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HomeMy WebLinkAboutHWC Engineering/ENG/Addl Serv 1/30500/small structure InventoryHWC Engineering Engineering Department - 2015 Appropriation #250- 4350900; P.O. #32920 Contract Not To Exceed $30,500.00 AGREEMENT FOR PURCHASE OF GOODS AND SERVICES THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ( "Agreement ") is hereby entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ( "City "), and HWC Engineering an entity duly authorized to do business in the State of Indiana ( "Vendor"). TERMS AND CONDITIONS 1. ACKNOWLEDGMENT, ACCEPTANCE: Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of same constitutes its acceptance of all of the Agreement's terms and conditions. 2. PERFORMANCE: City agrees to purchase the goods and /or services (the "Goods and Services ") from Vendor using City budget appropriation number 250 - 4350900 funds. Vendor agrees to provide the Goods and Services and to otherwise perform the requirements of this Agreement by applying at all times the highest technical and industry standards. 3. PRICE AND PAYMENT TERMS: 3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder shall be no more than Thirty Thousand Five Hundred Dollars ($30,500.00) (the "Estimate "). Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services provided to City within such time period. City shall pay Vendor for such Goods and Services within sixty (60) days after the date of City's receipt of Vendor's invoice detailing same, so long as and to the extent such Goods and Services are not disputed, are in conformance with the specifications set forth in Exhibit A, are submitted on an invoice that contains the information contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of this Agreement. 3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has previously agreed, in writing, to pay an amount in excess thereof. 4. WARRANTY: Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those certain specifications, descriptions and /or quotations regarding same as were provided to Vendor by City and /or by Vendor to and accepted by City, all of which documents are incorporated herein by reference, and that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect. Vendor acknowledges that it knows of City's intended use and expressly warrants that the Goods and Services provided to City pursuant to this Agreement have been selected by Vendor based upon City's stated use and are fit and sufficient for their particular purpose. ]S:`ConiracisProf.Svcs & Goods S vcs\ Engineering\2015\ WC Engineering ASA 1 Goods St Services.doc:4 /27 /2015 12:26 PM] HWC Engineering Engineering Department - 2015 Appropriation #250- 4350900; P.O. #32920 Contract Not To Exceed $30,500.00 5. TIME AND PERFORMANCE: This Agreement shall become effective as of the last date on which a party hereto executes same ( "Effective Date "), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the essence of this Agreement. 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein; (c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into 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 (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and /or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers' compensation, occupational disease and /or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and /or damages to any person or property arising from or in connection with Vendor's provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property. Vendor .further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and /or of any of Vendor's agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. ISAContractswrof.Sccs & Gads Sves\Engin ring\2015\EIWC Engineering ASA 1 Crrxds dk Serviccs.doc:4 /17/1015 1226 PMI 2 HWC Engineering Engineering Department - 2015 Appropriation #250- 4350900; P.O. #32920 Contract Not To Exceed $30,500.00 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and /or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and /or Vietnam era veteran status. 12. E- VERIFY Pursuant to I.C. § 22 -5 -1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the "Indiana E- Verify Law "), Vendor is required to enroll in and verify the work eligibility status of its newly -hired employees using the E- Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E- verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E- Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E- Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E- Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E- Verify Law. The requirements of this paragraph shall not apply should the E- Verify program cease to exist. 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 14. NON- ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City's prior written consent. 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement. ISAComnnsU4of.Sscs & Goods Svcs\ Enginccring•LOI5\IWC Enginccring ASA 1 Goods & Senices.(loc 4/27 /2015 12: ?6 PM) HWC Engineering Engineering Department - 2015 Appropriation #250- 4350900; P.O. #32920 Contract Not To Exceed $30,500.00 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a.lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any 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. 17. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 18. NOTICE: Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND Douglas C. Haney, City Attorney One Civic Square Department of Law Carmel, Indiana 46032 One Civic Square Carmel, Indiana 46032 If to Vendor: Randy Hancock HWC Engineering 151 North Delaware Street, Suite 800 Indianapolis, Indiana 46204 (317)347 -3663 Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 19. TERMINATION: 19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and /or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate. IS:YConnacisLPrd.S . es St fiwlc Sv'cc \n_•inming\2015W WC Enginming ASA 1 Goods k Ser.ices.doe:4 /27/2015 12:26 PMT 4 HWC Engineering Engineering Department - 2015 Appropriation #250- 4350900; P.O. #32920 Contract Not To Exceed $30,500.00 20. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 21. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and 'services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor's time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City's authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 22. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 20_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. 23. HEADINGS All heading 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. 24. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 25. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 26. IRAN CERTIFICATION: Pursuant to I.C. § 5 -22 -16.5, the Vendor shall certify that, in signing this document, it does not engage in investment activities within the Country of Iran. 27. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 28. ENTIRE AGREEMENT: This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement or in any document referenced herein conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. ISAComracisNrof.Svcs ffi C dS SvcS,Eneineering\2015WWC Engineering ASA I G o o d Scrviccs.doc:4 /27/2015 12:26 PM] 5 HWC Engineering Engineering Department - 2015 Appropriation #2504350900; P.O. #32920 Contract Not To Exceed $30,500.00 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety By: Lori S. Wation, Date: 5 /ate /i ATTEST: iana Cordray, IA , OJe •Treasurer Date: ( SCarasmVTdS .ot fads S.tanyon.igl311 fV M`t.' G,..nq ASA 1 Cana A Sets m6.c127 /]7131YM MI 6 HWC Engineering By: it%/6 Authorized Signature L 0wit tt 4 TI 101-1,1 Fd= >L Printed Name ft% eci pl. 4 -r Title FIDIT1N: 3 17 g 63 qr. Last Four of SSN if Sole Proprietor. Date: Johnson, Sandy M From: Kashman, Jeremy M Sent: Thursday, May 14, 2015 11:40 PM To: Johnson, Sandy M Cc: Sheeks, Cindy L; Sharp, Rick Subject: Re: HWC Engineering Sandy, Yes, the Storm Water Board approved these contracts at our meeting last week. Thanks, Jeremy Kashman, PE City Engineer On May 14, 2015, at 8:02 AM, Johnson, Sandy M <SMJohnson @carmel.in.gov> wrote: I have two contracts for the BPW meeting on May 20, for approximately $260,000 coming out of the Stormwater Fund — has the board approved these contracts? Sandy Johnson Asset Manager One Civic Square Carmel, IN 46032 317 571 -2628 1 HWC ENGINEERING April 10, 2015 City of Carmel Attn: Jeremy Kashman, P.E., City Engineer One Civic Square Carmel, IN 46032 Confidence in the built environment. 151 N. Delaware, Suite 800 Indianapolis, Indiana 46204 www.hwcengineering.com RE: Small Structure Inventory, Task 3 Dear Jeremy, HWC Engineering (HWC) proposes to provide the City of Carmel Engineering Department with the following services related to the small structure inventory: Task 3A: HWC will provide an annual update to the small structure inventory. This work will include an on -site evaluation of all small structures that were repaired, replaced or newly constructed in the preceding 12 months, including obtaining invert elevations and photos. This data will be provided to the City for uploading into the GIS system. This work will commence November 1st of each year and the inventory update will be completed prior to December 1St Task 3B: HWC will review the most current structure inventory and provide a recommendation to the Engineering Staff for the three (3) most deficient small structures. This work will begin upon completion of the small structure inventory (Task 3A) and will be completed by no later than December 31St of each year. Task 3C: Upon completion of Task 3B, and receiving concurrence from the Engineering Staff on the recommendations, HWC will prepare Engineering Reports for each structure. These reports will include the following information: 1. Data on existing utilities, adjacent property owners, existing plans (if available), traffic data and /or crash data and any other information required to assess the replacement/repair of the specific culvert/small structure. 2. Conduct an onsite field check. This field check will include City Engineering staff, representatives from the Indianapolis MPO (if federal funding is to be utilized), Hamilton County Drainage Board representative (if required) and HWC. The project scope will be defined and the most economical repairs identified. Maintenance of traffic options will be evaluated at this time. To make this as efficient as possible, we anticipate conducting these assessments over a one to two day timeframe. 3. Preliminary hydraulic sizing /analysis of the structure. 4. It is assumed that all projects will be locally funded. If federal funding is determined to be appropriate for a specific structure, an additional fee may be required to determine the level of Categorical Exclusion that would be required for that specific project. 5. An overall project cost estimate. This summary will include Preliminary Engineering, Right of Way, Utility Relocation, Construction Costs and Inspection fees. This work (Task 3C) will begin upon completion of Task 3B and the reports will be completed by no later than the end of February each year. Indianapolis EXHIBIT Terre Haute I Lafayette 1 Scottsburg Noblesville www.hwcengineering.com �orZ Task 3D: Upon a directive from the Engineering Staff, HWC will prepare design plans for the replacement of individual small structures. Fees and completion schedules for this work will be negotiated on an individual basis. We propose to provide the services listed under Task 3A & 3B for a lump sum fee of $5,000 per year (this includes all work specified in Task 3A & 3B -noted above). The fee associated with Task 3C will be provided for a fee of $8,500 per report (3 reports at $8,500 each). The total Not to Exceed for Tasks 3A, 3B and 3C will be $30,500. Please let me know if you have any questions or need additional information. We appreciate this opportunity to continue to work with the City on this project and are prepared to start work on these tasks immediately upon receipt of a notice to proceed. Very truly yours, Randy Hancock, P.E. Director, Transportation Engineering Cc: Kate Lustig EXHIBIT A 2 oFZ April 23, 2015 Mr. Edward Jolliffe HWC Engineering 151 North Delaware Street, Suite 800 Indianapolis, IN 46204 ju ©u 0 0 0. u�Uh 000 0©B 1 1 �l CITY O ARMEL JAMES BRAINARD, MAYOR RE: Additional Service Amendment #1, P.O. #32920 Dear Mr. Jolliffe: As we discussed, the City of Carmel has a need for additional professional services and pursuant to our current contract with HWC Engineering, Contract #04.15.15.01 dated April 15, 2015, I have requested and received from you the proposed scope of services and fee estimates for the following work task: Additional Service Amendment #1— Small Structure Task Inventory, Task 3 Not to Exceed: $30,500.00 Per our contract procedural requirements, I hereby approve these Additional Professional Services estimates, and request that the Board of Public Works ratify the above referenced Contract Amendment. PLEASE NOTE Please be advised that "Additional Services" performed on City contracts must be billed separately from the original contract and other additional services. More importantly, the invoice must reference the appropriate Additional Service # and P.O. # shown above. Invoices received without the Additional Service # referenced will be returned for proper identification. Thank you for your continued assistance in providing the City of Cannel with your professional, quality services. If you should have any questions, please give me a call. Sincerely, J - my ' ashman, P.E. City Engineer Rev wed and approved by: r . C. Eng ing Director of Administration DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL engineeringacarmel.in.gov City fC r e ONE CIVIC SQUARE CARMEL, INDIANA 46032 -2584 =ORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35- 60000972 PAUE PURCHASE ORDER NUMBER 32820 THIS NUMBER MUST APPEAR ON INVOICES, A VOUCHER, DELIVERY MEMO, PACKING SLIP SHIPPING LABELS AND ANY CORRESPONDENC RCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 412 -3115 VENDOR H WC E,- ,��,. -, E� eri •' 1SI N. Dc:1Giwcx: "e srtet SL to 900 o1' t.! '41Is,2U4 SHIP De p1 c - Er'J"1eex-ins TO ;ONFIRMATION BLANKET CONTRACT PAYMENT TERMS FREIGHT QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Send Invoice To: Er,J,r�eer+`� PLEASE INVOICE IN DUPLICATE coy-or-act Da-e: 41 15 ) 15 5ry-) c.ta k Sfi'� � TaAk3 1 riv �r-rt•Clr' I 0C I�1�E v 4t 3c', 500— _5 -'}350q 00 DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS • SHIP REPAID. • C.O.D. SHIPMENTS CANNOT BE ACCEPTED. • PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABELS. • THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY TITLE CLERK - TREASURER nnr.i IMF NT G:6')NTRAI Nn ``) C) 01(1 VENDOR COPY PAYMENT • A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. • I HEREBY CERTI THAT THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPR)pTJQNc$f l'ICIENT TO PAY OR THE ABOVE ORDER., Ar,