HomeMy WebLinkAboutAmerican Structurepoint, Inc./Street/$21,559.50/Keystone Bridge Overlay Project DocuSign Envelope ID:9E924DDF-D1O4-48BB-A216-96A773A6C2F9
American Structurepoint,Inc.
Street Department-2022
Appropriation#2201 2201 43-509.00 Motor Vehicle Highway Fund;P.O.#106636
Contract Not To Exceed$21,559.50P
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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.
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DocuSign Envelope ID:9E924DDF-D1O4-48BB-A216-96A773A6C2F9
American Structurepoint,Inc.
Street Department-2022
Appropriation#2201 2201 43-509.00 Motor Vehicle Highway Fund;P.O.#106636
Contract Not To Exceed$21,559.50
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 2201 2201 43-509.00
Motor Vehicle Highway 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 Twenty One Thousand Five Hundred Fifty Nine Dollars and Fifty Cents ($21,559.50) (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.
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DocuSign Envelope ID:9E924DDF-D1O4-48BB-A216-96A773A6C2F9
American Structurepoint,Inc.
Street Department-2022
Appropriation#2201 2201 43-509.00 Motor Vehicle Highway Fund;P.O.#106636
Contract Not To Exceed$21,559.50
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.
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DocuSign Envelope ID:9E924DDF-D1O4-48BB-A216-96A773A6C2F9
American Structurepoint,Inc.
Street Department-2022
Appropriation#2201 2201 43-509.00 Motor Vehicle Highway Fund;P.O.#106636
Contract Not To Exceed$21,559.50
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
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DocuSign Envelope ID:9E924DDF-D1O4-48BB-A216-96A773A6C2F9
American Structurepoint,Inc.
Street Department-2022
Appropriation#2201 2201 43-509.00 Motor Vehicle Highway Fund;P.O.#106636
Contract Not To Exceed$21,559.50
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.
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DocuSign Envelope ID:9E924DDF-D1O4-48BB-A216-96A773A6C2F9
American Structurepoint,Inc.
Street Department-2022
Appropriation#2201 2201 43-509.00 Motor Vehicle Highway Fund;P.O.#106636
Contract Not To Exceed$21,559.50
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.
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DocuSign Envelope ID:9E924DDF-D1O4-48BB-A216-96A773A6C2F9
American Structurepoint,Inc.
Street Department-2022
Appropriation#2201 2201 43-509.00 Motor Vehicle Highway Fund;P.O.#106636
Contract Not To Exceed$21,559.50
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
Street Department Office of Corporation Counsel
3400 W 131st Street One Civic Square
Carmel, Indiana 46074 Carmel, Indiana 46032
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DocuSign Envelope ID:9E924DDF-D1O4-48BB-A216-96A773A6C2F9
American Structurepoint,Inc.
Street Department-2022
Appropriation#2201 2201 43-509.00 Motor Vehicle Highway Fund;P.O.#106636
Contract Not To Exceed$21,559.50
PROFESSIONAL:
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.
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DocuSign Envelope ID:9E924DDF-D1O4-48BB-A216-96A773A6C2F9
American Structurepoint,Inc.
Street Department-2022
Appropriation#2201 2201 43-509.00 Motor Vehicle Highway Fund;P.O.#106636
Contract Not To Exceed$21,559.50
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.
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DocuSign Envelope ID:9E924DDF-D1O4-48BB-A216-96A773A6C2F9
American Structurepoint,Inc.
Street Department-2022
Appropriation#2201 2201 43-509.00 Motor Vehicle Highway Fund;P.O.#106636
Contract Not To Exceed$21,559.50
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.
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DocuSign Envelope ID:9E924DDF-D1O4-48BB-A216-96A773A6C2F9
American Structurepoint,Inc.
Street Department-2022
Appropriation#2201 2201 43-509.00 Motor Vehicle Highway Fund;P.O.#106636
Contract Not To Exceed$21,559.50
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:
r
Doccuu Signed by: �.^—A-DocuSigned by:
O72.,Gr921 O8& F18A U'c 23A 2U...
James Brainard,PPresiidi g Officer Authorizes lgnaaure
0/2022
Date:
Printed Name: Cash E. Canfield, PE
DocuSigned by:
ani 1(u t Ehrtit Chief Operating Officer
Py°AlWBke, Member
Date: 7/2o/2022 FID/TIN: 35-1127317
, ``DocuSigned by:
V'iri (PSAIn" 6/24/2022
efi S 2W"",GIs -'7/eV5o22 Date:
Date:
ATTEST:
DocuSigned by:
LWul-VrO
683A89D7A9844C5...
Sue Wolfgang, Clerk
Date: 7/20/2022
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DocuSign Envelope ID:9E924DDF-D104-48BB-A216-96A773A6C2F9
001
AMER,CAN Exhibit A 9025 RIVER ROAD,SUITE 200
STRUCTUREPOINT a7 INDIIAINAPOLIS. INDIANA 46240
NC TEL.317.547.5580
FAX 317.543.0270
June 22, 2022
Ms. Crystal Edmondson
Operations Manager
City of Carmel Street Department
One Civic Square
Cainiel, Indiana 46032
Re: Keystone Bridge Deck Overlay 2022
116th Street, Cainiel Drive, Main Street and Smoky Row
over Keystone Parkway
Construction Engineering
Cainiel Project No.Keystone Bridge Deck Overlay 2022
Dear Crystal:
On behalf of American Structurepoint, I am pleased to submit this proposal for construction inspection
services for the Keystone Bridge Deck Overlay project.
The professional services shall include all construction inspection and observation services necessary to
complete this project as described in Exhibit A, attached. The services perfoiiued under this Additional
Services Agreement shall be completed for a fee not to exceed $21,559.50 as outlined in the attached
manhour justification, and will only be billed as hours are used. Unused hours will not be invoiced. Any
laboratory services required for material testing purposes will be invoiced as a reimbursable expense with
no mark-up.
We look forward to working with the City of Cainiel on this project. If you should have any questions,do
not hesitate to contact Joe Dubyel at(317) 547-5580.
Very truly yours,
American Structurepoint, Inc.
ea
t,
ElCanfield,'PE
Chief Operating Officer
CEC:mma
Attachments
DocuSign Envelope ID:9E924DDF-D104-48BB-A216-96A773A6C2F9
SERVICES BY PROFESSIONAL
A. ENGINEERING PERSONNEL
For the fulfillment of all services outlined in Section B below,the Professional will provide one part-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 part-time Resident Project Representative will report to the City on all matters concerning contract
compliance and administration.
The part-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 Infoiivation 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 agreement.
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 his proposed suppliers and subcontractors
b. Additional details or infoiivation 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"A" 1 of 3 2022.01692
DocuSign Envelope ID:9E924DDF-D104-48BB-A216-96A773A6C2F9
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 confoiiu 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
deteiiuining 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. Perfoiiu concrete and compaction testing
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.
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: Review progress estimates prepared by the Contractor 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 perfoiiued and materials complete
in place in accordance with the contract.
13. Work Schedule and Suspension: The Professional's crew will be required to regulate their
workweek to confoiiu 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.
14. Contract Administration: The Professional will administer the contract in accordance with City's
procedures.
15. 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 perfoiiued by the
Professional on this project. These services will be perfoiiued and paid for based on an
amendment to this agreement to be negotiated between the City and the Professional.
Exhibit"A" 2 of 3 2022.01692
DocuSign Envelope ID:9E924DDF-D104-48BB-A216-96A773A6C2F9
16. 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 a
subconsultant approved by the City.
17. Professional shall not at any time supervise, direct, or have control over Contractor's work,nor shall
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 of
Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing
the Work.
Exhibit"A" 3 of 3 2022.01692
DocuSign Envelope ID:9E924DDF-D104-48BB-A216-96A773A6C2F9
EXHIBIT"A"
INSPECTION FEE JUSTIFICATION
MANHOURS BY CLASSIFICATION
OWNER: City of Carmel, Indiana
Street Department
DESCRIPTION: Keystone Bridge Deck Overlay 2022
116th Street, Carmel Drive, Main Street and Smoky Row
over Keystone Parkway Bridge Rehabilitations
LETTING: April 6,2022
EARLY START: May 28,2022
COMPLETION DATE: October 31,2022
ALLOWABLE CLOSUREs:
PRECONSTRUCTION ACTIVITIES: 7/3/2022 to 7/9/2022 = 1.00 weeks
CONSTRUCTION ACTIVITIES:
Carmel Drive 7/15/2022 to 7/18/2022 1.00 weeks
Smoky Row 7/22/2022 to 7/25/2022 1.00 weeks
Main Street 9/9/2022 to 9/12/2022 1.00 weeks
116th Street 9/16/2022 to 9/26/2022 2.00 weeks
POST-CONSTRUCTION ACTIVITIES: 10/9/2022 to 10/15/2022 = 1.00 weeks
7.00 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.
6/14/2022
DocuSign Envelope ID:9E924DDF-D104-48BB-A216-96A773A6C2F9
EXHIBIT"A"
LABOR
PROJECT MANAGER:
Regular time: 7.00 weeks @ 1 hours/week = 7 hours
PROJECT MANAGER TOTAL HOURS = 7 hours
RESIDENT PROJECT REPRESENTATIVE:
Preconstruction Activities:
Regular Time: 1.00 weeks @ 10 hours/week = 10 hours
Construction Activities:
Regular Time: 5.00 weeks @ 5 hours/week = 25 hours
Post-Construction Activities:
Regular Time: 1.00 weeks @ 10 hours/week = 10 hours
RESIDENT PROJECT REPRESENTATIVE TOTAL HOURS = 45 hours
INSPECTOR(S):
Construction Activities: (assume 1 inspector(s)needed):
Regular Time: 5.00 weeks @ 16 hours/week = 80 hours
Post-Construction Activities: (assume 0 inspector(s)needed):
Regular Time: 1.00 weeks @ - hours/week = - hours
INSPECTOR(S)TOTAL HOURS = 80 hours
6/14/2022
DocuSign Envelope ID:9E924DDF-D104-48BB-A216-96A773A6C2F9
EXHIBIT"A"
INSPECTION FEE SUMMARY
CONSTRUCTION INSPECTION SERVICES
CLIENT: City of Carmel, Indiana
DESCRIPTION: Keystone Bridge Deck Overlay 2022
116th Street, Carmel Drive, Main Street and Smoky Row
Rate Units Fee
Project Manager/Senior Engineer $ 210.00 7 $ 1,470.00
Resident Project Representative $ 165.00 - $ -
Resident Project Representative(overtime) $ 194.70 45 $ 8,761.50
Inspector(s) $ 120.00 - $ -
Inspector(s)(overtime) $ 141.60 80 $ 11,328.00
Note:All hours are assumed as overtime due to anticipated schedule(nights/weekend).
TOTAL INSPECTION FEE $ 21,559.50
6/14/2022
DocuSign Envelope ID:9E924DDF-D104-48BB-A216-96A773A6C2F9
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:9E924DDF-D104-48BB-A216-96A773A6C2F9
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:9E924DDF-D104-48BB-A216-96A773A6C2F9 Pa e 1 of 1
INDIANA RETAIL TAX EXEMPT 9
C]Jity cf Ciriiiiie1 CERTIFICATE NO.003120155 002 0 PURCHASE ORDER NUMBER
FEDERAL EXCISE TAX EXEMPT 116636
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
6/23/2022 00350562
AMERICAN STRUCTURE POINT, INC Street Department
VENDOR 9025 RIVER RD SHIP 3400 W. 131st Street
SUITE 200 TO Carmel, IN 46074-
INDIANAPOLIS,IN 46240 - Matt Higginbotham (317) 733-2001
PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT
66833
QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION
Department: 2201 Fund: 2201 Motor Vehicle Highway FND
Account: 43-509.00
1 Each Professional Services $21,559.50 $21,559.50
Sub Total $21,559.50
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Send Invoice To: "' f%v/ 4,„L,0 i%%//!%7/i%%%%
Street Department
/ fi
3400 W. 131st Street / r "
Carmel, IN 46074- �� �' !',� �
(317) 733-2001 PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
PAYMENT $21,559.50
SHIPPING INSTRUCTIONS *A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.0. 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 LABEL
*THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS 1945 7`� , �, (.,,,:,,G:
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY
Lee Higginbotham
TITLE Commissioner
CONTROL NO. 106636 CONTROLLER