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HomeMy WebLinkAboutAmerican Structurepoint, Inc./ENG/$362,596/106th Street and College Avenue RAB - Construction Engineering DocuSign Envelope ID:C28BEB39-AA3A-4A74-B5F6-707876087C77 American Structurepoint,Inc. Engineering Department-2022 Appropriation#2200 0 44-628.71 2020 Road Bond Fund;P.O.#106487 Contract Not To Exceed$362,596.00 lEP OVED 83y✓Bergey Gre*chukhh ad 5.33 am,Apr 28,2022 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. 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. SECTION 3 CITY'S RESPONSIBILITIES [C:AUsers\clivingstonVDownloadsVAmerican Struclurepoint,Inc.Professional Services.docx:4/27/2022 9:17 AM] 1 DocuSign Envelope ID:C28BEB39-AA3A-4A74-B5F6-707876087C77 American Structurepoint,Inc. Engineering Department-2022 Appropriation#2200 0 44-628.71 2020 Road Bond Fund;P.O.#106487 Contract Not To Exceed$362,596.00 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 2200 0 44-628.71 2020 Road 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 Sixty Two Thousand Five Hundred Ninety Six Dollars ($362,596.00) (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. SECTION 6 TERM [C:AUsers\clivingstonVDownloadsVAmecican Struclurepoint,Inc.Professional Services.docx:4/27/2022 9:17 AM] 2 DocuSign Envelope ID:C28BEB39-AA3A-4A74-B5F6-707876087C77 American Structurepoint,Inc. Engineering Department-2022 Appropriation#2200 0 44-628.71 2020 Road Bond Fund;P.O.#106487 Contract Not To Exceed$362,596.00 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. 7.5 Insurance [C:AUsers\clivingstonVDownloadsVAmecican Struclurepoint,Inc.Professional Services.docx:4/27/2022 9:17 AM] 3 DocuSign Envelope ID:C28BEB39-AA3A-4A74-B5F6-707876087C77 American Structurepoint,Inc. Engineering Department-2022 Appropriation#2200 0 44-628.71 2020 Road Bond Fund;P.O.#106487 Contract Not To Exceed$362,596.00 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 C. Excess/Umbrella Liability $2,000,000 (each occurrence and aggregate) [C:AUsers\clivingstonVDownloadsVAmecican Struclurepoint,Inc.Professional Services.docx:4/27/2022 9:17 AM] 4 DocuSign Envelope ID:C28BEB39-AA3A-4A74-B5F6-707876087C77 American Structurepoint,Inc. Engineering Department-2022 Appropriation#2200 0 44-628.71 2020 Road Bond Fund;P.O.#106487 Contract Not To Exceed$362,596.00 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. 7.7 Default [C:AUsers\clivingstonVDownloadsVAmecican Struclurepoint,Inc.Professional Services.docx:4/27/2022 9:17 AM] 5 DocuSign Envelope ID:C28BEB39-AA3A-4A74-B5F6-707876087C77 American Structurepoint,Inc. Engineering Department-2022 Appropriation#2200 0 44-628.71 2020 Road Bond Fund;P.O.#106487 Contract Not To Exceed$362,596.00 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. 7.11 E-Verify [C:AUsers\clivingstonVDownloadsVAmecican Struclurepoint,Inc.Professional Services.docx:4/27/2022 9:17 AM] 6 DocuSign Envelope ID:C28BEB39-AA3A-4A74-B5F6-707876087C77 American Structurepoint,Inc. Engineering Department-2022 Appropriation#2200 0 44-628.71 2020 Road Bond Fund;P.O.#106487 Contract Not To Exceed$362,596.00 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 Engineering Department Office of Corporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 PROFESSIONAL: [C:AUsers\clivingstonVDownloadsVAmecican Struclurepoint,Inc.Professional Services.docx:4/27/2022 9:17 AM] 7 DocuSign Envelope ID:C28BEB39-AA3A-4A74-B5F6-707876087C77 American Structurepoint,Inc. Engineering Department-2022 Appropriation#2200 0 44-628.71 2020 Road Bond Fund;P.O.#106487 Contract Not To Exceed$362,596.00 American Structurepoint, Inc. 9025 River Road, Suite 200 Indianapolis, Indiana 46240 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. 7.19 Representation and Warranties [C:AUsers\clivingstonVDownloadsVAmecican Struclurepoint,Inc.Professional Services.docx:4/27/2022 9:17 AM] 8 DocuSign Envelope ID:C28BEB39-AA3A-4A74-B5F6-707876087C77 American Structurepoint,Inc. Engineering Department-2022 Appropriation#2200 0 44-628.71 2020 Road Bond Fund;P.O.#106487 Contract Not To Exceed$362,596.00 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 [C:AUsers\clivingstonVDownloadsVAmecican Struclurepoint,Inc.Professional Services.docx:4/27/2022 9:17 AM] 9 DocuSign Envelope ID:C28BEB39-AA3A-4A74-B5F6-707876087C77 American Structurepoint,Inc. Engineering Department-2022 Appropriation#2200 0 44-628.71 2020 Road Bond Fund;P.O.#106487 Contract Not To Exceed$362,596.00 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. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: [C:AUsers\clivingstonVDownloadsVAmecican Struclurepoint,Inc.Professional Services.docx:4/27/2022 9:17 AM] 10 DocuSign Envelope ID:C28BEB39-AA3A-4A74-B5F6-707876087C77 American Structurepoint,Inc. Engineering Department-2022 Appropriation#2200 0 44-628.71 2020 Road Bond Fund;P.O.#106487 Contract Not To Exceed$362,596.00 CITY OF CARMEL, INDIANA American Structurepoint, Inc. by and through its Board of Public Works and Safety BY: BY: DocuSigned by: c—DocuSigned by: rU E.-../ e. e...4:42,L L o725R,a2131nFn¢1 El PA2(1CCF73A49j3 James Brir�e2,0Pr2esiding Officer Authorized Signature Date: Printed Name: Cash E. Canfield, PE c DocuSigned by: (.ark al^A' c, Title: Chief Operating Officer � Q9Y0B SER2?EA... Mary AnrNAcnyember Date: FID/TIN: 35-1127313 DocuSigned by: (,bri wa-Stirs- 4/27/2022 `-tbff .' tton,6Meomber Date: 22 Date: ATTEST: <DocuSignedlb`y:rJo..c. 00.Ac e.w.i nRZ ARQn7nn&AnnS 1 Sue Wolfgang Clerk 5/6/2022 Date: [C:AUsers\clivingstonVDownloadsVAmecican Stroclurepoint,Inc.Professional Services.docx:4/27/2022 9:17 AM] 11 000uoign Envelope ID:ouoo 6XH|RiT°A" / 8suvlCCS8YPROFE9SroNAL A. ENGINEERING PERSONNEL For the yu|0|mo8 of all services outlined in Section 8 hc|o*, the Professional will provide one | h/U'hme Resident Project Representative, inspectors, and dehcu| and secretarial personnel as required for period ofhme necessary to complete the construction project and Onu| construction | report. The qualifications and experiences of personnel provided by the Professional are subject to approval by the City, and no prmunnc| will be assigned to the project onh| {he Ci{y`a approval is obtained. The h/||-hmc Resident Project Representative will report to the City on all muUom concerning co/Vrwc1comp|iuuccondadmiuiytru ion. The full-time Resident Project Representative will coordinate project activities with Oty`o project manager, B. DESCRIPTION OF SERVICES |. Construction Schedule: Review and monitor (lie construction schedules prepared by the Contractor for contract compliance and provide detailed douumcniution and recommendations to the City concerning the ed\edu|c`uacceptability. 2. Conferences: Schedule, conduct, notify participants, and provide minutes of precooatmchou meetings, partnering meetings, progress meetings, and such other job conferences as required for the timely and acceptable conduct of the 'ob. Attend Public Information Meetings conducted bv the City. The Professional shall hc available for conferences oo requested bv tile City to review working details of the project. The City may review and inspect the activities whenever desired during the life ofthe agreement. ]. Liaison: Serve ao the City`s liaison with the Contractor, working principally through the Contractor's field Superintendent orsuch other person in authority as designated by the Contractor. The full-time Resident Project Representative shall be thoroughly familiar with thc plans and specifications applicable to the project to monitor the Contractor for compliance with (he provisions therein. Any deviation observed shall be addressed to the � � Contractor by the Resident Project Representative. Recommendations to obtain compliance also ohuU be reported to the City. � 4. Cooperate: Cooperate with the City in dealing with various federal, state, and |ouu| xgcxoica having jurisdiction over the project, 5. Obtain from the Contractor o. A |im1 of his proposed sopp|iem and subcontractors. b. Additional dc<ui!y or information when needed at the job site for proper execution o[the work, 6. Certification ofMaterials: Check for completeness of certifications of materials delivered 000uoign Envelope ID:ouoo 7. Shop Drawings a. Receive shop drawings and fa|ncwork drawings. Check fa|sework drawings for completeness and obtain structural engineer's approval of the proposed design. Forward shop drawings \o the design consultant for review and approval. b. Review thc approved shop fa|sepork 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 bmyb/e approval of shop drawings or samples, *hcvr such are required, and advise the City when it is necessary to disapprove work as failing to conform to the Contract OuounusVo. 8. Review of Work, Inspection, and Tests a. Conduct on'sitc inspections for the City` o[the work in progreoo, as a basis fbr determining that the project is proceeding in accordance with the Contract Documents. h. Accompany visiting inspectors representing local,state,or federal agencies having jurisdiction over the project andreportdetaiiaoyouchinopccdonvk/ thcCity. C. Verify that the required quality cunbn| sampling and Lcohng has been accomplished and n'ot*riuJo certification has been provided by the Contractor. Perform compaction testing and concrete testing an required by the contract documents. d. Review the Contractor's teoUocrtiOcation results and the Ci1y`s independent uaouruooe tests for accuracy and retain in the project file. c. (JueyhooaNc testing methods or results from the Contractor may initiate an increase in the vo|omzoy assurance tests. V. Modification: Consider and evaluate d`e Contractor's suggestions for modifications in drawings and/or specifications and report them with rccom/ncndations to the City. 10. F<ronrdo u. 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 aubaeqocnt to thc mvovd of the Cootmc\, pnnQrcns reports, and other project related documents. h. Keep odiury or logbook, recording hours oil the job site, weather conditions, list of visiting officials,decisions,general observations,and specific observations with regard\o test procedures, Upon request, furnish copies of such u diary orlogbook | to tile City. c. Maintain forthe City, a record of narnes, addresses, and telephone numbers of all subcontractors and major material Suppliers . d. Maintain u set o[drawings on v/h1uh authorized changes are noted and deliver to tile City upon request, but in any event, u|(he completion of the project. onouSign Envelope ID:Cu8sE 5 it. Reports: Furnish to the City' N periodic iuV*rvo|a, as required, progress reports of d)c project, including the Contractor's compliance with the approved construction schedule. 12. Progress Estimates: Prepare progress estimates for periodic partial poynucrtu to the Contractor and deliver to the City for review and processing. The payments to the Conti-actor will be based on c»hmmtea of the value of work performed and materials complete in place in accordance with the contract. |}. Project Responsibility: The Resident Project Representative will be responsible for the documentation nf pay quantities and estimates and the maintenance ofuppvnpdatenrovds related \n the construction o[this project. 14. Work Schedule and Suspension: The Professional's crew will be required 10 regulate their workweek to con5nnn to dlc Coo\ruotnr`u hours in accordance with the directions of the City. |f work nn the construction project isouxpeodedundu|| mattersconzomn|nAoonrruc{ compliance and administration are complete, (he services of the Professional may also he auupendcd without cost k/ the project. 15. Cnmo,»c(/\dminiutruinn: The Professional will administer the contract in accordance with Ci\y`nprncedureo. 16. If directed by the City, (he 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 pedhoncd and paid for huncd on an amendment tothis agreement to be negotiated between the City and the Professional. 17. If the City requests services beyond the scope of this agreement and capabilities of the Professional, Professional will prepare an amendment to provide these services through u suhoonon|Nn\approved hv the City, 10. Professional oho|| not u\any time supervise,direct,ur have control over Contractor's work, nor xhn|| Professional have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to the � � Contractor's work in progress, nor for any failure o[Contractor \ocomply with laws and regulations applicable(o Contractor's furnishing and performing the Work � � UNonW& AT|0N AND SPRpDCpSTousFNRN|SDEhBYC|TN' The City shall furnish the Professional with the following. |. A City`x representative with decision-making authority on all inquiries. 2. /\noiotanoc to the Professional by placing at its disposal all available information pertinent to the project. SCHLDll.E |. The Professional will be prepared to begin the services under this Agreement within five (5) days uftm' o letter of notice to proceed is received froin the City. The Professional shall complete and deliver (lie final project documents and final estimate to the Project Manager within sixty (60)duyo after the p `eut'a final acceptance by the City, 2. The amnomcd duration m[the Project ia498 days. DocuSign Envelope ID:C28BEB39-AA3A-4A74-B5F6-707876087C77 EXHIBIT''A" INSPECTION FEE JUSTIFICATION MANHOURS BY CLASSIFICATION OWNER: City of Carmel DESCRIPTION: 106th Street and College Avenue Roundabout Carmel Project No.20-ENG-02 LETTING: January 19,2022 NOTICE TO PROCEED: February 21,2022 EARLIEST START DATE: June 6,2022 INTERSECTION CLOSURE: 60 days SUBSTANTIAL COMPLETION December 2,2022 FINAL COMPLETION DATE: January 3,2023 PRECONSTRUCTION ACTIVITIES: 4/3/2022 to 6/4/2022 = 9.00 weeks CONSTRUCTION ACTIVITIES: 6/5/2022 to 12/3/2022 = 26.00 weeks INTERSECTION CLOSURE: 9/3/2022 to 11/4/2022 9.00 weeks POST-CONSTRUCTION ACTIVITIES: 12/4/2022 to 1/7/2023 = 5.00 weeks 49.00 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. 4/4/2022 DocuSign Envelope ID:C28BEB39-AA3A-4A74-B5F6-707876087C77 EXHIBIT"A" LABOR PROJECT MANAGER: Regular time: 49.00 weeks 3 hours/week = 147 hours PROJECT MANAGER TOTAL HOURS = 147 hours SENIOR RESIDENT PROJECT REPRESENTATIVE: Preconstruction Activities: Regular Time: 9.00 weeks 10 hours/week = 90 hours Construction Activities: Regular Time: 35.00 weeks 15 hours/week = 525 hours Overtime(assume 0%) 525 0% = hours Post-Construction Activities: Regular Time: 5.00 weeks 5 hours/week = 25 hours SENIOR RESIDENT PROJECT REPRESENTATIVE TOTAL REGULAR HOURS = 640 hours SENIOR RESIDENT PROJECT REPRESENTATIVE TOTAL REGULAR HOURS = - hours ASSISTANT RESIDENT PROJECT REPRESENTATIVE: Preconstruction Activities: Regular Time: 9.00 weeks 5 hours/week = 45 hours Construction Activities: Regular Time; 35.00 weeks 40 hours/week = 1,400 hours Overtime(assume 0%) 1,400 0% - hours Post-Construction Activities: Regular Time: 5.00 weeks 40 hours/week = 200 hours ASSISTANT RESIDENT PROJECT REPRESENTATIVE TOTAL REGULAR HOURS = 1,645 hours ASSISTANT RESIDENT PROJECT REPRESENTATIVE TOTAL REGULAR HOUR; = - hours INSPECTOR(S): Construction Activities: (assume 1 Inspector(s)needed): Regular Time: 9.00 weeks 40 hours/week = 360 hours Overtime(assume 10%) 360 10% = 36 hours Post-Construction Activities: (assume 0 inspector(s)needed): Regular Time: 5.00 weeks - hours/week = - hours INSPECTOR(S)TOTAL REGULAR HOURS = 360 hours INSPECTOR(S)TOTAL OVERTIME HOURS = 36 hours 4/4/2022 DocuSign Envelope ID:C28BEB39-AA3A-4A74-B5F6-707876087C77 EXHIBIT"A" INSPECTION FEE SUMMARY CONSTRUCTION INSPECTION SERVICES CLIENT: City of Carmel DESCRIPTION: 106th Street and College Avenue Roundabout Carmel Project No.20-ENG-02 agsi Units Fee Project Manager $ 185.00 147 $ 27,195.00 Senior Resident Project Representative $ 140.00 640 $ 89,600.00 Senior Resident Project Representative(Overtime) $ 162,40 - $ Assistant Resident Project Representative $ 125.00 1,645 $ 205,625,00 Assistant Resident Project Representative(Overtime) $ 145.00 - $ Inspector(s)(Regular) $ 100.00 360 $ 36,000.00 Inspector(s)(Overtime) S 116.00 36 $ 4,176.00 TOTAL INSPECTION FEE $ 362,596.00 4/4/2022 DocuSign Envelope ID:C28BEB39-AA3A-4A74-B5F6-707876087C77 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:C28BEB39-AA3A-4A74-B5F6-707876087C77 EXHIBIT C AFFIDAVIT Ben Braun , 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 am now and at all times relevant herein have been employed by American Structurepoint, Inc. (the "Employer") in the position of Executive Vice President/Partner 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 93 11'` day of Apr / , 20 Printed: /4W/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. I 4 / / . 1 k_( , Megan M.Adams Printed: iL(ALL,C) Notary Public Sisal State ol Indianaii Hamilton County C„) COCAM11110(1 Number NP07390213 NY Commission Expires 3/7/2030 DocuSign Envelope ID:C28BEB39-AA3A-4A74-B5F6-707876087C77 Page 1 of 1 RETAILINDIANA City of Iirnnie1 CERTIFICATENO.0031 003120155 002 0 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 1 II HI ,, ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES,A/P 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 4/26/2022 00350562 Professional Services Contract Dated May 4,2022 AMERICAN STRUCTURE POINT, INC City Engineering's Office VENDOR 9025 RIVER RD SHIP 1 Civic Square SUITE 200 TO Carmel, IN 46032- INDIANAPOLIS, IN 46240- Laurie Slick PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 65277 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 2200 Fund: 0 2020 Road Bond Account: 44-628.71 1 Each 20-ENG-02 - 106th St&College Ave RAB - $362,596.00 $362,596.00 Construction Engineering Sub Total $362,596.00 /J, / / /„ , ///%/Ante '"/i�i�� //ief ' `'' % % °iC % f% IAr % / is +r J Send Invoice To: Yi/'''%%�71r'I ' /i%f/11, y CrossRoad Engineers � Jill Newport jnewport@crossroadengineers.com Ah % to PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT 0 PROJECT PROJECT ACCOUNT AMOUNT PAYMENT $362,596.00 SHIPPING INSTRUCTIONS *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 *SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED 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 LASE *THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS 194 ' ,. e:.,---e AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY ////' Jeremy Kashman James Crider TITLE Director Director of Administration CONTROL NO. 106487 CONTROLLER