McComas Eng. $30,000; P.O. 31795 Sponsor: Councilor Finkam
RESOLUTION CC-04-20-15-02
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA, APPROVING CARMEL REDEVELOPMENT COMMISSION
PROFESSIONAL SERVICES CONTRACT WITH McCOMAS ENGINEERING
WHEREAS, THE City of Carmel Common Council ("Council") created by ordinance
the Cannel Redevelopment Commission("CRC"); and
WHEREAS, by subsequent ordinance, the Council requires the CRC to seeks its
approval, by simple majority vote, of all goods and services contracts that exceed Twenty-Five
Thousand Dollars ($25,000.00) in a calendar year (the "Threshold Amount"); and
WHEREAS, the CRC now desires to enter into the professional services contract with
McComas Engineering the same being attached hereto as Exhibit A, which contract (the "Goods
and Services Contract") is in an amount that exceeds the Threshold Amount; and
WHEREAS, the CRC has presented the Professional Services Contract to the Council
and has requested approval of the same.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Cannel, Indiana, as follows:
Section 1. The foregoing Recitals are incorporated herein by this reference.
Section 2. The Contract should be and the same is hereby APPROVED by the Common
Council of the City of Carmel, Indiana.
PASSED by the Common Council of the City of Cannel, Indiana, this 20 day of
, 2015, by a vote of 1 ayes and (J nays.
•
This Resolution was prepared by Douglas C.Haney, Carmel City Attorney,on 4/9/15 at 11:30 a.m. No subsequent
revision to this Resolution has been reviewed by Mr.Haney for legal sufficiency or otherwise.
Sponsor: Councilor Finkam
i
■
COMMON COUNCIL FOR THE CITY OF CAR1VIELAp
i
I -wow
Presiding O ficer / evin D. Rider
1j/e": NAL-01
Richard L. Sharp,Pre dent Pro Tempore Carol Schleif
Ro d E. Carter W. Eric Seidensticker /
■' ' /I ■--110 OM, .4 .1d4-.al Aill''
S - i kam i uc. :n der
ATTEST: y
Diana L. Cordray, IAMC, Clerk-Treas•rr r
S1-
Presented by me to the Mayor of the City of Carmel, Indiana this o ` day of
2015, at cl%'-t'-f P.M.
/
/6d4A-A).-
Diana L. Cordray, IAM , Clerk-Treasurer
Approved by me,Mayor of the City of Carmel, Indiana,this c - day of
0.4p"."....1 2015, at 01 40 P.M.
ti (2- ------6
aities Brainard,Mayor
ATTEST:
/ l� 1 •
Diana L. Cordray, IAMC, Clerk-Treas f er
Resolution CC-04-20-15-02
Page 2 of 2
This Resolution was prepared by Douglas C.Haney,Carmel City Attorney,on 4/9/15 at 11:30 a.m. No subsequent
revision to this Resolution has been reviewed by Mr.Haney for legal sufficiency or otherwise.
EXHIBIT A
McComas Engineering
CRC-2015
Appropriation#902-4340100;P.O.#31795
Contract Not To Exceed$30,000.00
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is hereby made and entered into by
and between the Carmel Redevelopment Commission (hereinafter "CRC"), and McComas Engineering (hereinafter
"Professional").
RECITALS
WHEREAS CRC owns and is responsible for the operation and maintenance of its property, personnel,
public works and infrastructure; and
WHEREAS, from time to time, CRC needs professional assistance in fulfilling its foregoing responsibilities;
and
WHEREAS, Professional is experienced in providing and desires to provide to CRC the professional services
("Services") referenced herein; and
WHEREAS, CRC 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, CRC 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 CRC 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 CRC may, from time to time, request Professional to provide
additional or modified Services to CRC. When CRC desires additional Services from Professional, the CRC
shall notify Professional of such additional Services desired, as well as the time frame in which same are to
be provided. Only after CRC 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 CRC. A copy
of the CRC's authorization documents for the purchase of additional Services shall be numbered and
attached hereto in the order in which they are approved by CRC.
2.3 Time is of the essence of this Agreement.
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McComas Engineering
CRC-2015
Appropriation#902-4340100;P.O.#31795
Contract Not To Exceed$30,000.00
SECTION 3. CRC'S RESPONSIBILITIES
•
3.1 CRC shall provide such information as is reasonably necessary for Professional to understand the Services
requested.
3.2 CRC shall provide all data required for provision of Services. Professional may assume that all data so
provided is correct and complete.
3.3. CRC shall arrange for Professional to enter upon public and private property as reasonably required for
Professional to perform the Services.
3.4 CRC shall designate payment of the Services from City budget appropriation number 902-4040100 funds.
3.5 CRC shall designate the Executive Director or her duly authorized representative to act on CRC'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 CRC 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 CRC hereunder shall be no more
than Thirty Thousand Dollars ($30, 000.00) (the "Estimate"). Professional shall submit an invoice to CRC no
more than once every thirty (30) days for Services provided CRC 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. CRC shall
pay Professional for all undisputed Services rendered and stated on such invoice within thirty five (35) days
from the date of CRC receipt of same.
5.2 Professional agrees not to provide any Services to CRC that would cause the total cost of same to exceed
the Estimate, without CRC's prior written consent.
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McComas Engineering
CRC-2015
Appropriation#902-4340100;P.O.#31795
Contract Not To Exceed$30,000.00
SECTION 6. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Section 7.1
hereinbelow, this Agreement shall be in effect from the Effective Date through December 31, 2015, 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 CRC 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 CRC,for cause, immediately upon Professional's receipt of CRC'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.
CRC 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 CRC 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 CRC for and
from any and all costs, fees, expenses and/or damages incurred by CRC 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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McComas Engineering
CRC-2015
Appropriation#902-4340100;P.O.#31795
Contract Not To Exceed$30,000.00
7.5 Insurance.
Professional shall procure and maintain with an insurer licensed to do business in the State of Indiana such
insurance as is necessary for the protection of CRC and Professional from all claims under workers'
compensation, occupational disease and/or unemployment compensation acts, because of errors and
omissions, because of bodily injury, including, but not limited to, the personal injury, sickness, disease, or
death of any of Professional's employees, agents or contractors and/or because of any injury to or
destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage
amounts shall be no less than those amounts set forth on attached Exhibit C. Such insurance policies shall
not be canceled without thirty(30)days' prior written notice to CRC.
7.6 Liens.
Professional shall not cause or permit the filing of any lien on any of CRC'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, CRC shall have the right
to pay or bond over such lien at Professional's sole cost and expense.
7.7 Default.
In the event Professional: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Professional's warranties; (b) fails to perform the Services as specified; (c) fails to
make progress so as to endanger timely and proper completion of the Services and does not correct such
failure or breach within five (5) business days after receipt of notice from CRC 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, CRC 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 CRC 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 CRC 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.
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McComas Engineering
CRC-2015
Appropriation#902-4340100;P.O.#31795
Contract Not To Exceed$30,000.00
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
Pursuant to I.C. § 22-5-1.7 et seq., Professional shall enroll in and verify the work eligibility status of all of its
newly-hired employees using the E-Verify program, if it has not already done so as of the date of this
Agreement. Professional is further required to execute the attached Affidavit, herein referred to as Exhibit D,
which is an Affidavit affirming that: (I) Professional is enrolled and is participating in the E-verify program, and
(ii) Professional does not knowingly employ any unauthorized aliens. This Addendum incorporates by
reference, and in its entirety, attached Exhibit D. In support of the Affidavit, Professional shall provide the
CRC 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 CRC'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 CRC 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 CRC 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.
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McComas Engineering
CRC-2015
Appropriation#902-4340100;P.O.#31795
Contract Not To Exceed$30,000.00
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:
CRC:
Carmel Redevelopment Commission Douglas C. Haney
30 W. Main Street, Suite 220 Carmel City Attorney
Carmel, Indiana 46032 One Civic Square
ATTENTION: Corrie Meyer Carmel, Indiana 46032
PROFESSIONAL:
McComas Engineering
1717 East 116th Street, Suite 200
Carmel, Indiana 46032
ATTENTION: Rod McComas, P.E., S.E.
Notwithstanding the above, CRC 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.
Effective Eff ive 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.
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McComas Engineering
CRC-2015
Appropriation#902-4340100;P.O.#31795
Contract Not To Exceed$30,000.00
7.17 Non-Assignment.
Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder without CRC'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.
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.
CRC 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. CRC agrees that all ownership rights and
copyrights thereto lie with Professional, and CRC will use them solely for and on behalf of its own operations.
CRC 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 CRC. 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.
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McComas Engineering
CRC-2015
Appropriation#902-4340100;P.O.#31795
Contract Not To Exceed$30,000.00
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. CRC 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 Proiect
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 CRC's organization.
7.26 IRAN CERTIFICATION.
Pursuant to I.C. § 5-22-16.5, the Professional shall certify that, in signing this Agreement, it does not engage
in investment activities within the Country of Iran.
7.27 ACCESS TO PUBLIC RECORDS ACT
Professional understands and agrees that any"public record", as that term is defined in Indiana Code 5-14-3-
2(m), as amended, that is related to the subject matter of this Agreement, whether the same is in the
possession or control of the Professional or the CRC, 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 sec., as
amended.
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McComas Engineering
CRC-2015
Appropriation#902-4340100;P.O.#31795
Contract Not To Exceed$30,000.00
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
Carmel Redevelopment Commission McComas Engineering
BY: BY:
o
Corrie Meyer, Executive Director Authorized Signature
Date: Rod McComas
Printed Name:
Title: President
William Hammer, President 35-1837963
Date: FID/TIN:
Last Four of SSN if Sole Proprietor:
Date: 04/07/2015
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McComas Engineering
CRC-2015
Appropriation#902-4340100;P.O.#31795
Contract Not To Exceed$30,000.00
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
Carmel Redevelopment Commission McComas Engineering
BY: BY:
Coi,cti
Corrie Meyer, Executive . ector Authorized Signature
Date: t i l l ' i c-
(thZ Printed Name:
Title:
William Hammer, resident •
Date: �i I ,�- FID/TIN:
Last Four of SSN if Sole Proprietor:
Date:
(C:O sast nlciAppDatalLocahMicrosoft∎WindmvslTcm,wrary Interim Filcs1 Contort.Outlook;BVPMOJWU,McComas Enuring-CRC Pmfasia»7 SuvicAs.doc3;91/20151:10 PMJ
tXt)iblT /t
McCOMAS ENGINEERING tt
Structural Engineers
•
PROPOSAL AGREEMENT FOR SPECIALTY STRUCTURAL ENGINEERING SERVICES
March 16,2015
William Hammer
Carmel Redevelopment Commission
30 Main Street, Suite 220
Carmel, Indiana 46032
Reference: Palladium—Truss T2 Repair
Carmel,Indiana
Dear William,
We propose to render professional specially structural engineering services in connection with
the Palladium—Truss T2 Repair in Carmel, Indiana(hereinafter called'the.project").This
proposal represents a legal agreement between McComas Engineering,the specialty structural
engineer of record(SSR),and Carmel Redevelopment Commission(Client).We will provide the
Basic Services as described in the attached Scope of Basic Services.Terms and Conditions shall
be as provided in this proposal.
Scope of Basic Services
The Specialty Structural Engineering Basic Services to be provided are as follows:
1. Provide engineering and documentation for the possible enhancement of the connection
capacity of Truss T2.The specific connections are the(4)stub column(post)connections to
the top chord of Truss T2.Truss T2 is on both the east and west sides of the building.There
are(2)trusses,therefore,(8)connections are in the scope of basic services.
2. Review of the following documents for determination of truss/post connection retrofit.
a. Construction documents dated 2/15/08:
i. Sheet 82.07 Technical Attic Intermediate Plan
H. Sheet S3.07 Technical Attic Dimension Plan
iii. Sheet 85.01 Truss Elevations.
b. Lynch,Harrison&Brumleve ASi#103 dated 10/6/09:
i. Details S-01,S-05,S-06,S-07, S-08 and S-08a.
c. Walter P.Moore'Pricing Only"sketches,date unknown:
i. (2)Sketches.
3. Provide certified sketches of retrofit of connections.
a. Analysis of the entire building structure will not be done.
b. Connection design will be accomplished using the maximum capacity of the truss
members.
4. (1)On-site meeting with Client and Contractor to discuss retrofit construction.
5. Review of submittals for items designed by McComas Engineering.
6. (4)On-site observation visits during construction of retrofit.
7. (1)On-site observation at completion of retrofit construction.
8. Provide final project documentation to the Client.
9. Terms and Conditions as listed below.
Fee for Basic Services
1. Based on the stipulations in this letter,the lump sum fee(LSF)for Basic Services will be:
$30,000.00,(thirty thousand dollars.)
2. Reimbursable expenses will be billed to the Client as stated in Reimbursable Expenses listed
below.Reimbursable expenses are not part of the Basic Service fee.
Palladium—Truss T2 Repair Proposal 3/16/2015
www.mccomase.ng.com 317-580-0402 1717 East 116th Street,Suite 200,Carmel,Indiana 46032 1 of 5
tit x
McCOMAS ENGINEERING
Structural Engineers
Fee for Additional Services
1. Fees for additional services will be billed to the client at an agreed upon price,or at the stated
hourly rates. A letter authorizing McComas Engineering to proceed with additional services
must be received before any work will be done.Hourly rates are as follows:
Principal $220.00 QC Engineer $180.00
Engineering Manager $180.00 BIM Manager $130.00
Project Manager $160.00 BIM Designer $110.00
Design Engineer $140.00 Administration $ 40.00
2. Changes to the Scope of Basic Services shall be subject to additional fees based on the hourly
rates or as negotiated.
Billing
1. The cost of specialty structural engineering services will be billed to the Client, based on
percentage complete,as outlined in Fee for Basic Services.
2. In the event of the project being stopped or delayed, Client shall pay McComas Engineering
for al!work completed up to the notice to stop work.
Items Not In Scope Of Work
McComas Engineering assumes no responsibility, neither stated nor implied,for the adequacy of
the following:
1. Architectural layout,design,programming,function,aesthetics,compatibility,dimensions,etc.
2. Mechanical,Electrical, Plumbing layout,design,function,compatibility,dimensions,etc.
3. Site and civil layout,design,function,compatibility,dimensions,grading,etc.
4. Fire protection layout,design,function,compatibility,dimensions,etc.
5. Landscape layout,design,function, compatibility,dimensions, etc.
6. Services relating to Special Inspections,as outlined in IBC.
7. Hazardous materials. •
8. The following is required for this project. Required firms and services will be under direct
contract with the Owner.
1) Special Inspection Firm:Providing on-site special inspections as outlined in IBC.
2) Testing Agency: Providing on-site testing services.
3) Firms will be under the direction of McComas and the Owner.
This proposal,consisting of five pages,represents the entire understanding between the Client and
McComas Engineering with respect to the project and can only be modified in writing signed by
both firms. If it satisfactorily sets forth your understanding of our agreement, please sign this
proposal and return it to McComas Engineering.
Thank you very much for considering McComas Engineering for this project.
Sincerely,
McCOMAS ENGINEERING,INC. Accepted:
p.�� himMfom,.Y.E.K.
4E.:
tlt.: E.waam�smromn
Rid Moramrss,P.E..SE.: ',•.s.;;,.,,E sRa -ate By:
*4.4W ANSA.ant
zAWW Title:
Rod McComas,P.E., S.E.
President Date:
Palladium—Truss T2 Repair Proposal 3/1612015
www.mccomaseng.com 317-580-0402 1717 East 116th Street,Suite 200,Carmel,Indiana 46032 2 of 5
i `fS• ENG NEER1VCM CQMA . a
. Structural Engineers:
An Agreement Between:Client antl Specialty:Structural Engineer or Professional Services;
TERMS.AND CONDITIONS
McComas,Engineering,,inc o 4i S a Struural E neer SS - ,;shall perform the s4ervices;outlined iii
1 - .4 n5 C `
this agreement forthe statetlfee agreement
Section"1._General •11 This Agreement
1 11 Ttiese Terms and Condfions'along with the Leber of Agreement,form the Agreementas if they were part of one.
and the same do ument :Unless otherwise specified,this Agi meat shall•tie governed.by;the taws ofthe
principal'piace ofbusiness.,of McComas Engineering Ina.,
1'.1.2 The Letter;+greement may limit or negate the appCrcabTTily of these Terms and.Conditions..Su i limitation shall
lake precedencetover:povis'Ins' of his;ExhibiL,
1.2. General Obligations of MCCOMAS ENGINEERING,INC.and the Client
121 McComas Engineering,Inc; shall perform Professionalservices as;specified;In the Letter Agreement
and detailed to ttsese Terms and'Conditions In rendering these services,McCOMAS ENGINEERING,iNC-,
shall apply the skill and standard of care ordinarily exercised(by structi ral engineers',?at the and place t e '
sennoes are rendered
1;22: The Client shall provide McCOMAS ENGINEERING,INC with one copy of all drawings,.specifications,and:
reports;as wen as�updated drawings,relating to t his.part of time work
1.2,3' The Client strati provide all criteria and ittfi in fomrabon with regard to his or her requirements-:for the .--roject;::
and shall designate a person to actvuith authority on his:or her behaif with respect tool)aspects of the Project.
1:24 The Client shall arrange for McCOMAS ENGINEERING INC to have access`to the proposed;site,if
McCOMAS ENGINEERING,INC recommends that such visits are appropriate or deesirable
1.2.5 MccoMAS ENGINEERING,INC.;=shall designate:a person tot act with authority an his or her behalf with
. respect oallaspectsofthe:Proieot.;. ,:
ill i6 RCCO AS ENGiNEt RING,INC;shall be allowed.to;communicate.,directly:with tip Structural Engineer`of
(SER)-•
1.3 GeflMbons •1:31 Structural Engineerof Record{SER)is the engineer legally eligible to seal the Structural Documents:for the:
Project°-TMs seal acknowledges that tre'er she has=performed or supervised the analysis,design and
document preparation for thee budding structure and has knowledge of the equir ments for tFie toad carrying. .•
structural system,Tire SER is responsible forthe design of the'Ptimary.Structural;Systern
•1.3.2 Primary StructdralSystem is the completed.,combination of elements which serve to support the build'ing's:
self weight, lop:.applicable'live toad.(which,is based upon the occupancy and'use of the spaces), the;
environrr ental toads such.as wind a td ttierrnal,plus;the seismic loading CurtNitfes if inembers,:norWoad:•:
:,bearing walls orexterior facade are exampleof items iiuhich are;not part of the Primary Structural System
'1.3 3 Specialty Structural Engineer McComas Engineering,Inc.is the licensed professional engineer providing.
structural engineering for a'comporlent of Hine•budding.not time St uctural,Engineer of Record,who performs
structural engineenng:functions necessary for ihe stn ctmr+e:ta.be completed. McComas leering,Inc.
assumes no responsibility for the function of the budding,
13 4 'Secondary Structural Elements are elements that arestructurally significant forthe function they serve but;•do not contribute to the strength or s,,..--ty of tide primary structure. Examples may nxArde,but are;not be
limited to:suppo t beams above Hie,primary-roof.;structure which carry a:chifier,�elevator�support rails and;
beam retaining walls independent of the primary budding 114',flagpole or light polefoundations
1.3 5 NonStruc 1.!..:lements areelements of astiuucture t(at are not PmnaryorSecondaryStr u ural Elements.
_items in this category could:"be exterior curtainwaits and•claddi non-bearing partitions,stair ra'lings{etc:.
1.3 6 Reimbursable Expenses,are expenses incurred directly or indirectly moo with the:s,andt,such as,
'•but not limited to°transpostaton meals and lodging for travel,long distance•t hone calls and facsimile;.
.' •transmissions,deliveries,cotrrterservices,'prafessioriaf sernoes`sales taxes.and the cost of 1eproductions.._•'_See Reimbursable Expenses table defow•
Section 2-Basic Services'
2.1 General_ •211 The Bailie Services ofMcCOMAS ENGINEERING.INC.shall inctudethe::Professional—se rvices designated iii`:
LetterProposal:.
Section 3—Exclusions
3.1 General
Pallad um, ,Truss T2:RepairProposa! 31'16121)15
www mecorriaseng coni 317-580-t)d02+< 1717 East°1 6"':Street,Suite 200 Carmel,indiana 46032` 3 of 5
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MoCOMAS:ENGINEERING
Structural Engineers
3.3:1 McCOMAS ENGINEERING, INC. shall not•,be responsible for errors or omissions In the design criteria;
provided by the Client.
3.3.2• McCOMAS ENGINEERING INC shall not be responsible,for the design Or adequacy portion of
the structire other than that designed under this contrail
• 3.3.3• MoCOMAS ENGINEERING,INC.shall not be responsible for dimensional;coordination between his or,her>
• work,andthe,primarystru Lure The`coordination shall be theresponsibility'OftheClientorContractor.; •
.
Section 4 AdditionalServtces
- 4.1 General; -
4s1.1 Services beyond;those of tlined;under Basic Services may requested These may to provided by,.
• McCOMAS ENGINEERING, INC.,under terms mutually'agreed upon; by the Client'and McCOMAS,-
;ENGINEERING INC..
Sectionb Fees and Paymente
• 51 Fees and Other Compensation
6:11 'Fees for Basic Services Additional:Services,sand Compensatli for Reimbursable;:Expenses:are set forth In
'the Letter Agreement. .
5.2 Payments:en Account
5:2.1 involcesfer McCOMAS E GGINEERI NG.INC.s services shall at McCOMAS'ENGINIfrRING;
. eINC'soption,either upon completion phase
of any .of the service or an a monthly basis. Invoices arepayabte' .
'whirr rendered and shall be'considered PAST!DUE if hat paid within 30 days of the invoice date.
5 2 2 ,=Any Inquiry or questions cdnceming the substance or content of any invoice_shall`;be made to McCOMAS°
ENGINEERING. INC in writing within 10_days nf�receipt of;the Invoice A failure to notify McCO_MAS•
'ENGINEERING, INC:"within this'period shall constitute an,ecknowfedgnient that the stvrice has been: •
provided;
6 3 Late Payments..
5:31 A service charge::w ll be charged at,the**leaf 16%::.(18%true annual:rate)per'month or the maximum: . •
allowable by law.on the then outstanding balance-of PAST DUE accounts In the'event any portion of the
°:account remains:unpaid 90 days after,biling,;:he Client ww11 pay all costs::of collection,including reasonable'
-attorney`s fees:
•
Section 6—Insurance,Indemnification and Risk Allocation
61 Insurance
6.11S, McCOMAS ENGINEERING,INC.;shall secure and endeavor to maintain professional`liabiility insurance,.:
• . commercial general liability insurance,. and .automobile .liability "insurance to protect McCOMAS'
ENGINEERING,INCTLIMM sclaims for negligence,bodily injury,death or property damage which may arise";
out of the performance of McCOMAS:ENGINEERINNG,INC's services imder this Agreement;and from claims.
underthe Workers'Compensation Acts. MoCOMASENGINEERiNG,INC.shall,if requested_in vmtingg Issue;•
=a certificate confirming such Issuance to the Client;
62 indemniticatlons
6:21• The Client shah indemnify and holdharmiess iMcCOMAS ENGINEERING.INC arid of its•personnel from-
•and against any and all claims,damage loses and expenses(including reasonable attorneys fees}arising out
of or resulting,from the performance ofthe ser vices,provided that any such claims,damage,toss or expenses
are causedinwhaleor in{fit bythe negligent.actor omission and/or Strict Debility cst.the Client,anyone directly
?or indirectly employed by the Client(except McCOMAS ENGINEERING,INC)or anyone for whose acts any
- :ofttiemmaybelable '
6 2 Z The Client shall'obtain agreement from the Owner,orthe Client's client'to indemnify the Client and all of . .
:its personnel,including.McCOMASENGiNEERING'INC,from and against.any;and all claims damage
-toss or.exxpenses(including reasonable attorney's fees)arising out of or resulting from theperforntance
of the services, m
;providetl:that'any such claims,laa 9 e,lass ar ex Pe uses are caused m:whole or m part:.
ty,the negligent:act or omission and/or stncf liability of the-Owner or Clients client anyone directly;
employed by the_Owner or client's client(except the Client or anyone employed directly or indirectly by :
the Client)or anyone for whose acts:any of them may be liable:
•
'6;31 Risk Allocation
6.31. ,In recognition,of the relative risks,rewards and benefits of the,Projegt to both�the Client and McCOMAS
ENGINEERING,INC,the:_risks have been allocated-such that the Client agrees;that to the fuiiest extent
permitter by law,McCOMAS ENGINEERING:INC s total liabiiity`to the Client for any and all,injuries,claims; '
.
;loses expenses,damages or claim'expenses"arising out of this Agreement,from any cause ar caiises;.shall
not'exceed the amount of$50 000,the amountof McCOMAS ENGINEERING,INC's fee(whichever Is
• ;Such causes Include but`are not limited to,McCOMASENGiNEERING INC.'s negligence emirs ainissions,
• strict liability,"breach of contractor breach of warranty.,
• Palladium—Truss T2"Repair Proposal 3116/2815
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- www.mccomaseng com: 317586-0402 1717 East 116th Street Suite 200,Carmel.Indiana 46032; 4:of5:
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-1V1600MAS ENGINEERING
• • • • . . .
0.treCiurtai:-.Engineers
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Sec tiort •Miscellaneoue Provisions
„.
• • 7;1 Reuse Documents •
• • „ • • ... • „.• , „• ,..„ . .
4.1.1 All documents including calculations, computer flea, dratOngs::and'Afetches.proPered•.-by:MCCQMAG:.
. . - . ,
• :
ENGINEERING,INC.pursuant le this Agreement are instruments of professional eeryide Intended fa..:Ohe...
time use connection with this and shalt remain the 000:ftootNicpcit,*sf..NONEER100,
INC.:My reuse without Writteriappr oval or ad.ePti lle nhy mc••poAas ENGINEERING,INC.is prohibited.
•
7.2 :TerntinatlOri,SUCceSSOrearld ASsigns,
This Agreement may he,teirriiniterl.tipon'16 days written notice by either party should the other fail to
•
perform its obligations hereunder. In the event termination,the Client shall pay MCCOMAS,:
• •
ENGINEERING,IIICI•TOr:AltaerVideafendered=l0,.theAtte-Of terMlOatiOn;:allaccrued'ielnibUraahlei
expenset.Andreasonableiterainationsxpenses'.• . •
7.2.2 The Client arufMcCOMAStrIlIGINEERING,INC.',,each bintia$iinselt or hertelti.partnere;:tuOCessaa, •
„ . •.•,. • • ••
executors,administrators,assigns and legal representative to the other party of this Agreement and to
the partners,successors,executors,administrators,assigns,and legal representative of such other
party In respect teall,Coirenents;egteements,:•end:ObOgetione'Ofthle' grs*roOnl':
Neither the Client 4lot:MCCO1*%-_ENGINEERING,.1NC:•,shalleaSigii;.sublet or transfer fights under or
-.Intetest,16(in61601i*tirt*ithillitlimlfatiOns,MonieS:that may tie due or monies thatareale).this'Agteement;
--WithailtheWnIten consent of other,except itetatintheparagrepnaboye;andeicCept to the extent that
the Opat of this rimitatiOnAray.be restricted bylaw.• Unleee.apeCifir*IlY.ateted to the Centiary in any
consent to no assignment will release or diathargelheastigner from enydutya responsibility
under this Agreement. Nothing contained in this paragraph shall prevent-M600MAS:ENGINEPRING.:INC:
from emplOying,such independent consultants, associates and subcontractors as 66: shd.-M-akdeerii
• • .
- appropriate to assist in the,perforrnanCe,ofsenricestleteladdr:. • .
• 72.4 McCOMAS ENGINEERING, INC. and Client •egree.that.the :services performed ',01/2-itic.CCAAAS-
ENGINgERIN0,-inid:•,:16 this Agreement are solely for the henetkeftne,-Oftent:enit'ete not intendett.hkeithet
McCOMAS ENGINEERING,INC orthe Cheht benefit*h9lher PettPil ei",erifitY .Tiither.Orient that-,any
. ,••• .•
ethet.',:gereen•,..tii.entity; including but not limited to the pivher,.,pridior•-40si Otis.;Clients and other Design •
• •Protestletati; benefited l$Y106 setic6.4 PertOrMed bY MecOVIA$:'•'-aNGINEEIVNO.• Ahls:
• . _ , • „ • • ,..,
Agreement,4.ich berlefitis and 0.i164:00r Per000(OnfdlishalloOt be deemed alhirct par*
tlenefitlarYtOttlis contract.
• .
plepUtee Resolution:
741 AsielaithC-•Cotinterdainia,•Clisputeeancl Other matters in tpiestionhetweintlie.parties hereto.ariaingAiiit of or
ittatiii9•W:thia.A4 kiiinent:oilhetireich thereof will be tresatteci.tnotin-hindlng:rneoatiol,subject 40-„,*
• • partlet,:agreejng tO graediator(*)..
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REIMBURSABLE EXPENSES
• ,•Deatriptibit. •• • . •Rate. •
• Cetitiet .. ,
' • , :Coat-x:1:10
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UPS . :
Reproduction• • • '$0.50 per square foot.
• Copying • .
• 'COattkl.10
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• Palladium• .Trues.--172Repair.Proposal .-3/16/2015„
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• Inilty.W.ruccemaseng.c.orn. -0177580,f)402:: 1717 East,110:h, treeti-Silite7209;:Carrna,Indiana 46062.
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EXHIBIT B
Invoice
Date:
Name of Company:
Address &Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Goods Services
Person Providing Date Goods/Services Provided Cost Per Hourly Total
Goods/Services Goods/ (Describe each good/service Item Rate/
Service separately and in detail) Hours
Provided Worked
GRAND TOTAL
Signature
Printed Name
EXHIBIT C
INSURANCE COVERAGES
Worker's Compensation &Disability Statutory Limits
Employer's Liability:
Bodily Injury by Accident/Disease: $100,000 each employee
Bodily Injury by Accident/Disease: $250,000 each accident
Bodily Injury by Accident/Disease: $500,000 policy limit
e
Pro damage, liability,
a g � tY,
products-completed operations:
General Aggregate Limit(other than
Products/Completed Operations): $500,000
Products/Completed Operations: $500,000
p p
Personal &Advertising Injury
Policy Limit: $500,000
Each Occurrence Limit: $250,000
Fire Damage (any one fire): $250,000
Medical Expense Limit(any one person): $ 50,000
Comprehensive Auto Liability(owned,hired and non-owned)
Bodily Single Limit: $500,000 each accident
Injury and property damage: $500,000 each accident
Policy Limit: $500,000
Umbrella Excess Liability
Each occurrence and aggregate: $500,000
Maximum deductible: $ 10,000
EXHIBIT D
AFFIDAVIT
Rod McComas, P.E., S.E. , 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
McComas Engineering, Inc. (the "Employer")
in the position of President
3. I am familiar with the employment policies,practices, and procedures of the Employer and
have the authority to act on behalf of the Employer.
4. The Employer is enrolled and participates in the federal E-Verify program and has
provided documentation of such enrollment and participation to the City of Carmel,
Indiana.
5. The Company does not knowingly employ any unauthorized aliens.
FURTHER AFFIANT SAYETH NOT.
EXECUTED on the 8 day of April , 20 15 .
U. ' /4er
Printed: C. Rodney McComas
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.
e. Veamiltr"
Printed: C. Rodney McComas
I INDIANA RETAIL TAX EXEMPT PAGE
C i ®f Carmel CERTIFICATE NO.003120155 002 0
PURCHASE ORDER NUMBER
j FEDERAL EXCISE TAX EXEMPT 3 17 15
35-60000972
ONE CIVIC SQUARE THIS NUMBER MUST APPEAR ON INVOICES,NP
CARMEL, INDIANA 46032-2584 VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE.
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL-1997
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
y i IJ l IS-4C -
VENDOR M C C 0 rds E NO hee r°•n9 SHIP C R C
1717 E. 110 S+., SaifP 20o TO 30 w 11614 54 , suife 220
Co.rtncl, TIV x6032 . Carme\, TN 0032
CONFIRMATION BLANKET CONTRACT PAYMENT TERMS FREIGHT
QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION
1 E 00
h9 ineei-in, -For P4116,%t t 4.3® 000•
T rass -v2_ rete:'r
1
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Send Invoice To:
cRC 1
S�. SG t 220 it
30 V. Mdih ,
C O%el,lk 44032.
PLEASE INVOICE IN DUPLICATE
DEPARTMENT �LACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
102. 1340/00 PAYMENT
• NP 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 AFFIDAVIT ATTACHED.
SHIPPING INSTRUCTIONS • I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
•SHIP REPAID.
•C.O.D.SHIPMENTS CANNOT BE ACCEPTED. ORDERED BY / rThaidtA
•PURCHASE ORDER NUMBER MUST APPEAR ON ALL
SHIPPING LABELS.
•
i •THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS 1945 TITLE a i_ !� • _ _ ;� A ��_�IA .
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. / 1
CLERK-TREASURER
DOCUMENT CONTROL NO. 31 7 9 5 VENDOR COPY