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HomeMy WebLinkAbout306073 12/12/16 9, ) CITY OF CARMEL, INDIANA VENDOR: 371213 ONE CIVIC SQUARE KIESER CONSULTING GROUP LLC CHECK AMOUNT: $****51,500.00* CARMEL, INDIANA 46032 9120 OTIS AVENUE SUITE 103 CHECK NUMBER: 306073 INDIANAPOLIS IN 46216 CHECK DATE: 12/12/16 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1701 4340400 34526 1585 51,500.00 CITY PHYSICAL INVENTO VOUCHER NO. WARRANT NO. ALLOWED 20 IN SUM OF $ /03 /Af $� ON ACCOUNT OF APPROPRIATION FOR Board Members PO#or INVOICE NO. ACCT#/TITLE AMOUNT I hereby certify that the attached invoice(s), DEPT.# —�5 gwttob 5/,5,�70 or bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except Op 20 /G ig4tuLe 7 Ti e Cost distribution ledger classification if claim paid motor vehicle highway fund Kieser Consulting Group, LLC. CiEi 9120 Otis Avenue, Suite 103 Lawrence, IN 46216 �' OtioL Invoice M 1585 Invoice Date: 12/1/2016 Due Date: 12/1/2016 Bill To: Project: 2016-036 Car... The Honorable Christine Pauley P.O. Number: Clerk, Treasurer One Civic Square Carmel, Indiana 46032 Description Hours/Qty Rate Amount Contract: 2016-036 51,500.00 51,500.00 Fixed Capital Assets Inventory Report: setting up spreadsheets by department, and inputting data by department, Conducting an on-site physical asset inspection by department. This was completed through field analysis and a verification process. Total $51,500.00 i Payments/Credits $0.00 z- .�C , Balance Due $51,500.00 I.A ®f � �� INDIANA RETAIL TAX EXEMPT PAGE � CERTIFICATE NO.003120155 002 0 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 3 35-60000972 ONE CIVIC SQUARE THIS NUMBER MUST APV, NG ES,A/P CARMEL,INDIANA 46032-2584 VOUCHER, DELIVERY MSUPS, )RM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL-1997 SHIPPING LABELS AND ACE. CHASE ORDER DATE DATE REQUREQUISITION-NO. VENDOR NO. DESCRIPTION IRED 37/Z L. Aj e s /V NDOR �1/Zo G/'/s Av�i✓t�e' SHIP ot,E' C�v/C sf Ant TO C cL in/ efta.i6 'IRMA-HON BLANKET CONTRACT PAYMENT TERMS FREIGHT QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION .I 1. �,, 1 - �/TY/r^ `�C'a�tR•+ .\ • m n ° '4. qnd Invoice To: SO jo DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT 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. SHIPPING INSTRUCTIONS I HEREBY CERTIFY THkT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRI SUFFICIENT TO PAY FOR THE ABOVE ORDER. SHIP REPAID. C.O.D.SHIPMENTS CANNOT BE ACCEPTED. ORDERED BY PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABELS. T THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS 1945 TITLE �^ AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. CLERK-TREASURER,.-'. ra ra�.s ee-s•r ra oa urwva� sera r)r z - KIESER CONSULTING GROUP, LLC Planning. Enviro11 rental Studies. Gray. Water Qiudity October 24, 2016 The Honorable Christine S. Pauley, Clerk-Treasurer City of Carmel One Civic Square Carmel, IN 46032 Re: Letter of Proposal Capital Fixed Assets Physical inventory Field Verit<cation Carmel, Indiana Dear Clerk-Treasurer Pauley: This Letter of Proposal sets forth the terms and conditions whereby Kieser Consulting Group, LLC, will provide professional services to the City of Carmel for the purpose of conducting a physical inventory and field verification by Department of all known fixed assets for the City of Carmel. This is a part of the updating fixed capital assets with regard to all departments and entities of which the City of Carmel holds assets for the purpose of complying with the requirements of the Indiana State Board of Accounts and Governmental Accounting Standards Board (GASB) Statement No. 34. Only fixed capital assets of JEL200 or more will be included in this physical inventory. A. SCOPE OF SERVICES Kieser Consulting Group, LLC, will provide the following professional services: 1. Coordinate process with the Clerk-Treasurer's Office designated liaison. 2. Meet with City of Carmel Clerk-Treasurer's Office regarding project elements. 3. Conduct a physical asset inspection through a field verification process, by Department. 4. Include the field data and verify all data in the Fixed Assets Inventory. 5. Meet with City of Carmel Clerk-Treasurer's staff on a bi-weekly basis to discuss project progress and issues. 6. Complete the General Fixed Asset Account Form for each of the fixed asset categories. 9120 Otis Avenue • Lawrence IN 46216 • Office: (317) 545-5901 • Fax: (317) 545-4984 -- KIESER CONSULTING GROUP, LLC -a t Planning. Emvirow nental Studies. Gnrrits. Water Quality, B. SCHEDULE OF SERVICES Kieser Consulting, LLC, will complete all services identified in this Letter of Agreement no later than December 31, 2016. However, if Engineer requires additional time to complete the services set forth in this Agreement, through no fault of the Engineer, Owner shall grant Engineer an extension of no more than 60 days, upon written notice by Engineer to Owner. C. FEES FOR SERVICES In consideration of the professional services and products provided, the fee shall be a lump sum not to exceed $44,500. Any additional services beyond the scope of our services will be based on our hourly rates per agreement. Kieser Consulting, LLC will submit invoices monthly to the to the City of Carmel and shall be paid within thirty (30) days of the date of the invoice. D. CLIENT RESPONSIBILITIES The City shall have the following responsibilities: 1. Provide pertinent updated fixed capital asset data to the Consultant as required. 2. Access to all City of Carmel Physical Assets. If you have any questions, please contact us at 317-545-5901. Sincerely, KIESER CONSULTING GROUP, LLC David L. Kieser Principal 9120 Otis Avenue • Lawrence IN 46216 • Office: (317) 545-5901 • Fax: (317) 545-4984 SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of the last date on which a party hereto executes same("Effective Date")between: City of Carmel,Indiana Clerk-Treasurer's Office ("Owner") and Kieser Consulting Group,LLC ("Engineer"). Owner's Project,of which Engineer's services under this Agreement are a part,is generally identified as follows: Preparation, Valuation and Updating of the Fixed Capital Assets List for the City of Carmel. _("Project"). I Engineer's Services under this Agreement are generally identified as follows: i Please see Exhibit"A" Letter ofProposal. 1 Owner and Engineer further agree as follows: j i 1.01 Basic Agreement and Period of Service A. Engineer shall provide, or cause to be provided, the services set forth in this Agreement. If authorized by Owner, or if required because of changes in the Project, Engineer shall furnish services in addition to those set forth above. Owner shall pay Engineer for its services as set forth in Paragraphs 7.01 and 7.02. B. Engineer shall complete the identification and validation for material capital assets not later than October 14,2016. However,if Engineer requires additional time to complete the services set for in this Agreement,through no fault of the Engineer,Owner shall grant Engineer an extension of no more than 60 days,upon written notice by Engineer to Owner. A material capital asset is defined as a capital asset with a value greater than$5,000. 2.01 Payment Procedures A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. Invoices are due and payable within 35 days of Page 1 receipt. If Owner fails to make any payment due Engineer for services and expenses within 35 days after receipt of Engineer's invoice, then the amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirty-fifth day. In addition, Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until Engineer has been paid in full all amounts due for services, expenses, and other related charges. Owner waives any and all claims against Engineer for any such suspension. Payments will be credited fust to interest and then to principal. 3.01 Tet,mination A. The obligation to continue performance under this Agreement may be terminated: 1. For cause, a. By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement's terms through no fault of the terminating party. Failure to pay Engineer for its services is a substantial failure to perform and a basis for termination. I b. By Engineer: 1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional;or i 2) upon seven days written notice if the Engineer's services for the Project are delayed for more than 90 days for reasons beyond Engineer's control. Engineer shall have no liability to Owner on account of a termination by Engineer under Paragraph 3.0LA,Lb. i c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.01.A.l.a if the party receiving such notice begins, within seven days of receipt of such notice,to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period,and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same,then the cure period provided for herein shall extend up to,but in no case more than,60 days after the date of receipt of the notice. 2. For convenience,by Owner effective upon Engineer's receipt of written notice from Owner. B. The terminating party under Paragraph 3.01.A may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. Page 2 C. In the event of any termination under Paragraph 3.01, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all reimbursable expenses incurred through the effective date of termination. 4.01 Successors,Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer(and to the extent perniitted by Paragraph 4.013 the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party,in respect of all covenants,agreements,and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest(including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law.Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor Rom any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 5.01 General Considerations I i A. The standard of care for all professional engineering and related sei vices performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, tinder this Agreement or otherwise, in connection with Engineer's services. Subject to the foregoing standard of care, Engineer and its consultants may use or rely upon design elements and information ordinarily or customarily fitmished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. B. This Agreement is to be governed by the laws of the State of Indiana. f i C. All documents prepared or fbi-nished by Engineer are instruments of service, and Engineer retains an ownership and property interest (including the copyright and the right of reuse) in such documents,whether or not the Project is completed. Owner shall have a limited license to use the doctunents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment for all services relating to preparation of the documents and subject to the following limitations: (1)Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Engineer,or for use or reuse Pnge 3 by Owner or others on extensions of the Project, on any other project, or for any other use or purpose,without written verification or adaptation by Engineer; (2)any such use or reuse, or any modification of the documents,without written verification,completion,or adaptation by Engineer, as appropriate for the specific purpose intended,will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and consultants; (3)Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and consultants fiom all claims, damages, losses, and expenses, including attorneys' fees,arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by Engineer; and (4)such limited license to Owner shall not create any rights in third parties: D. To the fullest extent permitted by law, Owner and Engineer waive against each other, and the other's employees,officers, directors, agents, insurers,partners, and consultants,any and all claims for or entitlement to special, incidental, indirect, or consequential dainages arising out of,resulting fiom,or in any way related to the Project. E. The parties acknowledge that Engineer's scope of services does not include any services related to a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous substances or waste as defined by the Comprehensive Environmental Response,Compensation and Liability Act, 42 U.S.C. §§9601 et seq., or radioactive materials). If Engineer or any other party encounters a Hazardous Environmental Condition,Engineer may,at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until Owner: (1)retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and(2)warrants that the Site is in full compliance with applicable Laws and Regulations. i F. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. If mediation is unsuccessful,then the parties may exercise their rights at law. G. Nondiscrimination: Engineer represents and warrants that it and all of its officers, employees, agents, contractors aid subcontractors shall comply with all laws of the United States,the State of Indiana and Owner prohibiting discrimination against any employee, applicant for employment or I other person in the provision of any Services provided by this Agreement with respect to their hue, 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. H. E-Verify: Pursuant to I.C. § 22-5-1.7 et seq., as the sante 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-hued employees using the E-Verify program, and to execute the Affidavit attached herein as Exhibit B,affn-ming that it is enrolled and participating in the E-verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Engineer shall provide Owner with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Engineer subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Page 4 Indiana E-Verify Law as regards each such subcontractor. Should the Engineer or any subcontractor violate the Indiana E-Verify law, Owner 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. I. Iran Certification: Pursuant to I.C. § 5-22-16.5, Engineer shall certify that, in signing this document,it does not engage in investment activities within the County of Iran. 6.01 Total Agreement A. This Agreement (including any expressly incorporated attachments), constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. 7.01 Basis of Payment—Lump Sum A. Using the procedures set forth in Paragraph 2.0 1,Owner shall pay Engineer as follows: 1. 1. A Lump Sum amount not to exceed$ 47,500.00 7.02 Additional Services: For additional services of Engineer's employees engaged directly on the Project over the amount of$47,500, the Owner and Engineer shall execute an additional services amendment. Owner shall pay Engineer an amount equal to the cumulative hours charged to the Project by each class of Engineer's employee's times standard hourly rates for each applicable billing class; plus reimbursable expenses and Engineer's consultants' charges, if any. Engineer's standard hourly rates are attached as Appendix 1. j Page 5 Attachments: Appendix 1,Engineer's Standard Hourly Rates,Appendix 2,E-Verify Affidavit IN WITNESS WHEREOF,the parties hereto have executed this Agreement,the Effective Date of which is indicated on page 1. OWNER: 9 ENGINEER: By: By: David L.Kieser Title ayor, City of Carmel Title: Principal/Owner Date Signed- 2 Date Signed: r— - 7 Zo/ r Engineer License or Firm's Certificate B �� Number: N/A ltle 'C7erk-Ti-ea urer. City of Carm State of: Indiana Date Signed: / 7— Address for giving notices: One Civic Square 9120 Otis Avenue,Suite 103 Carmel,Indiana 46032 Lawrence,Indiana 46216 i Page 6 EJCDC - ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE This is Appendix 1, Engineer's Standard Hourly Rates, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services dated September 7, 2016. Engineer's Standard Hourly Rates A. Standard Hourly Rates: 1. Standard Hourly Rates are set forth in this Appendix 1 and include salaries and wages paid to personnel in each billing class phis the cost of customary and statutory benefits, general and administrative overhead, non-project operating costs,and operating margin or profit. 2. The Standard Hourly Rates apply only as specified in Paragraph 7.02, and i are subject to annual review and adjustment. i B. Schedule of Hourly Rates: Hourly rates for services performed on or atter the Effective Date are: Billing Class VIII $ . 185 /hour Billing Class VII 125 /hour Billing Class VI 95 /hour Billing Class V /hour Billing Class IV /hour Billing Class III /hour Billing Class II /hour Billing Class I /hour Support Staff 75 /hour I KIESER CONSULTING GROUP, LLC Planning. Environmental Studies. Gnints. Water Quality September 7, 2016 The Honorable Christine S. Pauley, Clerk-Treasurer City of Carmel One Civic Square Carmel, IN 46032 Re: Letter of Proposal Capital Fixed Assets Inventory Update Carmel,Indiana Dear Clerk-Treasurer Pauley: This Letter of Proposal sets forth the terms and conditions whereby Kieser Consulting Group, LLC, will provide professional services to the City of Carmel for the purpose of updating fixed capital assets with regard to all departments and entities of which the City of Carmel holds assets for the purpose of complying with the requirements of the Indiana State Board of Accounts and Governmental Accounting Standards Board (GASB) Statement No. 34. Only fixed capital assets of JLq00 or more will be included in this inventory. A. SCOPE OF SERVICES Kieser Consulting Group, LLC,will provide the following professional services: 1. Coordinate process with the Clerk-Treasurer's Office designated liaison. 2. Meet with City of Carmel Clerk-Treasurer's Office regarding project elements. 3. Collect updated information on fixed capital assets with regard to all departments and entities of which the City of Carmel holds assets. 4. Calculate approximate lengths of infrastructure assets pursuant to GASB and GAAP requirements. 5. Estimate historic and current costs for fixed assets. 6. Estimate accumulated depreciation value of infrastructure assets based on the straight line depreciation method. 7. Meet with City of Carmel Clerk-Treasurer's staff on a bi-weekly basis to discuss project progress and issues. 8. Complete the General Fixed Asset Account Form for each of the fixed asset categories. 9120 Oris Avenue a Lawrence IN 46216 a Office: (317) 545-5901 a Fax: (317) 545-4984 -- KIESER CONSULTING GROUP, LLC Planning. Envirownental Studies. Go-ants. Water Quality 9. Prepare an initial draft report to discuss our findings with the City of Carmel. 10.Provide the City with one (1) hard copy of the final draft report and two (2) electronic devices. 11.Conduct training sessions, as needed, with regard to the capital asset data base management process. 12.Assist the City with questions that may arise as a part of this process. B. SCHEDULE OF SERVICES Kieser Consulting, LLC, will complete all services identified in this Letter of Agreement no later than October 14, 2016. However, if Engineer requires additional time to complete the services set for in this Agreement, through no fault of the Engineer, Owner shall grant Engineer an extension of no more than 60 days, upon written notice by Engineer to Owner. C. FEES FOR SERVICES In consideration of the professional services and products provided, the fee shall be a Lump sum not to exceed $47,500. Any additional services beyond the scope of our services will be based on our hourly rates per agreement. Kieser Consulting, LLC will submit invoices monthly to the to the City of Carmel and shall be paid within thirty-five(35) days of the date of the invoice. I D. CLIENT RESPONSIBILITIES The City shall have the following responsibilities: 1. Provide pertinent updated fixed capital asset data to the Consultant as required. 9120 Otis Avenue e Lawrence IN 46216 • Office: (317) 545-5901 * Fa: (317) 545-4984 KIESER CONSULTING GROUP, LLC I'/nnifi�tg. Ertiiro»n�rutrl Stn�/irr. Gwats. Water Q11,11it), If you have any questions, please contact us at 317-545-5901. Sincerely, KIESER CONSULTING GROUP, LLC David L. Kieser Principal I I i I 9120 Otis Avenue Lawrence IN 46216 • Office: (317) 545-5901 • Fax: (317) 545-4984 EXHIBIT B AFFIDAVIT -Z% ) G, jL"', &gam_ ,being fust duly sworn, deposes and says that he/she is familiar with and has personal knowledge of the facts herein and, if called as a witness in this matter,could testify as follows: 1. I am over eighteen(18)years of age and am competent to testify to the facts contained herein. 2. I am now and at all tjes relevant herein have been employed by (the`Employer") i I in the position of R to..L 3. I am familiar with the employment policies,practices,and procedures of the Employer and have the authority to act on behalf of the Employer. 4. The Employer is enrolled and participates in the federal E-Verify program and has provided documentation of such enrollment and participation to the City of Carmel,Indiana. i 5. The Company does not knowingly employ any unauthorized aliens. �I FURTHER AFFIANT SAYETH NOT. j i EXECUTED on the day of '``sem 20/9 • L . 4,e, Printed• � , a,v � i� � I certify under the penalties for perjury under the laws of the United States of America and the State of Indiana that the foregoing factual statements and representations are true and correct. Printed:��-�°•'°•`� �'• l�ESQ.