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American Structurepoint/$25,000/Miscellaneous Sponsor(s) Councilor Rider RESOLUTION CC-09-16-13-02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, APPROVING CARMEL REDEVELOPMENT COMMISSION PROFESSIONAL SERVICES CONTRACT WITH AMERICAN STRUCTUREPOINT WHEREAS, the City of Carmel Common Council ("Council") created by ordinance the Carmel Redevelopment Commission ("CRC"); and WHEREAS, by subsequent ordinance, the Council now requires the CRC to seeks its approval, by simple majority vote, of all professional 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 American Structurepoint, the same being attached hereto as Exhibit A, which contract (the "Professional Services Contract") is in an amount that exceeds the Threshold Amount; and WHEREAS, the CRC has therefore 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 Carmel, 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 gammon Council of the City of Carmel, Indiana. SO RESOLVED by the Common Council of the City of Carmel, Indiana, this Co 1 day of Se-taQ 2013, b y a vote of 7 ayes and a nays. .J r•4t COMMON COUNCIL FOR THE ITY OF CAR Presiding 0 er evin D. Rider Richard L. Sharp, Pre dent Pro Tempore Carol Schleif (.1/ R.- o E Car cr W. Eric_nensticker LA Strnka n LuCi Snyder This Resolution was prepared by Douglas C.Haney, Carmel City Attorney, on 9/6/13 at 1 1:50 a.m. No subsequent revision to this Resolution has been reviewed by Mr. Haney for legal sufficiency or otherwise. \\Issvrappst\user data•admin\LAWME Bass\My Documents\Resotutions-CCC\CRC resolutions-approving contracts\Resolution Approving CRC Contract-American Structurepoint-Miscefaneous.docx Sponsor(s) Councilor Rider ATTES Diana L. Cordray, IAMC, Clerk-Ttirer Presented by me to the Mayor of the City of Carmel, Indiana this 17 day ofe IttinAlf-A- , 2013, at 9.56 , - .M. r Diana L. Cordray, IAMC, Clerk-Trea.rer 1e9 Approved by me, the Mayor of the City of Carmel, Indiana, this 40C3 day of 'trx.Q , 2013, at /D.'/J— A- .M. Jc es Brainard, Mayor ATTEST: L dtd,--a Diana L. Cordray, IAMC, Clerk-T 0 surer Resolution No. CC-09-16-13-02 Page Two of Two Pages This Resolution was prepared by Douglas C.Haney, Carmel City Attorney,on 9/6/13 at 11:50 a.m. No subsequent revision to this Resolution has been reviewed by Mr. Haney for legal sufficiency or otherwise. \\JssvrappsI\user data-admin\LAWME Bass\My Documents\Resclutions-CCC\CRC resolutions-approving contracts\Resolution Approving CRC Contract-American Structurepoint-Misceianeous.docx t 0 INDIANA RETAIL TAX EXEMPT PAGE City of Catm. e iI CERTIFICATE-NO.00'3120155 002 0 PURCHASE ORDER NUMBER • Zl ii JJII `' *" FEDERAL EXCISE TAX EXEMPT 35-60000972 ONE CIVIC SQUARE 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 i, 3URCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. ' DESCRIPTION AMet,cA , auc- ne Ro,..4 C R C VENDOR t1 Z60 14•401(2.-14/.60( J t OA SHIP TO 30 Wef4 /44..∎., SpAe,•F- .2--/al«.a pot i* 1-1,) ZS-6 5 :Le_ 2-Z 0 et, ', e ( , r J ci 6ao3Z CONFIRMATIA BLANKET CONTRACT PAYMENT TERMS FREIGHT l QUANTITY UNIT OF MEASURE I DESCRIPTION UNIT PRICE EXTENSION t` MISGe.l fe�t�,Go 4, v 0: A A 4 ( el e e* t.,"''''‘ o Sal. is $ � ter . S `F Send Invoice To: G 2 r4!1 , i_c , 1 } 3a (�QS S�r� �, � ' _ S"::-.1-e Z Z Cc' rA-,c I JTAJ q&o3z • PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT • PROJECT PROJECT ACCOUNT AMOUNT 1801 Lt3Ii.010 PAYMENT • A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. SHIPPING INSTRUCTIONS • I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN •SHIP REPAID. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. •C.O.D.SHIPMENTS CANNOT BE ACCEPTED. •PURCHASE ORDER NUMBER MUST APPEAR ON ALL ORDERED BY 4 SHIPPING LABELS. ,•THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS 1945 ' TITLE AND ACTS AMENDATORY THEREOF.AND SUPPLEMENT THERETO. CLERK-TREASURER DOCUMENT CONTROL NO. 31333 OFFICE COPY American Structurepoint,Inc. Carmel Redevelopment Commission and Carmel Redevelopment Department-2013 Appropriation#1801-4340400;P.O.#31333 Contract Not To Exceed$25,000.00 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is hereby made and entered into by and between the City of Carmel, Indiana, Redevelopment Commission (hereinafter "City"), and American Structurepoint, Inc. (hereinafter"Professional"). RECITALS WHEREAS CRC owns and/or is responsible for the operation and maintenance of certain 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 CRC 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. �Vssmpp.IWev.La-dminY-AW1da.dUM1.dS.a t.( I.St&CREW)AAMEHICAN S RUCTUREP("ST.Muczllgirsm Sam.•CltC Hdenimal Smir,dc9l.S/2(}I3413 PM; American Structurepoint,Inc. • Carmel Redevelopment Commission and Carmel Redevelopment Department-2013 Appropriation#1801-4340400;P.O.#31333 Contract Not To Exceed$25,000.00 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 appropriate CRC budget appropriation number 1801- 4340400 funds. 3.5 CRC shall designate its Executive Director or his 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 Twenty Five Thousand Dollars ($25,000.00) (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 sixty(60)days from the date of CRC's 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. 1111...,A..tm«.a.u.eanvnv AWUhas ilw.r Sus&c unl.z.o+citt121 W iEwCAN Si UCTUREPONT.ntacatc.m S.. .....(kC k ;.,,,i k,.;..a h.-9iu2(l13 3(WPM) American Structurepoint,Inc. Carmel Redevelopment Commission and Carmel Redevelopment Department-2013 Appropriation#1801-4340400;P.O.#31333 Contract Not To Exceed$25,000.00 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 31,2013, 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. PAtsyrapp.Vontr dos-adnia-AWAmm PrAS.iu&cmLSrc.c,,\MMUMEKt(:AN Snw(."n1REP(EVT-MwsRarms Scowls-(-KC Ndemml&rr.cudnc9gJ 133(Kl PMT American Structurepoint,Inc. Carmel Redevelopment Commission and Carmel Redevelopment Department-2013 Appropriation#1801-4340400;P.O.#31333 Contract Not To Exceed$25,000.00 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, to the fullest extent allowed by law, indemnify and hold harmless CRC and its officers, officials, and employees from all liabilities, damages and costs, including, but not limited to, court costs and reasonable attorney fees, to the extent caused by any failure to perform its services in accordance with the applicable standards of reasonable professional care, including intentional or negligent acts or omissions, of Professional and/or any of its employees or subconsultants in the performance of this Agreement. This indemnification obligation shall survive the termination of this Agreement. However, Professional shall not be obligated to indemnify CRC or its officers,officials and employees for any portion of such liabilities,damages and costs that is attributable to its or their own negligence or actionable fault. nvumpp.iWa.dala..asr.,ALAWMQ.aPmf Sus,c Goods SK,IcRC ,131eMEwnws ILICTeREPONT-Mixell4or.sRsx,-rkcPr:d ScnIns.,n9/,/20i .1.011PMi American Structurepoint,Inc. Cannel Redevelopment Commission and Carmel Redevelopment Department-2013 Appropriation#1801-4340400;P.O.#31333 Contract Not To Exceed$25,000.00 7.10 Discrimination Prohibition. Consistent with Indiana Code 5-16-6-1, Professional 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. 1Nssmrpcl1n.n J+ -+d®nQaN'Waca'rtiSwR Goods S.r.VCNC2(II IIAMEAJCAN STAUCUIEPONT-M'uc.H,rA.s., ..cRCPmfr.,,.i smmdu=9W201001Fhf� American.Structurepoint,Inc. Carmel Redevelopment Commission and Carmel Redevelopment Department-2013 Appropriation#1801-4340400;P.O.#31333 Contract Not To Exceed$25,000.00 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 West Main Street, Suite 220 Carmel City Attorney Carmel, Indiana 46032 One Civic Square ATTENTION: Les Olds Carmel, Indiana 46032 PROFESSIONAL: American Structurepoint, Inc. 7260 Shadeland Station Indianapolis, Indiana 46256-3957 ATTENTION:Shaun Cofer 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. 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 CRC's prior written consent. IlHaanwpalbsr data-dnvnllaRlAndlPmfSvcs At G..S S.uYRC%21111UMCRICAN EMI Srnica•CRC Hafc.vmvl Sa:cridur 9/4!OI t 100 MI American Structurepoint,Inc. Carmel Redevelopment Commission and Carmel Redevelopment Department-2013 Appropriation#1801-4340400;P.O.#31333 Contract Not To Exceed$25,000.00 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. Ituu.rape.lWrcr. -xnat,LAwwn„mti..r-Sm G...6.S.x.YRCVn.aAKIDUCAN S7RIKTUREPCINT Aincelamag s..;...-.-CRC Fte(cumnal s..nem tk..94f2Oi)%(UPMJ data American Structurepoint,Inc. Carmel Redevelopment Commission and Carmel Redevelopment Department-2013 Appropriation#1801-4340400;P.O.#31333 Contract Not To Exceed$25,000.00 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 Project Professional shall commence, carry on, and complete the project with all practicable dispatch, and in accordance with standards of reasonable professional care for similar projects, including compliance with applicable laws. In accomplishing the project, Professional shall take such steps as are appropriate to ensure that the services involved are 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 Consultant shall certify that, in signing this document, it does not engage in investment activities within the Country of Iran. 7.27 Job Site Safety. Neither the professional activities or the Professional, nor the presence of the Professional or its employees and subconsuftants at a construction/project site, shall relieve the general contractor of its obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending and coordinating the work in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. The Professional and its personnel have no authority to exercise any control over any construction contractor or its employees in connection with their work or any health or safety programs or procedures. 7.28 Mediation In an effort to resolve any conflicts that arise during the design and construction of the Project or following the completion of the Project,the CRC and the Professional agree that all disputes between them arising out of or relating to the Agreement or the Project shall be submitted to nonbinding mediation unless the parties agree otherwise. Such nonbinding mediation shall be conducted in accordance with the Indiana Rules of Alternative Dispute Resolution. (remainder of page intentionally left blank) Pll.s.rspin kr&v.6u-ado:nq AW h.eod.Yndti csdC:o..1,SvsaVR[.L'si1.11AAfEIUf.AN sTRUCTURU WT-htia:UOans snrtm-CRC:%okust uIsmianJ-9/1!_n11'.(U PM American Structurepoint,Inc. Carmel Redevelopment Commission and Carmel Redevelopment Department-2013 Appropriation#1801-4340400;P.O.#31333 Contract Not To Exceed$25,000.00 IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as follows: CARMEL REDEVELOPMENT COMMISSION AMERICAN STRUCTUREPOINT, INC. BY: f BY: William Hunver, P sid nt Authorized • nature Date: I/ ES II Printed Name: Gvrin7 L. llenyeA Title: Fxect.k.,► W m FID/TIN: 3s- /ix' 317 Last Four of SSN if Sole Proprietor: Date: 7- G- z o, 7 IIVlsv:apps Paw dw.10ImnVAWlaburdflh01S.u4CAAA It SyeACR(1.1013V,AtERIt:AN S IAUCTIIREPONT-Mrr119e0.Sericva.C1i(H.dusimsl Smxr..109/4/411??00 PH EXHIBIT A AMERICAN STRUCTURE POINT INC. 8/16/13 - SCOPE OF WORK Site design and engineering work for Miscellaneous Projects—Parcel#5, 7C, 14, A&DD not to exceed$25,000 per attached hourly rate schedule 1. Evaluate existing field survey engineering for sufficient and order and additional survey to complete engineering. 2. Analyze existing grade information and confirm any existing foundation to be used for any new structures. 3. Provide drainage calculations for storm water run-off on any future projects. 4. Coordinate with city utilities department on sanitary and water needs for projects and develop connection points per City direction. 5. Coordinate with City Engineering on storm water issues and anticipated construction near existing storm water lines. ig 0— AMERICAN IY 7 STRUCTURE* siNT INC:: MISCELLANEOUS ARCHITECTURAL & ENGINEERING SERVICES AMERICAN STRUCTUREPOINT,INC. HOURLY RATE SCHEDULE EMPLoxEE CII.ASSIIF CATION )HOURLY RATE Principal Architect or Engineer SI 60/hr Project Manager $135/hr Senior Architect,Engineer,Scientist,Planner $125/hr Project Architect,Engineer,Scientist,Planner $1 05/hr Staff Architect,Engineer,Scientist,Planner $90/hr Design Engineer $90/hr Landscape Architect $90/hr Registered Land Surveyor $110/hr Senior Tech/Senior CAD Tech/Senior GI S Tech/ $95/hr Traffic Counting Tech Tech/CAD Tech/Drafter $85/hr Senior Inspector $85/hr inspector $80/hr Survey Crew $165/hr GPS Crew $225/hr Researcher $80/hr Environmental Researcher $65/hr Permit Coordinator $75/hr Exhibit r .,�*; s`s"iP ( I f fit az 48t It-f <t i 4.{$i�t' Et i-t i §1�° >'-L -�-,i 3 uz ' 1. C !; 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 Property damage,contractual liability, products-completed operations: General Aggregate Limit(other than Products/Completed Operations): $500,000 Products/Completed Operations: $500,000 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 CERTIFICATE OF INSURANCE DATE 05/31/13 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, PROFESSIONAL DESIGN INSURANCE EXTEND OR Al.TER THE COVERAGE AFFORDED RY THE POLICIES BE.IOW MANAGEMENT CORPORATION COMPANIES AFFORDING COVERAGE P.O.BOX 501130 COMPANY A Starr Surplus Lines Insurance Company LETTER INDIANAPOLIS,IN 46250 Phone: (317)570-6945 Fax: (317)579-6410 COMPANY B LETTER INSURED COMPANY C American Consulting Inc.dba Structurepoint,Inc.LETTER 7260 Shadeland Station COMPANY D Indianapolis, IN 46256 LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSION,AND CONDTION OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY POLICY LIMITS LTR EFFECTIVE EXPIRATION DATE DATE GENERAL LIABILITY GENERAL AGGREGATE $ [ ]COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE S [ ][ ]CLAIM MADE [ ]OCCURRENCE PERSONAL&ADVERTISING INJURY $ [ ]OWNER'S&CONTRACTORS PROTECTIVE EACH OCCURENCE $ [ ] FIRE DAMAGE(ANY ONE FIRE) S ( 1 MED,EXPENSE(ANY ONE PERSON) $ AUTOMOBILE LIABILITY CSL [ ] ANY AUTO BODILY INJURY S [ ] ALL OWNED AUTOS (PER PERSON) [ ] SCHEDULED AUTOS BODILY INJURY $ [ ] HIRED AUTOS (PER ACCIDENT) [ ] NON-OWNED AUTOS [ ] GARAGE LIABILITY PROPERTY S I1 DAMAGE EXCESS LIABILITY EACH AGGREGATE [ ] UMBRELLA FORM OCCURRENCE [ ] OTHER THAN UMBRELLA STATUTORY WORKERS'COMPENSATION S (EACH ACCIDENT) AND S (DISEASE-POLICY LIMIT) EMPLOYER LIABILITY S (DISEASE-EACH EMPLOYEE) A OTHER PROFESSIONAL LIABILITY SLSLPRO26230713 529/2013 5/29/2014 65000000 LIMIT EACH CLAIM AND [X]ARCHITECTS AND ENGINEERS $5000000 IN THE AGGREGATE. [ ] DESCRIPTION OF OPERATIONS/LOCATION/VEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY Carmel Redevelopment Commission WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE 30 W.Main St.,Ste.220 CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO Carmel,IN 46032 MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE XONIL. 4131404°.1V Client#:41595 AMERICONI IDDIYI'YY) DATE(MM ACORD,. CERTIFICATE OF LIABILITY INSURANCE DA TE(MM2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kristen Strasser Old National Insurance PHONE 317-706-9518 FAx (A/c,No,Ext): (A/c,No): 317-706-9718 P.O.Box 80159 ADDRESS: kristen.strasser @oldnationalins.com Indianapolis,IN 46280-0159 INSURER(S)AFFORDING COVERAGE NAIC# 317 575-9999 INSURER A St.Paul Travelers INSURED INSURERB:XL Specialty Insurance Company American Structurepoint,Inc. Property Pro Casualty of 7260 Shadeland Station INSURERC: P Y tY INSURER D: Indianapolis,IN 46256 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF POLICY YY EXP LIMITS (MOLIC YEFF (POLIC YYYY) A GENERAL LIABILITY 6807596M605PHX12 11/01/2012 11/01/2013 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE S(Ea RENTED $300,000 CLAIMS-MADE X OCCUR - - - MED EXP(Any one person) $_10,000 PERSONAL&ADV INJURY $1,000,000 _ GENERAL AGGREGATE _$2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 —1 POLICY n jra LOC C AUTOMOBILE LIABILITY BA7598M26612 11/01/2012 11/01/2013(E°aglI 1INGLELIMB 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ _ AUTOS (Per accident) A X UMBRELLA LIAB X OCCUR XSFCUP1388T596IND1 11/01/2012 11/01/2013 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE s5,000,000 DED X RETENTION$$10,000 $ A WORKERS COMPENSATION XVMPAUB1388T98912 11/01/2012 11/01/2013 X TORYUMITS I EERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEfY/N E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? I N I N/A (Mandator),in NH) E.L.DISEASE-EA EMPLOYEE $500,000 E yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 B Professional DPR9699247 05/29/2012 05/29/2013 $5,000,000 Per Claim Liability $5,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION Carmel Redevelopment Commission SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE p THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 30 W.Main St.,Ste 220 ACCORDANCE WITH THE POLICY PROVISIONS. Carmel,IN 46032-0000 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S670913!M669230 IETHO EXHIBIT D AFFIDAVIT 13en)kM;n 4• li.ak h ,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 Al filer;CA , 54r4cIt-epo;„{, /c. (the"Employer") in the position of Pions ter of a,porsk AffAcrl . 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 G-6 day of_cp 4Pi drr ,2013 . 4 t Printed: 66„j-,,n;n I. 0,Auh 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. 0,017, . ,.HN.IN fee 4 C:".+ 17 6384, i s T A. gi NOTARY c Printed: /7 0,-. E. k4, / • __, PUBLIC •a t SEAL s ' wF OF INO\P� t C113 "S✓ E-V'ERI FY IS A SERV ICS E DES Company ID Number: 254011 To be accepted as a participant in E-Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 888-464-4218. Employer American Structurepoint,Inc. Chelsea Shumaker Name(Please Type or Print) Title Electronically Signed 09/17/2009 Signature Date Department of.Homeland Security-Verification Division USCIS Verification Division Name(Please Type or Print) Title Electronically Signed 09/17/2009 Signature Date Page 11 of 131E-Verify MOU for EmployeriRevision Date 10/29/08 WV1P.V.dhs.goviE`V erify breb.e.. .1% USA t„PI .71v, 1111111;s' '10=,;., 0.* - vtt E NSAIFT IS A SERV ICE OF 0,IS Company ID Number: 254011 Information Required for the E-Verify Program Information relating to your Company: Company Name:American Stri.ictiarepoirit,Inc. Company Facility Address: 7260 Shadeland Station Indianapolis,IN 46256 Company Alternate Address: County or Parish: MARION Employer Identification Number 351127317 North American Industry Classification Systems Code: 541 Parent Company: Number of Employees: 100 to 499 Number of Sites Verified foi-: 2 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: o OHIO 1 site(s) Page 12 of 131E-Verify fv1OU for ErnployeriRevision Date 10/29/08 WVVW.dhs„goviE-Verify USA !LVerNv 1111111,��� ti.o 5 �rsr�r .. E-VERIFY IS A SEA,ICE CF 134S Company ID Number: 254011 INDIANA " 1 site(s) Information relating to the Program Administrators)for your Company on policy questions or operational problems: Name: Chelsea Shumaker Telephone Number (317)547-5580 Fax Number: (317)54.3-0270 E-mail Address: - cshumaker @structurepoint.com Page 13 of 131E-Verify MOU for EmpioyeriRevision Date 10/29/08 vrww.dhs.gov;E-Verify