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HomeMy WebLinkAboutAmerican Structurepoint, Inc/Eng/313,249/3rd Avenue and City Center Drive Roundabout – Construction Inspection American Structurepoint,Inc. Engineering Department-2018 Appropriation#2017 LOIT Bond Fund;P.O.# 101422 Contract Not To Exceed$313,249.00 Q O Vc- AGREEMENT FOR PROFESSIONAL SERVICES ��`� THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is hereby made and entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety (hereinafter "City"), and American Structurepoint, Inc. (hereinafter"Professional"). RECITALS WHEREAS City owns and is responsible for the operation and maintenance of its property, personnel, public works and infrastructure; and WHEREAS, from time to time, City needs professional assistance in fulfilling its foregoing responsibilities; and WHEREAS, Professional is experienced in providing and desires to provide to City the professional services ("Services") referenced herein; and WHEREAS, City desires to engage Professional as an independent contractor for the purpose of providing to City the Services referenced herein; NOW, THEREFORE, in consideration of the foregoing recitals and the covenants and conditions set forth herein, City and Professional mutually agree as follows: SECTION 1 INCORPORATION OF RECITALS The foregoing Recitals are hereby incorporated into this Agreement and made a part hereof. SECTION 2 SCOPE OF SERVICES 2.1 City desires to engage Professional as an independent contractor for the Services set forth in attached Exhibit A, incorporated herein by this reference. Professional will not perform any of the Services detailed in Exhibit A prior to obtaining a written Notice to Proceed from the City. Upon receiving a Notice to Proceed, the Professional shall perform only those Services specifically detailed in the Notice. If the Professional desires clarification of the scope of any Notice to Proceed, the Professional shall obtain such clarification from the City in writing, prior to performing the service set forth in the Notice to Proceed. Any services performed without the City's prior express written authorization will not be compensated. 2.2 Professional understands and agrees that City may, from time to time, request Professional to provide additional or modified Services to City. When City desires additional Services from Professional, the City shall notify Professional of such additional Services desired, as well as the time frame in which same are to be provided. Only after City has approved Professional's time and cost estimate for the provision of such additional Services, has encumbered sufficient monies to pay for same, and has authorized Professional, in writing, to provide such additional Services, shall such Services be provided by Professional to City. A copy [P:12018N0411A.Management\Proposal_Contract ContracnPth,,20180041I XT.RO.CTR.PSA_Cny ofCamtel_2018.doc:2RSi2018 IO:I3 AM] 1 American Structurepoint,Inc. Engineering Department-2018 Appropriation#2017 LOIT Bond Fund;P.O.# 101422 Contract Not To Exceed$313,249.00 of the City's authorization documents for the purchase of additional Services shall be numbered and attached hereto in the order in which they are approved by City. 2.3 Time is of the essence of this Agreement. SECTION 3 CITY'S RESPONSIBILITIES 3.1 City shall provide such information as is reasonably necessary for Professional to understand the Services requested. 3.2 City shall provide all data required for provision of Services. Professional may assume that all data so provided is correct and complete. 3.3. City shall arrange for Professional to enter upon public and private property as reasonably required for Professional to perform the Services. 3.4 City shall designate payment of the Services from City budget appropriation number 2017 LOIT Bond funds. 3.5 City shall designate the Mayor or his duly authorized representative to act on City's behalf on all matters regarding the Services. SECTION 4 PROFESSIONAL'S RESPONSIBILITIES 4.1 Professional shall perform the Services pursuant to the terms of this Agreement and within any applicable time and cost estimate. 4.2 Professional shall coordinate with City its performance of the Services. 4.3 Professional shall provide the Services by following and applying at all times reasonable and lawful standards as accepted in the industry. SECTION 5 COMPENSATION 5.1 Professional estimates that the total price for the Services to be provided to City hereunder shall be no more than Three Hundred Thirteen Thousand Two Hundred Forty Nine Dollars ($313,249.00) (the "Estimate"). Professional shall submit an invoice to City no more than once every thirty (30) days for Services provided City during the time period encompassed by such invoice. Invoices shall be submitted on a form containing the same information as that contained on the Professional Services Invoice attached hereto as Exhibit B, incorporated herein by this reference. City shall pay Professional for all undisputed Services rendered and stated on such invoice within thirty five(35)days from the date of City's receipt of same. 5.2 Professional agrees not to provide any Services to City that would cause the total cost of same to exceed the Estimate, without City's prior written consent. [P:\2018`40411 W.Management\Proposal_Contraa`Contre tTrime20180041 I.XT.ROCTRPSA City of Carmel_2018.doc:2/28/2018 10:13 AM] 2 American Structurepoint,Inc. Engineering Department-2018 Appropriation#2017 LOIT Bond Fund;P.O.# 101422 Contract Not To Exceed$313,249.00 SECTION 6 TERM Unless otherwise terminated in accordance with the termination provisions set forth in Section 7.1 hereinbelow, this Agreement shall be in effect from the Effective Date through December 31, 2018, 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. SECTION 7 MISCELLANEOUS 7.1 Termination 7.1.1 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City or Professional, without cause, upon thirty(30)days' notice. 7.1.2 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City, for cause, immediately upon Professional's receipt of City's"Notice To Cease Services." 7.1.3 In the event of full or partial Agreement termination, and as full and complete compensation hereunder, Professional shall be paid for all such Services rendered and expenses incurred as of the date of termination that are not in dispute, except that such payment amount shall not exceed the Estimate. Disputed compensation amounts shall be resolved as allowed by law. 7.2 Binding Effect City and Professional, and their respective officers, officials, agents, partners and successors in interest are bound to the other as to all Agreement terms, conditions and obligations. 7.3 No Third Party Beneficiaries Nothing contained herein shall be construed to give rights or benefits to anyone other than the parties hereto. 7.4 Relationship The relationship of the parties hereto shall be as provided for in this Agreement, and neither Professional nor any of its agents, employees or contractors are City employees. Professional shall have the sole responsibility to pay to or for its agents, employees and contractors all statutory, contractual and other benefits and/or obligations as they become due. Professional hereby warrants and indemnifies City for and from any and all costs, fees, expenses and/or damages incurred by City as a result of any claim for wages, benefits or otherwise by any agent, employee or contractor of Professional regarding or related to the subject matter of this Agreement. This indemnification obligation shall survive the termination of this Agreement. 7.5 Insurance Professional shall procure and maintain with an insurer licensed to do business in the State of Indiana such insurance as is necessary for the protection of City and Professional from all claims under workers' compensation, occupational disease and/or unemployment compensation acts, because of errors and omissions, because of bodily injury, including, but not limited to, the personal injury, sickness, disease, or [P:\2018`00411U.Management\Proposal_Contract ContrzrnPrune20180041 I XT.RO.CTRPSA_Cny of Cam,12018.doc:2/28,2018 10:13 AM] 3 American Structurepoint,Inc. Engineering Department-2018 Appropriation#2017 LOIT Bond Fund;P.O.# 101422 Contract Not To Exceed$313,249.00 death of any of Professional's employees, agents or contractors and/or because of any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth on attached Exhibit C. Such insurance policies shall not be canceled without thirty(30)days' prior written notice to City. 7.6 Liens Professional shall not cause or permit the filing of any lien on any of City's property. In the event such a lien is filed and Professional fails to remove it within ten (10) days after the date of filing, City shall have the right to pay or bond over such lien at Professional's sole cost and expense. 7.7 Default In the event Professional: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Professional's warranties; (b) fails to perform the Services as specified; (c) fails to make progress so as to endanger timely and proper completion of the Services and does not correct such failure or breach within five (5) business days after receipt of notice from City specifying same; or (d) becomes insolvent, files, or has filed against it, a petition for receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to terminate all or any part of this Agreement, without liability to Professional and to exercise any other rights or remedies available to it at law or in equity. 7.8 Government Compliance Professional agrees to comply with all laws, executive orders, rules and regulations applicable to Professional's performance of its obligations under this Agreement, all relevant provisions of which being hereby incorporated herein by this reference, to keep all of Professionals' required professional licenses and certifications valid and current, and to indemnify and hold harmless City from any and all losses, damages, costs, liabilities, damages, costs and attorney fees resulting from any failure by Professional to do so. This indemnification obligation shall survive the termination of this Agreement. 7.9 Indemnification Professional shall, to the fullest extent allowed by law, indemnify and hold harmless City and its officers, officials, and employees from all liabilities, damages and costs, including, but not limited to, court costs and reasonable attorney fees, to the extent caused by any failure to perform its services in accordance with the applicable standards of reasonable professional care, including intentional or negligent acts or omissions, of Professional and/or any of its employees or subconsultants in the performance of this Agreement. This indemnification obligation shall survive the termination of this Agreement. However, Professional shall not be obligated to indemnify City or its officers, officials and employees for any portion of such liabilities, damages and costs that is attributable to its or their own negligence or actionable fault. 7.10 Discrimination Prohibition Professional represents and warrants that it and each of its employees, agents and contractors shall comply with all existing and future laws prohibiting discrimination against any employee, applicant for employment and/or other person in the subcontracting of work and/or in the performance of any Services contemplated by this Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any matter [P:'2018`00411U.Management Proposal Contract Contras P,,m 20 1 800411 XT.RO.CTRPSA_Cuy of Carmel_2018.doc:2/28 2018 10:13 AM] 4 American Structurepoint,Inc. Engineering Department-2018 Appropriation#2017 LOIT Bond Fund;P.O.# 101422 Contract Not To Exceed$313,249.00 directly or indirectly related to employment, subcontracting or work performance hereunder because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. This indemnification obligation shall survive the termination of this Agreement. 7.11 E-Verify Pursuant to I.C. § 22-5-1.7 et seq., Professional shall enroll in and verify the work eligibility status of all of its newly-hired employees using the E-Verify program, if it has not already done so as of the date of this Agreement. Professional is further required to execute the attached Affidavit, herein referred to as Exhibit D, which is an Affidavit affirming that: (i) Professional is enrolled and is participating in the E-verify program, and (ii) Professional does not knowingly employ any unauthorized aliens. This Addendum incorporates by reference, and in its entirety, attached Exhibit D. In support of the Affidavit, Professional shall provide the City with documentation that it has enrolled and is participating in the E-Verify program. This Agreement shall not take effect until said Affidavit is signed by Professional and delivered to the City's authorized representative. Should Professional subcontract for the performance of any work under this Addendum, the Professional shall require any subcontractor(s) to certify by affidavit that: (i) the subcontractor does not knowingly employ or contract with any unauthorized aliens, and (ii) the subcontractor has enrolled and is participating in the E-verify program. Professional shall maintain a copy of such certification for the duration of the term of any subcontract. Professional shall also deliver a copy of the certification to the City within seven (7)days of the effective date of the subcontract. If Professional, or any subcontractor of Professional, knowingly employs or contracts with any unauthorized aliens, or retains an employee or contract with a person that the Professional or subcontractor subsequently learns is an unauthorized alien, Professional shall terminate the employment of or contract with the unauthorized alien within thirty(30)days ("Cure Period"). Should the Professional or any subcontractor of Professional fail to cure within the Cure Period, the City has the right to terminate this Agreement without consequence, The E-Verify requirements of this Agreement will not apply, should the E-Verify program cease to exist. 7.12 Severability If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be stricken, and all other provisions of this Agreement that can operate independently of same shall continue in full force and effect. 7.13 Notice Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this Agreement shall be written and either hand-delivered or sent by prepaid U.S. certified mail, return receipt requested, addressed to the parties as follows: CITY: City of Carmel Douglas C. Haney Department of Engineering Corporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 ATTENTION: Jeremy Kashman [P:\2018`00411\A.Management Proposal Contract Convact'Prime\201800411.XT.RO.CTRPSA_City of Carmel_201 S.doc:2/28/2018 10:13 AM] 5 American Structurepoint,Inc. Engineering Department-2018 Appropriation#2017 LOIT Bond Fund;P.O.# 101422 Contract Not To Exceed$313,249.00 PROFESSIONAL: American Structurepoint, Inc. 7260 Shadeland Station Indianapolis, IN 46256 ATTENTION: Willis R. Conner Notwithstanding the above, City may orally provide to Professional any notice required or permitted by this Agreement, provided that such notice shall also then be sent as required by this paragraph within ten (10) business days from the date of such oral notice. 7.14 Effective Date The effective date ("Effective Date") of this Agreement shall be the date on which the last of the parties hereto executes same. 7.15 Governing Law; Lawsuits This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, except for its conflict of laws provisions, as well as by all ordinances and codes of the City of Carmel, Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they waive any right to a jury trial they may have, agree to file such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 7.16 Waiver Any delay or inaction on the part of either party in exercising or pursuing its rights and/or remedies hereunder or under law shall not operate to waive any such rights and/or remedies nor in any way affect the rights of such party to require such performance at any time thereafter. 7.17 Non-Assignment Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder without City's prior written consent. 7.18 Entire Agreement This Agreement contains the entire agreement of and between the parties hereto with respect to the subject matter hereof, and no prior agreement, understanding or representation pertaining to such subject matter, written or oral, shall be effective for any purpose. No provision of this Agreement may be amended, added to or subtracted from except by an agreement in writing signed by both parties hereto and/or their respective successors in interest. To the extent any provision contained in this Agreement conflicts with any provision contained in any exhibit attached hereto, the provision contained in this Agreement shall prevail. [P:'2018'00411W.Management\Propnsal Contract\ContractPrime\201800411.XT.RO.CTRPSA_City of Carmd_2018.doc:2,28/201810:13 AM] 6 American Structurepoint,Inc. Engineering Department-2018 Appropriation#2017 LOIT Bond Fund;P.O.# 101422 Contract Not To Exceed$313,249.00 7.19 Representation and Warranties Each party hereto represents and warrants that it is authorized to enter into this Agreement and that any person or entity executing this Agreement on behalf of such party has the authority to bind such party or the party which they represent, as the case may be. 7.20 Headings All headings and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 7.21 Advice of Counsel The parties warrant that they have read this Agreement and fully understand it, have had an opportunity to obtain the advice and assistance of counsel throughout the negotiation of same, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 7.22 Copyright City acknowledges that various materials which may be used and/or generated by Professional in performance of Services, including forms, job description formats, comprehensive position questionnaire, compensation and classification plan and reports are copyrighted. City agrees that all ownership rights and copyrights thereto lie with Professional, and City will use them solely for and on behalf of its own operations. City agrees that it will take appropriate action with its employees to satisfy its obligations with respect to use, copying, protection and security of Professional's property. 7.23 Personnel Professional represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any contractual relationship with City. All of the services required hereunder will be performed by Professional or under his supervision and all personnel engaged in the work shall be fully qualified to perform such services. 7.24 Records and Inspections Professional shall maintain full and accurate records with respect to all matters covered under this agreement for three (3) years after the expiration or early termination of this Agreement. City shall have free access at all proper times to such records and the right to examine and audit the same and to make transcripts there from, and to inspect all program data, documents, proceedings and activities. 7.25 Accomplishment of Project Professional shall commence, carry on, and complete the project with all practicable dispatch, and in accordance with standards of reasonable professional care for similar projects, including compliance with applicable laws. In accomplishing the project, Professional shall take such steps as are appropriate to ensure that the services involved are properly coordinated with related work being carried on within City's organization. [P 800411,A.Managenet,Proposal_Contras'Contract/Prime201800411.XT.RO.CTR.PSA_City ofCamtd 201S.doc:228/201810:13 AMJ 7 American Structurepoint,Inc. Engineering Department-2018 Appropriation#2017 LOIT Bond Fund;P.O.# 101422 Contract Not To Exceed$313,249.00 7.26 Iran Certification Pursuant to I.C. § 5-22-16.5, the Professional shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. 7.27 Access to Public Records Act Professional understands and agrees that any"public record", as that term is defined in Indiana Code 5-14-3- 2(m), as amended, that is related to the subject matter of this Agreement, whether the same is in the possession or control of the Professional or the City, shall be subject to release under and pursuant to the provisions of Indiana's Access to Public Records Act, as codified in Indiana Code 5-14-3-1, et se±c., as amended. 7.28 Job Site Safety Neither the professional activities or the Professional, nor the presence of the Professional or its employees and subconsultants at a construction/project site, shall relieve the general contractor of its obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending and coordinating the work in accordance with the contract documents and any health or safety precautions required by any regulatory agencies or applicable laws. The Professional and its personnel have no authority to exercise any control over any construction contractor or its employees in connection with their work or any health or safety programs or procedures. 7.29 Mediation In an effort to resolve any conflicts that arise during the design and construction of the Project or following the completion of the Project, the City and the Professional agree that all disputes between them arising out of or relating to the Agreement or the Project shall be submitted to nonbinding mediation unless the parties agree otherwise. Such nonbinding mediation shall be conducted in accordance with the Indiana Rules of Alternative Dispute Resolution. ---REMAINDER OF PAGE LEFT BLANK INTENTIONALLY--- [P:\201800411A.Managanent\Proposal Contract`Contract PrimC201800411.XT.RO.CTRPSA_Cay ofCumd_2018.doc:2/28/201810:13 AM] 8 American Structurepoint. Inc. Engineering Department-2018 Appropriation#2017 LOIT Bond Fund: P.O.# 101422 Contract Not To Exceed S313.249.00 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA American Structurepoint, Inc. by and through its Board of Public Works and Safety BY: BY: Jot Pv -c,-t James Brainard, Presiding Officer Authirized Sig t e Date: Printed Name: Steven J. Davidson, PE Title: Executive Vice President Ma Ann urke, Memb Date: FID/TIN: 35-1127317 Last Four of SSN if Sole Proprietor: Lori . Wat erniper Date: February 28. 2018 Date: ATTE : Christine S. Pauley, , erk-Tre urer Date: ary ff' 1P1201810011141 MaoaBcmrntWnipnal Cmuaa`CmuaaV4ime20 1 80 031 1.XT.RO.rrR.PSA Cay of Caroc1-2018.doc2/282018 9:47 AM1 9 O AMERICAN STRUCTUREPOINT, INC. EXHIBIT"A" SERVICES BY PROFESSIONAL A. ENGINEERING PERSONNEL For the fulfillment of all services outlined in Section B below,the Professional will provide one full-time Resident Project Representative,inspectors,and clerical and secretarial personnel as required for a period of time necessary to complete the construction project and final construction report. The qualifications and experiences of personnel provided by the Professional are subject to approval by the City,and no personnel will be assigned to the Project until the City's approval is obtained. The full-time Resident Project Representative will report to the City on all matters concerning contract compliance and administration. The full-time Resident Project Representative will coordinate Project activities with City's Project Manager. B. DESCRIPTION OF SERVICES 1. Construction Schedule: Review and monitor the construction schedules prepared by the Contractor for contract compliance and provide detailed documentation and recommendations to the City concerning the schedule's acceptability. 2. Conferences: Schedule, conduct, notify participants, and provide minutes of preconstruction meetings,partnering meetings,progress meetings,and such other job conferences as required for the timely and acceptable conduct of the job. Attend Public Information Meetings conducted by the City. The Professional shall be available for conferences as requested by the City to review working details of the Project. The City may review and inspect the activities whenever desired during the life of the Amendment. 3. Liaison: Serve as the City's liaison with the Contractor, working principally through the Contractor's field superintendent or such other person in authority as designated by the Contractor. The full-time Resident Project Representative shall be thoroughly familiar with the plans and specifications applicable to the Project to monitor the Contractor for compliance with the provisions therein. Any deviation observed shall be addressed to the Contractor by the Resident Project Representative. Recommendations to obtain compliance also shall be reported to the City. 4. Cooperate: Cooperate with the City in dealing with various federal,state,and local agencies having jurisdiction over the project. 5. Obtain from the Contractor: a. A list of their proposed suppliers and subcontractors b. Additional details or information when needed at the job site for proper execution of the work 6. Certification of Materials: Check for completeness of certifications of materials delivered to the site. 7. Shop Drawings a. Receive shop drawings and falsework drawings. Check falsework drawings for completeness and obtain structural engineer's approval of the proposed design. Forward shop drawings to the design consultant for review and approval. Exhibit Exhibit A • Gk 2018.00411 � O AMERICAN STRUCTUREPOINT, INC. b. Review the approved shop falsework drawings, specifications and other submissions, record receipt of this data, maintain a file of all drawings and submissions, and check construction for compliance in accordance with the Contract Documents. c. Alert the Contractor's field superintendent when it is observed that materials or equipment is being or is about to be used or installed before approval of shop drawings or samples, where such are required, and advise the City when it is necessary to disapprove work as failing to conform to the Contract Documents. 8. Review of Work.Inspection,and Tests a. Conduct on-site inspections for the City,of the work in progress,as a basis for determining that the project is proceeding in accordance with the Contract Documents b. Accompany visiting inspectors representing local, state, or federal agencies having jurisdiction over the project and report details of such inspections to the City c. Verify that the required quality control sampling and testing has been accomplished and materials certification has been provided by the Contractor d. Review the Contractor's test/certification results and the City's independent assurance tests for accuracy and retain in the project file e. Questionable testing methods or results from the Contractor may initiate an increase in the volume of assurance tests. 9. Modification: Consider and evaluate the Contractor's suggestions for modifications in drawings and/or specifications and report them with recommendations to the City. 10. Records a. Prepare and maintain at the job site orderly files of correspondence, reports of job conferences, shop drawings and other submissions, reproductions of original Contract Documents, including all addenda,change orders, and additional drawings subsequent to the award of the Contract,progress reports,and other project related documents b. Keep a diary or logbook,recording hours on the job site,weather conditions,list of visiting officials, decisions, general observations, and specific observations with regard to test procedures. Upon request,furnish copies of such a diary or logbook to the City. c. Maintain for the City, a record of names, addresses, and telephone numbers of all subcontractors and major material suppliers d. Maintain a set of drawings on which authorized changes are noted and deliver to the City upon request,but in any event,at the completion of the project e. Prepare the Final Construction Record and Final Estimate as required by the City 11. Reports: Furnish to the City at periodic intervals, as required, progress reports of the project, including the Contractor's compliance with the approved construction schedule 12. Progress Estimates: Prepare progress estimates for periodic partial payments to the Contractor and deliver to the City for review and processing. The payments to the Contractor will be based on estimates of the value of work performed and materials complete in place in accordance with the contract. 13. Project Responsibility: The Resident Project Representative will be responsible for the documentation of pay quantities and estimates and the maintenance of appropriate records related to the construction of this project. Exhibit /A Exhibit A 2 2018.00411 CA O AMERICAN STRUCTUREPOINT, INC. 14. Work Schedule and Suspension: The Professional's crew will be required to regulate their workweek to conform to the Contractor's hours in accordance with the directions of the City. If work on the construction project is suspended and all matters concerning contract compliance and administration are complete, the services of the Professional may also be suspended without cost to the project. 15. Contract Administration: The Professional will administer the contract in accordance with City's procedures. 16. If directed by the City,the Professional shall prepare,as-needed,design,survey,right-of-way,and other services consistent with the previous services that have been performed by the Professional on this project. These services will be performed and paid for based on an additional amendment to the Professional Services Agreement,to be negotiated between the City and the Professional. 17. If the City requests services beyond the scope of this Amendment, and capabilities of the Professional,Professional will provide these services through a subconsultant approved by the City. INFORMATION AND SERVICES TO BE FURNISHED BY CITY The City shall furnish the Professional with the following: 1. A City's representative with decision-making authority on all inquiries 2. Assistance to the Professional by placing at its disposal all available information pertinent to the Project SCHEDULE 1. The Professional will be prepared to begin the services under this Amendment within five(5)days after a letter of notice to proceed is received from the City. The Professional shall complete and deliver the final project documents and final estimate to the Project Manager within sixty (60) days after the project's final acceptance by the City. 2. The assumed duration of the Project is 22 weeks. Exhibit /4 Exhibit A �� 2018.00411 EXHIBIT"A" INSPECTION FEE JUSTIFICATION MANHOURS BY CLASSIFICATION OWNER: City of Carmel DESCRIPTION: Roundabout Improvements City Center Drive and 3rd Avenue SW Carmel Project No.16-ENG-108 LETTING: February 21,2018 NOTICE TO PROCEED: March 7,2018 Anticipated FINAL COMPLETION DATE: July 1,2018 Anticipated PRECONSTRUCTION ACTIVITIES: 3/19/2018 to 3/30/2018 = 2.00 weeks CONSTRUCTION ACTIVITIES TO FINAL COMPLETION: 4/2/2018 to 7/6/2018 = 14.00 weeks POST-CONSTRUCTION ACTIVITIES: 7/9/2018 to 8/17/2018 = 6.00 weeks MEMO - 22.00 weeks The following pages(manhour justification and fee estimate)are based on the above construction schedule. Any delay or extension in the construction that significantly extends the completion date shown above may require an extension to this Agreement and an increase in the estimated fees. Exhibit 201800411 EXHIBIT"A" LABOR PROJECT MANAGER: Regular time: 22 weeks @ 2 hours/week = 44 hours PROJECT MANAGER = 44 hours SENIOR RESIDENT PROJECT REPRESENTATIVE: Preconstruction Activities: Regular Time: 2 weeks @ 40 hours/week = 80 hours Construction Activities To Final Completion: Regular Time: 14 weeks @ 40 hours/week = 560 hours Overtime(assume 50%) 560 @ 50% = 280 hours Post-Construction Activities: Regular Time: 6 weeks @ 40 hours/week = 240 hours SENIOR RESIDENT PROJECT REPRESENTATIVE TOTAL REGULAR HOURS = 880 hours SENIOR RESIDENT PROJECT REPRESENTATIVE TOTAL OVERTIME HOURS = 280 hours INSPECTOR(S): Construction Activities To Final Completion: (Assume 1.5 Inspector needed) Regular Time: 14 weeks @ 60 hours/week = 840 hours Overtime(assume 50%) 840 @ 50% = 420 hours Post-Construction Activities: (Assume 1 Inspector needed) Regular Time: 6 weeks @ 40 hours/week = 240 hours INSPECTOR(S)TOTAL REGULAR HOURS = 1,080 hours INSPECTOR(S)TOTAL OVERTIME HOURS = 420 hours Exhibit 201800411 EXHIBIT"A" INSPECTION FEE SUMMARY CONSTRUCTION INSPECTION SERVICES CLIENT: City of Carmel DESCRIPTION: Roundabout Improvements City Center Drive and 3rd Avenue SW Carmel Project No.16-ENG-108 Rate Units Fee Project Manager $ 185.00 44 $ 8,140.00 Senior Resident Project Representative $ 130.00 880 $ 114,400.00 Senior Resident Project Representative (Overtime) $ 150.80 280 $ 42,224.00 Inspector(s)(Regular) $ 95.00 1,080 $ 102,600.00 Inspector(s)(Overtime) $ 109.25 420 $ 45,885.00 TOTAL INSPECTION FEE $ 313,249.00 Exhibit ‘c,-P6 201800411 EXHIBIT B Invoice Date: Name of Company: Address &Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Date Goods/Services Provided Cost Per Hourly Total Goods/Services Goods/ (Describe each good/service Item Rate/ Service separately and in detail) Hours Provided Worked GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker's Compensation&Disability Statutory Limits Employer's Liability: Bodily Injury by Accident/Disease: $100,000 each employee Bodily Injury by Accident/Disease: $250,000 each accident Bodily Injury by Accident/Disease: $500,000 policy limit Property damage,contractual liability, products-completed operations: General Aggregate Limit(other than Products/Completed Operations): $500,000 Products/Completed Operations: $500,000 Personal&Advertising Injury Policy Limit: $500,000 Each Occurrence Limit: $250,000 Fire Damage(any one fire): $250,000 Medical Expense Limit(any one person): $ 50,000 Comprehensive Auto Liability(owned,hired and non-owned) Bodily Single Limit: $500,000 each accident Injury and property damage: $500,000 each accident Policy Limit: $500,000 Umbrella Excess Liability Each occurrence and aggregate: $500,000 Maximum deductible: $ 10,000 EXHIBIT D AFFIDAVIT MaDoN C, - r .ef' ,being first 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 now and at all time re^le`va t herein have bee employed by YlC`�l MN\ S\Y )c .herein l'At 1% .(the "Employer") in the position of Seyi i p✓ -#-J ulivan IZe,SC)LJYCQ 12epr'- S-eXIA- 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. 5. The Company does not knowingly employ any unauthorized aliens. FURTHER AFFIANT SAYETH NOT. EXECUTED on the a CD - 6 day ofYo 0.113 , 20 r Printed: l Y t\(OMe 4-A "' 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. _:04 _ AMANDA B ZUNICA •••0T ;: Hamilton County ,�,1, ' My Commission Expires Printed: La`-" JOAO September 1,2018 City INDIANA RETAIL TAX EXEMPT Page 1 of 1 CERTIFICATE EXCISE TAX EXEMPT 1 O PURCHASE ORDER�F NUMBER 22 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES,NP CARMEL, INDIANA 46032-2584 VOUCHER,DELIVERY MEMO,PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL-1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 2/21/2018 00350562 Project 16-ENG-108;Contract Date 03.07.18 AMERICAN STRUCTURE POINT, INC City Engineering's Office VENDOR 7260 SHADELAND STATION SHIP 1 Civic Square TO Carmel, IN 46032- INDIANAPOLIS, IN 46256--3957 Kate Lustig PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 23635 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 2200 Fund: 0 2017 LOIT Bond Fund Account: 94-650.04 1 Each City Center Drive and 3rd Avenue SW-Construction $313,249.00 $313,249.00 Inspection Sub Total $313,249.00 \\ ON z a '' Send Invoice To: ' � �` . '"� .7; Jill Newport CrossRoad Engineers, P.C. "lti 3417 Sherman Drive Beech Grove, IN 46107 1 A`" Email:jnewport@crossroadengineers.com PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT I AMOUNT PAYMENT $313,249.00 SHIPPING INSTRUCTIONS 'aP 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 *SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBUGATED BALANCE IN *C.O.D.SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. *PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL 'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS 1945 _ A C.:vaij AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY Jeremy Kashman James Crider TITLE Director Administration CONTROL NO. 1 01422 CLERK-TREASURER