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American Structurepoint/Addl Serv 9/ENG/$362,646/Illinois Inspection American Structurepoint Engineering-2012 Appropriation#2006 bond P.O. #26535 Contract Not To Exceed S362,646.00 ADDITIONAL SERVICES AMENDMENT TO „ookAGREEMENT FOR PURCHASE OF GOODS AND SERVICES .�\ n / off► : THIS AMENDMENT TO THE GOODS AND SERVICES AGREEMENT ("Agreement") entered into by and between the City of Carmel and American Structurepoint, Inc. (the "Vendor"), as City Contract dated June 2, 2010 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 '8", 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 AMERICANSTRUCTUREPOINT, INC. by and through its Board of Public Works and Safety By: By: 6.j 2( ames Brainard, Presidin fficer Authorized Signare Date: Willis R. Conner _ Printed Name ary n Burke, M b Date. President Title Lori S. W ember FID/TIN: 35- 11273I i Date: ��(,//a-- Last Four of SSN if Sole Proprietor: ATTES : May 29, 2012 Date: Diana Cordray, I C lerk-Treasurer Date: (\V.xs,app.I\u.0 Sala-admm'LA'M IJUho(Svc.S.Goa;SvcAlril:mu413102012LSmulcan Slrutlur yowl-.SSA 041.5/25,2UI2 2:47 PSS man��(� ;�'t"• 1 a� ARVMEL May 16,2012 JANIES BRAINARD, MAYOR Mr. Willis R. Conner,PE, SE Mr. Gregory L. Henneke,PE American Structurepoint, Inc. 7260 Shadeland Station Indianapolis,IN 46256-3957 RE: Additional Service Amendment#9,PO#26535 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,I have requested and received from you the proposed scope of services and fee estimates for the following work task: Additional Service Amendment#9— (11-09) Illinois Street- 10611I Street to 116`I' Street Inspection Services Not to Exceed: $362,646.00 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, - .214(e., Michael T.McBride,P.E. City Engineer Exhibit A db Rev' wed and approved by: . C. Engelkin DEPARTMENT OF ENGINEERING Director of Administration ONE CIVIC SQUARE, CARIvIEL, IN 46032 OFFICE 317.571.244i FAx 317.571.2439 EMAIL engineering@carmel.in.gov AMERICAN • ,_ _ ST1' UCTUREPOINT INC. April 18, 2012 Mr. Mike McBride City of Carmel Engineer One Civic Square Carmel, Indiana 46032 Re: Illinois Street—800 Feet North of 106`h Street to 116`h Street Construction Engineering Carmel Project No. 11-09 Additional Services to the professional services contract between the City of Carmel and American Structurepoint, Inc.,dated December 5, 2007 Dear Mr. McBride: On behalf of American Structurepoint, I am pleased to submit this proposal for construction inspection services for the Illinois Street 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 performed under this Additional Services Agreement shall be completed for a fee not to exceed $362,646 as outlined in Appendix 3, and will only be billed as specific tasks are completed. We look forward to continuing working with the City of Carmel on this project. If you should have any questions, do not hesitate to contact Todd Rutledge at(317) 547-5580. Very truly yours, America>j Str rcturepoint, nc, Willis R.Conner President N coAi 181920a7 WRC:pmt ti Attachments4. Y. 2012 u tQ ENGINEER Altr • AT al, 200901768 •::�••^3.y :.Ra..E;,',>.4t.: ,:nv�< :y`,.''r°� .ni.;. 4.WAS.ar�.i, .:'•7. H��j��ai^•F.;. . • . r tw•t � 0;•e. A. -.l• �..,~ �.k^' '�:3+ &.l.,tr rv':� "°Y'e.'. -.>, w.£ ••�'. ,t j•," J;.».; ..•,. .;.....a r... .4::'.::.:•t'� :`.:' •:s�"h6 •.\.� �¢' a.w`�a.""'•, a.t''�s ,`"ari;•M�.. ..2'd"; E :�.,;'. p.e- ..• ,. :Jrv�Y. t „ ter r , •"a any•.,::,�,t:.n �>. ';ti.�"Y1 � {o'�}: a a :�$taa ``1 ��' B'�g r�' .� �.� •ii71 ( n-Py.,�,: -•' .. :� : a 2 0 x w � r 0 'J t ���r�?� 9fx>,cr°�r' '''��"';.3.: Y�'� a•�y�t ''>•eaC'.' ,a� a. ,':.�:r,::<a;';r .a, .:�;', q�f .»;�:•.�:" �,� C'*:`�:,'n;;�ct �.w., •."� .�� "�.. 't''<,t:.'�;.e.°;. „,•�„: ::kid.:,, ;:�' �yPo, v:.:c' ",+,°iCb .. a�R d �w. �a- EXHIBIT"A" SERVICES BY PROFESSIONAL A. ENGINEERING PERSONNEL For the fulfillment of all services outlined in Section B below, the Professional will provide one full-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 full-time Resident Project Representative will report to the City on all matters concerning contract compliance and administration. The full-time Resident Project Representative will coordinate project activities with City's project manager. B. DESCRIPTION OF SERVICES I. 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 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 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. IA Exhibit A Page 1 of 3 ,VJ 200901768 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 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. 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 1 1. 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 Exhibit A Page 2 of 3 200901768 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. A C-6?) Exhibit A Page 3 of 3 200901768 APPENDIX "I" 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 !N2004079I 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 57 weeks. 7 1 Appendix "2" Page 1 of 1 1N20040791 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 S362,646 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" I of 2 Yef IN20040791 • 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 l�� IN20040791