HomeMy WebLinkAboutAmerican Structurepoint/Addl Serv 8/ENG/$13,000/Bray Homestead Wetland , a 'American Structurepoint.
.� Engineering-2012
Appropriation#211-4462838; P.O. #25848
Contract Not To Exceed$13,000.00
ADDITIONAL SERVICES AMENDMENT TO @g4OL t
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES t 6 40
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THIS AMENDMENT TO THE GOODS AND SERVICES AGREEMENT ("Agreement") entered into by and
between the City of Carmel and American Structurepoint (the "Vendor"), as City Contract 060210.04 shall amend the
terms of the Agreement by adding the additional services to be provided by Vendor consistent with the Scope of
Work attached hereto and incorporated herein as Exhibit "A". Furthermore, the terms of the Agreement shall be
amended to include the E-verify requirement as stated in Indiana Code § 22-5-1.7 et seq., which is attached hereto
and incorporated herein as Exhibit "B", as well as the required E-verify Affidavit, attached hereto and incorporated
herein as Exhibit "C". The terms and conditions of the Agreement shall not otherwise be affected by this Additional
Services Amendment and shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment as follows:
CITY OF CARMEL, INDIANA AMERICAN STRUCTUREPOINT
by and through its Board of Public
Works and Safety
By: By:
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dames Brainard, Presiding Officer Authorized Signature
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CITY ' OF MEL
March 29,2011 JAB BRAINARD, MAYOR
Mr. Willis R. Conner, PE, SE
Mr. Gregory L. Henneke, PE
American Structurepoint,inc.
7260 Shadeland Station
hndianapolis, IN 46256-3957
RE: Additional Service.Amendment#8, PO#25848
Dear Mssrs. Conner and Henneke:
As we discussed,the City of Carmel has a need for additional professional services and pursuant to our current
contract with American Structurepoint, Contract#060210.04, dated June 2,2010, 1 have requested and received
from you the proposed scope of services and fee estimates for the following work task:
Additional Service Amendment#8— Bray Homestead Wetland Mitigation
Inspection Services
Not to Exceed: $13,000.00
Per our contract procedural requirements, I hereby approve these Additional Professional Services.estimates,and
request that the Board of Public Works ratify-the above referenced Contract Amendment.
PLEASE NOTE
Please be advised that"Additional Services"performed on City contracts must be billed separately from the original
contract and other additional services. More importantly,the invoice must reference the appropriate Additional
Service#and P.O. #shown above. Invoices received without the Additional Service# referenced will be returned
for proper identification. Thank you for your continued assistance in providing the City of Carmel with your
professional,quality services. If you should have any questions, please give me a call.
Sincerely,
Michael T. McBride,P.E.
City Engineer
Exhibit _r"
Revi . d pproved by:
S. C. Engelkin
DEPARTMENT OF ENGINEERING Director of Administrati
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439
EMAIL engineeringecarmel.in.gov
EXHIBIT"A"
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 Information Meetings conducted by
the City.
The Professional shall be available for conferences as requested by the City to review working
details of the project. The City may review and inspect the activities whenever desired during the
life of.the 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 part-time Resident Project Representative shall.be thoroughly familiar with the
plans and specifications applicable to the project to monitor the Contractor to ensure that all
provisions therein are in compliance. 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 information when needed at the job site for proper execution of the
work
6. Certification of Materials: Check for completeness of certifications of materials delivered to the
site.
7. Shop Drawings
a. Receive shop drawings and falsework drawings. Check falsework drawings for
completeness and obtain structural engineer's approval of the proposed design. Forward
shop drawings to the design consultant for review and approval.
/4--
Exhibit A Page 1 of 3 ? 11,120040791
b. Review the approved shop falsework drawings, specifications and other submissions,
record receipt of this data, maintain a file of all drawings and submissions, and check
construction for compliance in accordance with the Contract Documents.
c. Alert the Contractor's field superintendent when it is observed that materials or
equipment is being or is about to be used or installed before approval of shop drawings or
samples, where such are required, and advise the City when it is necessary to disapprove
work as failing to conform to the Contract Documents.
8. Review of Work, Inspection, and Tests
a. Conduct on-site inspections for the City, of the work in, progress, as a basis for
determining that the project is proceeding in accordance with the Contract Documents
b. Accompany visiting inspectors representing local, state, or federal agencies having
jurisdiction over the project and report details of such inspections to the City
c. Verify that the required quality control sampling and testing has been accomplished and
materials certification has been provided by the Contractor
d. Review the Contractor's test/certification results and the City's independent assurance
tests for accuracy and retain in the project file
e. Questionable testing methods or results from the Contractor may initiate an increase in
the volume of assurance tests.
9. Modification: Consider and evaluate the Contractor's suggestions for modifications in drawings
and/or specifications and report them with recommendations to the City.
10. Records
a. Prepare and maintain at the job site orderly files of correspondence, reports of job
conferences, shop drawings and otherr submissions, reproductions of original Contract
Documents, including all addenda, change orders, and additional drawings subsequent to
the award of the Contract, progress reports, and other project related documents
b. Keep a diary or logbook, recording hours on the job site, weather conditions, list of
visiting officials,decisions, general observations,and specific observations with regard to
test procedures. Upon request, furnish copies of such a diary or logbook to the City.
c. Maintain for the City, a record of names, addresses, and telephone numbers of all
subcontractors and major material suppliers
d. Maintain a set of drawings on which authorized changes are noted and deliver to the City
upon request,but in any event, at the completion of the project
e. Prepare the Final Construction Record and Final Estimate as required by the City
11. Reports: Furnish to the City at periodic intervals, as required, progress reports of the project,
including the Contractor's compliance with the approved construction schedule
12. Progress Estimates: Prepare progress estimates for periodic partial payments to the Contractor
and deliver to the City for review and processing. The payments to the Contractor will be based
on estimates of the value of work performed and materials complete in place in accordance with
the contract.
13. Project Responsibility: The Resident Project Representative will be responsible for the
documentation of pay quantities and estimates and the maintenance of appropriate records related
to the construction of this project.
A-
3
Exhibit A Page 2 of 3 IN20040791
14. Work Schedule and Suspension: The Professional's crew will be required to regulate their
workweek to conform to the Contractor's hours in accordance with the directions of the.City. If
work on the construction project is suspended and all matters concerning contract compliance and
administration are complete, the services of the Professional may also be suspended without cost
to the project.
15. Contract Administration: The Professional will administer the contract in accordance with City's
procedures.
16. If directed by the City, the Professional shall prepare, as needed, design, survey, right-of-way,
and other services consistent with the previous services that have been performed by the
Professional on this project. These services will be performed and paid for based on an
amendment to this 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 a
subconsultant approved by the City.
•
•
/4-
Exhibit A Page 3 of 3 IN20040791
APPENDIX"1"
INFORMATION AND SERVICES TO BE FURNISHED BY CITY
The City shall furnish the Professional with the following.
1. A City's representative with decision-making authority on all inquiries
2. Assistance to the Professional by placing at its disposal all available information pertinent to
the project
Appendix "1" Page 1 of 1 IN20040791
APPENDIX "2"
SCHEDULE
The Professional will be prepared to begin the work under this Agreement within five (5) days after a
letter of notice to proceed is received from the City. The Professional shall complete and deliver the
final project documents and final estimate to the Project Manager within sixty (60) days after the
project's final acceptance by the City.
The assumed duration of the Project is ten weeks.
A.
c c
Appendix "2" Page 1 of 1 IN20040791
APPENDIX"3"
COMPENSATION
A. Amount of Payment
The Professional will receive payment for the work performed under this Agreement as
follows, unless a modification of the Agreement is approved in writing by the City.
1. Project improvements, excluding water main inspection
a. For those services performed by the Professional, the Professional will be paid
on the basis of actual hours of work performed by essential personnel
exclusively on this Agreement at the flat rate per category as depicted in
Exhibit"1."
b. The total compensation under this Agreement shall not exceed $13,000 unless
approved in writing by the City.
c. A breakdown of estimated costs for the project is as indicated in Exhibit "A".
B. Method of Payment
1. Payment shall be made monthly to the Professional upon submission to the City of an
invoice. The Professional shall furnish copies of time sheets for all personnel when
submitting invoices.
City shall pay Professional for all undisputed services rendered and stated on such
invoice within 45 days after the date of City's receipt of same. If the undisputed portion
of an invoice amount is not paid within 30 days of its receipt, Professional shall so
notify City in writing. If such undisputed portion of the invoice amount is not thereafter
paid within 15 business days after receipt of such written notice, then a late charge in a
sum equal to one percent of such unpaid and undisputed invoice amount shall accrue
and be immediately due and payable as a separate debt for each month same remains
unpaid.
In the event an invoice amount is disputed, City shall so notify Professional. If such
dispute is not resolved to City's satisfaction within ten business days after notice of
such dispute is sent by City to Professional, City shall pay such amount, under protest,
into the City Court of Carmel, which Court shall hold such money until notified of a
resolution signed by both parties hereto or the entry of a final judgment thereon.
2. It is the policy of the City that Resident Project Representative and/or inspectors be on
the construction site whenever the Contractor is engaged in any activity requiring
inspection or testing concurrent with the construction or activity.
In order for the Contractor to comply with the Contract Plans and Specifications and
complete the work within the time required, it is often necessary for the Contractor to
work more than an 8-hour day and more than a 5-day week. This in turn may require
the Resident Project Representative and inspectors to work over 40 hours per week.
Appendix "3" 1 of 2 tN 0z Q� 79�1
3. Professional shall maintain accurate payroll cost records acceptable for audit procedures
by the City.
4. In the event the Professional is directed by the City to perform inspection not included
in the description of work in this contract, the Professional shall prepare a supplemental
agreement to be approved by the City prior to commencement of such additional
services.
5. In the event the project is delayed or extended beyond the anticipated completion date
and the construction inspection services fee is depleted prior to the completion of all
inspections and final paperwork, the Professional shall discontinue work until an
approved supplemental agreement for additional services from the City is received.
Appendix "3" 2 of 2 rN2004079I
American Structurepoint
Engineering-2012
Appropriation#211-4462838; P.D.#25848
Contract Not To Exceed$13,000.00
EXHIBIT"B"
E-verify requirement
All terms defined in I.C. §22-5-1.7 et seq. are adopted and incorporated into this section of the Amendment.
Pursuant to LC. § 22-5-1.7 et seq., Vendor 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 Addendum. Vendor is further
required to execute the attached Affidavit, herein referred to as"Exhibit C",which is an Affidavit affirming that: (i)Vendor is
enrolled and is participating in the E-verify program,and(ii)Vendor does not knowingly employ any unauthorized aliens.This
Addendum incorporates by reference, and in its entirety, attached "Exhibit C." In support of the Affidavit, Vendor 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 Vendor and delivered to the City's authorized representative.
Should Vendor subcontract for the performance of any work under this Addendum, the Vendor 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.Vendor shall maintain a copy of such
certification for the duration of the term of any subcontract. Vendor shall also deliver a copy of the certification to the City
within seven(7)days of the effective date of the subcontract.
If Vendor, or any subcontractor of Vendor, knowingly employs or contracts with any unauthorized aliens, or retains
an employee or contract with a person that the Vendor or subcontractor subsequently learns is an unauthorized alien, Vendor
shall terminate the employment of or contract with the unauthorized alien within thirty(30)days("Cure Period"). Should the
Vendor or any subcontractor of Vendor 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.
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` American Structurepoint
Engineering-2012
•
Appropriation#211-4462838: P.O. #25848
Contract Not To Exceed$13,000.00
Exhibit"C"
E-Verify Affidavit
1,2 ,1. >3,-A«n ,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
Amer;ran S{,�(rfj�/4narn� inc. (the "Company") in the position
of flan��,e� B� Cnr�r._ k ,1 ff'a r5
3. I am familiar with the employment policies, practices, and procedures of the Company and
have the authority to act on behalf of the Company.
4. The Employer is enrolled and participates in the federal E-Verify program. Documentation
of this enrollment and participation is stated in the Addendum, "Exhibit B," to the original
City Contract#060210:04, and is incorporated herein.
5. The Company does not knowingly employ any unauthorized aliens.
6. To the' best of my information and belief, the Company does not currently employ any
unauthorized aliens.
7. FURTHER AFFIANT SAYETH NOT.
EXECUTED on the t I day of /fir,;/ 20 /2
Printed: / y.✓
I certify under the penalties for perjury under the laws of the United States of America and the State of
Indiana that the foregoing factual statements and representations are true and correct.
Printed: S VA,e.n'\g-k--Q-1—
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