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Home My WebLink AboutBeam, Longest &_Neff, LLC/Utilities/$62,400/Design and Engineering Service DocuSign Envelope ID: 15E0B74B-OFAA-491E-A7BC-00BB8A086FBF DocuSign Envelope ID:6EF94A08-83F1-4E2F-BF8B-D97ED9FC21DO Beam,Longest&Neff,Inc. Utilities Department-2022 A '"SP1 Fay S"aregarY(ireehukhln at 4:t)G�dYN,,ddn R7,ZP)ZZ Appropriation#06-1051-01 Fund:P.O.#W 10113 Contract Not To Exceed S62,400.00 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 Beam, Longest&Neff, 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. 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 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. dQ.nKufa,w:rU�a,"K:auo.r.m,rs,uAilaom�.N..VtI�,Nar..uh 11 oru,�w,i n,. 'ti4V,Ouea:.ph ulrcr, ell wnwaa.m..r➢c V ^II�n,OA.n Pci.,;�y;re�l 1 DocuSign Envelope ID: 15E0B74B-OFAA-491E-A7BC-00BB8A086FBF DocuSign Envelope ID:6EF94A08-83F1-4E2F-BF8B-D97ED9FC21DO Beam,Longest&Neff,Inc. Utilities Department-2022 Appropriation#06-1051-01 Fund:P.O.#W 10113 Contract Not To Exceed S62,400.00 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 06-1051-01 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 Sixty Two Thousand Four Hundred Dollars ($62,400.00) (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. un 7onn Is',.r\4Y a ,nuu;,0.;I.dV vv, ul V3',°xr.0 I.uG .0 n,'..;u,IM Iluu Lrvcfu.n,lo vPu-re'cc^,b ll P `dufir'(J1II.�ry a 'yrelfl 2 DocuSign Envelope ID: 15E0B74B-OFAA-491E-A7BC-00BB8A086FBF DocuSign Envelope ID:6EF94A08-83F1-4E2F-BF8B-D97ED9FC21DO Beam,Longest&Neff,Inc. Utilities Department-2022 Appropriation#06-1051-01 Fund:P.O.#W 10113 Contract Not To Exceed S62,400.00 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 31,2022,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. Src vuaacr,V[9 RKn uxu[s,G.i11 ou,0?..VVI'M.:.iuua p uru a Nu W:TCa:i 4 uc.I owTwn. ull n nu1.:. eT V'/VY W:.^I IIG1...9,^@M.1 3 DocuSign Envelope ID: 15E0B74B-OFAA-491E-A7BC-00BB8A086FBF DocuSign Envelope ID:6EF94A08-83F1-4E2F-BF8B-D97ED9FC21DO Beam,Longest&Neff,Inc. Utilities Department-2022 Appropriation#06-1051-01 Fund:P.O.#W 10113 Contract Not To Exceed S62,400.00 7.5 Insurance 7.5.1 Professional shall, as a condition precedent to this Agreement, purchase and thereafter maintain such insurance as will protect it and City from the claims set forth below which may arise out of or result from Professional's operations under this Agreement, whether such operations be by Professional or by its subcontractors or by anyone directly or indirectly employed by any of them, or by anyone directly for whose acts any of them may be liable: 1) Claims under Worker's Compensation and Occupational Disease Acts, and any other employee benefits acts applicable to the performance of the work; 2) Claims for damages because of bodily injury and personal injury,including death,and; 3) Claims for damages to property. Professional's insurance shall be not less than the amounts shown below: A. Commercial General Liability(Occurrence Basis) Bodily Injury, personal injury, property damage, Contractual liability, product/completed operations Each Occurrence Limit $1,000,000.00 Damage to Rented Premises $100,000.00 (each occurrence) Medical Expense Limit $5,000.00 Personal and Advertising Injury Limit $500,000.00 General Aggregate Limit $2,000,000.00 (Other than Products Completed Operations) NOTE: GENERAL AGGREGATE TO APPLY PER PROJECT Products/Completed Operations $1,000,000.00 B. Auto Liability $1,000,000.00 (combined single limit) (owned, hired &non-owned) Bodily injury&property damage $1,000,000.00 each accident B ¢.,,,i.r;Lw.tu>xi ramu,i,+tsruu ma,M.utu,,. x.A i„a:.eitIF r�.> A,a e, uau o.riro^¢Qu,*.nr�.ar..ro t.] 4 DocuSign Envelope ID: 15E0B74B-OFAA-491E-A7BC-00BB8A086FBF DocuSign Envelope ID:6EF94A08-83F1-4E2F-BF8B-D97ED9FC21D0 Beam,Longest&Neff,Inc. Utilities Department-2022 Appropriation#06-1051-01 Fund:P.O.#W 10113 Contract Not To Exceed S62,400.00 C. Excess/Umbrella Liability $2,000,000 (each occurrence and aggregate) D. Worker's Compensation &Disability Statutory E. 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 F. Professional Liability Insurance. The Professional shall carry and maintain during the continuance of this Agreement, professional liability insurance in the amount of $2,000,000 for single limit claims and $3,000,000 in the aggregate. The Professional's policy of insurance shall contain prior acts coverage sufficient to cover all Services performed by the Professional for this Project. Upon City's request, Professional shall give prompt written notice to City of any and all claims made against this policy during the period in which this policy is required to be maintained pursuant to this Agreement. If the insurance is written on a claims-made basis and coverage is cancelled at any time, the Professional will obtain, at its cost, an extended reporting endorsement which provides continuing coverage for claims based upon alleged acts or omissions during the term of the Agreement until all applicable statute of limitation periods have expired. 7.5.2 Professional shall provide the City with a certificate of insurance, naming the City as an "additional insured," showing such coverage then in force (but not less than the amount shown above) shall be filed with City prior to commencement of any work. These certificates shall contain a provision that the policies and the coverage afforded will not be canceled until at least thirty (30) days after written notice has been given to City. 7.5.3 Professional may, with the prior approval of the City, substitute different types of coverage for those specified if the total amount of required protection is not reduced. Professional shall be responsible for all deductibles. 7.5.4 Nothing in the above provisions shall operate as or be construed as limiting the amount of liability of Professional to the above enumerated amounts. 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. GWuar ,o>vyunvonuwnu;ruv ,vi-o ,,.� uu,ru,e:.»srrop iKtiuu',o .un ..w>,ua<u,ur;rao:¢iou „,a�l 5 DocuSign Envelope ID: 15E0B74B-OFAA-491E-A7BC-00BB8A086FBF DocuSign Envelope ID:6EF94A08-83F1-4E2F-BF8B-D97ED9FC21D0 Beam,Longest&Neff,Inc. Utilities Department-2022 Appropriation#06-1051-01 Fund:P.O.#W 10113 Contract Not To Exceed S62,400.00 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 indemnify and hold harmless City and its officers, officials, employees and agents from all losses, liabilities, claims,judgments and liens, including, but not limited to, all damages, costs,expenses and attorney fees arising out of any intentional or negligent act or omission of Professional and/or any of its employees, agents or contractors in the performance of this Agreement. This indemnification obligation shall survive the termination of this Agreement. 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 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. C. vuV.u.i',111)r .uuiuiraur IIj.t fl Per. "oipllAa„!'.uu is I'."tiP IIM�u IV.vlfu.•mr vll w-eY.:u"s Jl(.OfVV."dJd'.4➢1Y :4I,&tl] 6 DocuSign Envelope ID: 15E0B74B-OFAA-491E-A7BC-00BB8A086FBF DocuSign Envelope ID:6EF94A08-83F1-4E2F-BF8B-D97ED9FC21DO Beam,Longest&Neff,Inc. Utilities Department-2022 Appropriation#06-1051-01 Fund:P.O.#W 10113 Contract Not To Exceed S62,400.00 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 C, 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 C. 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 City of Carmel Utilities Department Office of Corporation Counsel 30 W Main Street, 2nd Floor One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 ..C ......>.....v nuuwu.G....... .u......o.urao •......................V..u.a......aA a uo-'..:!".t flau qpv.A,lwrt] 7 DocuSign Envelope ID: 15E0B74B-OFAA-491E-A7BC-00BB8A086FBF DocuSign Envelope ID:6EF94A08-83F1-4E2F-BF8B-D97ED9FC21D0 Beam,Longest&Neff,Inc. Utilities Department-2022 Appropriation#06-1051-01 Fund:P.O.#W 10113 Contract Not To Exceed S62,400.00 PROFESSIONAL: Beam, Longest&Neff, Inc. "' `, 8320 Craig Street Indianapolis, Indiana 46250 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. 7.17Non-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. r o r.W:v,a7 vnc„nuu,.a gfido..d a rrmr.arti a F c u a: m o c u>cun's., h.uV rn .G aa,o,nm,:oaa AF ,t 8 DocuSign Envelope ID: 15E0B74B-OFAA-491E-A7BC-00BB8A086FBF DocuSign Envelope ID:6EF94A08-83F1-4E2F-BF8B-D97ED9FC21D0 Beam,Longest&Neff,Inc. Utilities Department-2022 Appropriation#06-1051-01 Fund; P.O.#W 10113 Contract Not To Exceed S62,400.00 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. d uaG v, r,l y neruuxti,n 4,Y_ldd ao u�dwaxnu u.0 n O N fl u. o x aa:>4t ou o u:a. u� a,arm. �n o ,3 , w) 9 DocuSign Envelope ID: 15E0B74B-OFAA-491E-A7BC-00BB8A086FBF DocuSign Envelope ID:6EF94A08-83F1-4E2F-BF8B-D97ED9FC21D0 Beam,Longest&Neff,Inc. Utilities Department-2022 Appropriation#06-1051-01 Fund:P.O.#W 1011, Contract Not To Exceed S62,400.00 7.25 Accomplishment of Project Professional shall commence, carry on, and complete the project with all practicable dispatch, in a sound economical and efficient manner, in accordance with the provisions thereof and all applicable laws. In accomplishing the project, Professional shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on within City's organization. 7.26 Debarment And Suspension 7.26.1 The Professional certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term "principal"for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Professional. 7.26.2 The Professional certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Professional shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall,at the City's request,take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 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 seq., as amended. 7.28 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. ....u.y......,...K..........r a.....� m u.,r.,..�:_.,.wu,.......... ........��.2��.c. o::u M u .�Waa 10 DocuSign Envelope ID: 15E0B74B-OFAA-491E-A7BC-00BB8A086FBF DocuSign Envelope ID:6EF94A08-83F1-4E2F-BF8B-D97ED9FC21 DO Beam,Longest&Neff,Inc. Utilities Department-2022 Appropriation#06-1051-01 Fund;P.O.#W 10113 Contract Not To Exceed S62,400.00 IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA Beam, Longest&Neff, Inc. by and through its Board of Public Works and Safety BY: BY: ,-DocuSigned by: ^^ D OC NI Sdg.ncd'.by: ,a rt S 1511WiIAA.v'a ,tutu s (AtA t-S{ `-Ja - livard, Presiding Officer tiffollieeSignature Date: 1/19/2022 ,-DocuSigned by: Printed Name: James B. Longest Qtndn, butrid. Title: President Mary Ann Burke, Member Date: 1/19/2022 FID/TIN: 35-2031487 DocuSigned by: 8703 Last Four of SSN if Sole Proprietor: (,avi (Pal-sok, `Zifi288.1� 1,m9 ber Date: 1/6/2022 Date: ATTEST: ,-DocuSigned by: 5f..t. OJONel Sue 01 02 A/995 1 /22 Date: If9 on6.1:0,6p6uhllIQ110 r mhvn A..00 MHP: E wh666I:6,6,,:ru II:::: 66,”11,1,4Oo:u6:nay::dJa:a H6+AM' 11 DocuSign Envelope ID: 15E0B74B-OFAA-491E-A7BC-00BB8A086FBF DocuSigjn Envelope ID:6EF94A08-83F1-4E2F-BF8B-D97ED9FC21DO B N Exhibit A 8320 CRAIG STREET I INDIANAPOLIS.IN 46250 317.849.5832 I f:317.841.4280 1800.382.5206 I WWW.B-L-N.COM BEAM•LONGEST•NEFF A TRADITION OF EXCELLENCE SINCE 1945 CITY OF CARMEL Smoky Row Road Reconstruction Old Meridian Road to Rangeline Road SUPPLEMENT NO. 1 FEE JUSTIFICATION BEAM, LONGEST AND NEFF, L.L.C. 8320 Craig Street Indianapolis, Indiana 46250 317-849-5832 (FAX) 317-841-4280 December 2021 DocuSign Envelope ID: 15E0B74B-OFAA-491E-A7BC-00BB8A086FBF DocuSign Envelope ID:6EF94A08-83F1-4E2F-BF8B-D97ED9FC21DO BLNH BEAM•LONGEST•NEFF SCOPE OF WORK Smoky Row Road Reconstruction Old Meridian Road to Rangeline Road WATER MAIN PLAN DEVELOPMENT Water Main Design: BLN will provide engineering and prepare water main design plans for the relocation and/or replacement of the existing water mains along Smokey Row Road. The limits are assumed as follows: • 1,450 feet of 12" pipe beginning near the intersection of Rohre Road and Smokey Row Road continuing past the intersection of Greenfield Trail North BIDDING PHASE SERVICES Bidding Phase Services: Additional assistance will be required for the Bidding Phase Services for the Water Main design. BLN will furnish personnel to assist the City during the bidding phase of the Project. The anticipated services are as follows: • Assist with bidder's questions CONSTRUCTION ADMINISTRATION Construction Administration: BLN will assist the City during the construction of the Project. The anticipated services are as follows: • Attend a pre-construction conference • Respond to contractor's questions • Review and prepare change orders • Review submittals • Prepare record drawings 12/13/2021 I PAGE 2 DocuSign Envelope ID: 15E0B74B-OFAA-491E-A7BC-00BB8A086FBF DocuSign Envelope ID:6EF94A08-83F1-4E2F-BF8B-D97ED9FC21DO BLL BEAM-LONGEST-NEFF FEE SUMMARY Smoky Row Road Reconstruction Old Meridian Road to Rangeline Road • Water Main Design (Lump Sum) $48,600.00 • Bidding Phase Services (Lump Sum) $ 4,200.00 • Construction Administration (Hourly NTE) $ 9,600.00 Total $62,400.00 Hourly services will be billed in accordance with the rates shown in Attachment A-1. 12/13/2021 I PAGE 3 DocuSign Envelope ID: 15E0B74B-OFAA-491E-A7BC-00BB8A086FBF DocuSign Envelope ID:6EF94A08-83F1-4E2F-BF8B-D97ED9FC21 DO FEE JUSTIFICATION EXHIBIT MANHOURS BY CLASSIFICATION Revised : 11/22/2021 PRELIMINARY DESIGN OWNER: Carmel PROJECT: Watermain Relocation i . ,. Manhours by Classification Office Department Project Project Engineer ;'CAD Task Manager Manager. '; Manager Engineer Intern Tezhnictan Total Preliminary De sign n [- '` I I .I Import Survey Data/Clean-Up 12 20 I 32 Create Base Sheet 8 20 28 ims Prepare Title Sheet/Index/General Notes 0 Revise Title Sheet/Index/General Notes 0 Prepare Plan and Profile Sheet 44 P8 Prepare Construction Detail Sheets Ell ' �..._4 6 Revise Plan and Profile Sheet IMg Revise Construction Detail Sheets 2 Prepare Miscellaneous Detail Sheets 6 Revise Miscellaneous Detail Sheets I 2 Prepare Maintenance of Traffic Sheets 0 Revise Maintenance of Traffic Sheets 0 Prepare Erosion Control Sheet 0' Revise Erosion Control Sheet 0 Plot Draft Sheets for Review L 2 2 Review Draft Sheets 2 4 I 8 Revise Draft Sheets I 8 8 Geotech Review ER 0 Preliminary Design 0 Preliminary Design Review 2 1 4 [Preliminary Design Revisions Cost Estimate Cost Estimate Review Cost Estimate Revision 2 Contract Document Preliminary Draft 20 Review Contract Document Preliminary Draft 2 I 8 Mil Revise Consrract Document Preliminary Draft Identify Prioprieitary Materials Preliminary Utility Coordination _.. 0 Slle Visit Conslructabilily/Inspection Review 2 2 _Total Hours 0 8 18 38 50 230 Hourly Rate $ 300.00 $ 300.00 I$ 230 00 $ 170.00 r 0 $ 125 00 1 Total Labor $0.00 S2.400.00 $4,140 OD $6,460 00 $14.500.00 $6.250.00 $33.750 00 DIRECT COSTS r MILEAGE . Meetings Distance Total Mileage Mileage Rate 1 20 20 $ 0.39 $ 7 80 COPIES Pages Sets ITotal Pages Cost/PG 8 5 x 11 50 3 150 S 0.150 $ 22.50 22 x 34 4 3 12 $ 1.71 $ 20.52 Total Direct Costs $50.82 Labor Costs $ 33,750.00 Direct Costs $ 50.82 Total $ 33,800.82 Fee Amount to Use $ 33,800.00 DocuSign Envelope ID: 15E0B74B-OFAA-491E-A7BC-00BB8A086FBF DocuSign Envelope ID:6EF94A08-83F1-4E2F-BF8B-D97ED9FC21DO FEE JUSTIFICATION EXHIBIT MANHOURS BY CLASSIFICATION Revised : 11/22/2021 FINAL DESIGN OWNER: Carmel PROJECT: Watermain Relocation Manhours by Classification Office Department ,;Project Project Engineer CAD TaskMana er P�pManager � V _' Manager En g nle�r � Intern '� Technician �Total . m-hwall Uaallgin i I ... .......... Revise Sheets per Client/Permit Comments I i 12 12 Final Alignment and Sizing ! MI 4 4 Final Profile Established _ 1 4 4 I Final Plan and Profile Sheets Prepared 4 1 4 6 Final Annotation 2 '... 4 4 10 Plot Sheets for Review 111111111111111= I 2 2 Review Sheets IIIIIIIIIIIIMIIIIIIIIIIIIIII 4 Revise Sheets 1111111111111111 2 2 Quantity Calculations Prepare QNQC Quantity Sheet ? ...�. 4 Unit Price Confirmation �' 0 Cost Estimate 2 2 Cost Estimate Review 2 2 __ 4 Cost Estimate Revision 2 2 Prepare Advertisement for Bidders I I 0 Prepare Bid Form Finalize Specifications 4 4 (Finalize Summary of Work Specification I 0 Final Plot for Review 2 2 14 Final Plan Review 2 2 Final Plan Revisions 2 2 NN 4 Final Back Check 2 I 2 I Plot Pro' GI Manual for 2 Final Project ManualRev Check 2 Review ...... _..._ 2 1 2 Final Project Manual Revision .. 2 2 I..... Plot Plans and Project Manual For Client _ 2 2 1... Final Check 3 2 5 Revisions I 21 2 Create Final Plots/PDF Drawings IIIIIIIIIIIIIIIII2 2 Create Final Plots/PDF Project Manual 0 Create Final Plots/PDF Bid Packet 1 0 Total Hours i0 1 5 12 22 40 14 93 Hourly Rate S 300.00 $ 300.00 $ 230.00 $ 170.00 $ 125.00 I$ 125.00 Total Labor $0.00 $1.500.00 S2,760.00 $3 740 00 .__.$5.000.00 $1.750.00 $14.750.00 • . )1RECT COSTS f i 1 - - l f f MILEAGE Meetings Distance Total Mileage Mileage Rate 20 0 $ 0.39 S COPIES 'Pages Sets Total P es I Cost/PG 6.5x 11 �..... .__.. 4 50 3 150 5 0.150 $ 22.50 22 x 34 4 3 12 IS 1.71 $ 02 ectCosts Total Dir.. IT 2 20.52 Labor Costs $ 14,750.00 Direct Costs $ 43.02 Total $ 14,793.02 Fee Amount to Use $ 14,800.00 DocuSign Envelope ID: 15E0B74B-OFAA-491E-A7BC-00BB8A086FBF DocuSign Envelope ID:6EF94A08-83F1-4E2F-BF8B-D97ED9FC21DO FEE JUSTIFICATION EXHIBIT MANHOURS BY CLASSIFICATION Revised : 11/22/2021 BIDDING OWNER: Carmel PROJECT: Water Main Relocation Manhours b Classification . Owe Pep r mOnt Project 1 Project Engineer CAD bask Manager Manager I Manager Engineer Intern Technician Total Assist Owner in Bid Advertising I I Send out plans and specifications to bidders Prepare and distribute addenda Assist with bidders questions 2 4 8 8 2 Conduct a pre-bid meeting _. Attend the bid opening I Tabulate the bid results Reference Check Review Prepare Recommendation LetterIT 1 Pr Total Hours 0 2 4 8 8 2 Hourly Rate S 300.00 S 300.00 S 230 00 S 170.00 S 125.00 $ 125.00 Total Labor s0.00 SB0000 $920.00 I $1,380.00 $1.000.00 $250.00 E4J30j ..> nikEc r ns rt MILEAGE 1 tMteelinns Distance TataiMileage I PAilea.eRate o 10 0 $ 0.3e a . COPIES Pages Sets Total Pages I Cost/PG 22 x 34 �_. ...0 0 0 1 S 0.150 .x $0 1.71 E Total Direct Costs $0.00 Labor Costs $ 4,130.00 Direct Costs $ Total $ 4,130.00 'Fee Amount to Use $ 4,200.00 DocuSign Envelope ID: 15E0B74B-OFAA-491E-A7BC-00BB8A086FBF DocuSign Envelope ID:6EF94A08-83F1-4E2F-BF8B-D97ED9FC21DO FEE JUSTIFICATION EXHIBIT 1 MANHOURS BY CLASSIFICATION Revised : 11/22/2021 Construction Administration OWNER: Carmel — _ _.. .. PROJECT: Water Main Relocation ..� �.......a ...... Manhours by Classification Office Department Project, Project Engineer CAD Task, Mans er N Manager Manager En hear Intern Technician Total Meetings Prooect d,9nagoment � Project Management li 0 cti,'r,"Construction Acdmdnletratlon _J....••. I'"... I 1`.. ' 1-_,.... , _.. Prepare for Pre-Construction Meeting I 0 1 Attend Pre-Construction Meetitq .... 4 .., 4 Respond to RFIs 2 2 4 4 12 Prepare Change Orders 4 4 4 12 Review Submittals 4 4 8 16 Prepare for Progress Meetings ..... p '. Attend Progress Meetings _. ,! 0 ',. Review Progress Meeting Minutes .. .. ..... 0 Review Pay Estimates 0 prepare for Final Walk-Thru 0 Walk-Thru 0 Attend Finales.,. i -. Prepare Final Walk-Thru Notes!Out Does 0 'I Prepare Record Drawings 2... 4 8'... 14 Total Total Hours 0i,'... 0 16 r 10 20 ' 12 58 1 Hourly Rate S 300 00 S 300 00 $ 230.00 $ 170.00 S 125,00 S 125 00 Total Labor SO 00 SO 00 S3,680.00 S1 700.00 S2.500 00 S1..500 00 S9,380 00 ' DIRECT COSTS __ ._. ... _l , MILEAGE Meetings Distance Total Mileage Mieane Rate 1 350 350 ' S 0.39 $ 936.50 COPIES Pages Sets Total Pages Cost/PG 8 5 x 11 10 10 100 S 0.150 $ 1500 22 x 34 3 10 30 $ 1 71 S 51 30 ._... ........... ........�.Total Direct Costs S202 80 Labor Costs $ 9,380.00 Direct Costs $ 202.80 Total $ 9,582.80 Fee Amount to Use $ 9,600.00 DocuSign Envelope ID: 15E0B74B-OFAA-491E-A7BC-00BB8A086FBF DocuSign Envelope ID:6EF94A08-83F1-4E2F-BF8B-D97ED9FC21D0 ATTACHMENT "A-1" Classifications and Billing Rates Year 2021/2022 Classification Hourly Rate Office Manager $300.00 Department Manager 300.00 Project Manager 230.00 Project Engineer 170.00 Engineer Intern 125.00 Senior Environmental Analyst 215.00 Environmental Analyst 110.00 Land Surveyor 185.00 Senior Project Coordinator 275.00 Project Coordinator 130.00 CAD Technician 125.00 Survey Technician 135.00 R/W Services Technician 120.00 RPR 130.00 Legal/Contracts 230.00 Office Intern 65.00 Administration 125.00 The Hourly Rates are subject to revision in July of each year. 1 of 1 DocuSign Envelope ID: 15E0B74B-OFAA-491E-A7BC-00BB8A086FBF DocuSign Envelope ID:6EF94A08-83F1-4E2F-BF8B-D97ED9FC21DO 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 DocuSign Envelope ID: 15E0B74B-OFAA-491 E-A7BC-00BB8A086FBF DocuSign Envelope ID:6EF94A08-83F1-4E2F-BF8B-D97ED9FC21 DO EXHIBIT C AFFIDAVIT James B. Longest ,being first duly sworn, deposes and says that he/she is familiar with and has personal knowledge knowledge of the facts herein and, if called as a witness in this matter, could testify as follows: I I. 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 times relevant herein have been employed by Beam Longest & Neff (the"Employer") position the of President 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 Cannel, Indiana. 5. The Company does not knowingly employ any unauthorized aliens. FURTHER AFFIANT SAYETH NOT. EXECUTED on the 6th day of January , 2022 . by- ,36 . b. sf Printed: James B. Longest President 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 representation are true and correct. SCOTTANDREW KLUESNER Notary Pubic—Seal Printed: 5 Ca �U C�I �✓ Hamilton County—State of Indiana Commission Number 711206 My Commission Expires Mar 7,2026 DocuSign Envelope ID: 15E0B74B-OFAA-491E-A7BC-00BB8A086FBF DocuSignEnvelope ID:6EF94A08-83F1-4E2F-BF8B-D97ED9FC21D0 .„„ City of Carmel INDIANA RETAIL TAX EXEMPT PAGE 1 CERTIFICATE NO. 003120155 002 0 PURCHASE ORDER NUMBER ONE CIVIC SQUARE W10113 FEDERAL EXCISE TAX EXEMPT CARMEL , INDIANA 46032 THIS NUMBER MUST APPEAR ON INVOICES,A!P 35-6000972 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 12/14/2021 00351110 BEAM, LONGEST AND NEFF, L.L.C.. Carmel Utilities VENDOR 8126 Castelton Road SHIP 30 W Main St Indianapolis IN 46250 TO 2nd Floor Carmel, IN 46032 CONFIRMATION BLANKET 1 CONTRACT PAYMENT TERMS 1 FREIGHT i 1 QUANTITY i UNfr OF MEASURE DESCRIPTION UNIT PRICE EXTENSION 1.00 Each Design and engineering service 62, 400.00 62,400.00 AVAIL 06-1051-01 PLEASE INVOICE IN DUPLICATE Credit 0.00 Department Account Project Project Account AMOUNT PAYMENT 62,400.00 SHIPPING INSTRUCTIONS `AIP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND "SHIP PREPAID VOUCHER HAS THE PROPER SWORN AFFADAVIT ATTACHED- "C.O.D.SHIPMENTS CANNOT BE ACCEPTED *I HEREBY CERTIFY THAT THERE IS AN OBLIGATED B LANCE IN *PURCHASE ORDER NUMBER MUST APPEAR ON ALL THIS APPROPRIATION SUFFICIENT TO PAY FORT ABOVE ORDER. SHIPPING LABELS "THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO ORDERED BY „,„1,,, TITLE DOCUMENT CONTROL NO. W10113 CLERK-TREASURER