the Board of Public Works & Safety. Gary Henriott, President Cindy Murray, Member Dawn Ross, Member Norm Childress, Member

______________________________ Ron Shriner, Member

ATTEST: ______________________________________ Mindy Miller, First Deputy Clerk Date