HomeMy WebLinkAboutARSEE Engineers, Inc./CRCSHORT FORM OF AGREEMENT-
BETWEEN OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS IS ANAGRFEMFNT effective,as of March 7.,2008. ("Effective Date") between
The Carmel RedevelopmennCommissiotr ("Owtier")
and ARSEE Engineers Inc ("Engineer')
Engineer agrees to provide the services described-below to,Owner for Carmel-cityCenter ("Project").
Description of Engineer's Services: As described in proposal dated October 23. 2007'attached asAppendix 1.
Summarized by: On site consimction ohseivations:of concrete construction for the motor coumand parking intill portions
of the project Preparation of construction observation n5poiff with sketches.
Owner and Engineer-further agree as follows:
A. If authorized by Owner, or if required"because
1.01 Basic Agreement of changes-in the Project, Engineceshall fumish`services
imaddition to those sevforth above.
A. Engineer shall provide; or cause.to be'.pmvided,
the services. sel.forth in this.Agieement; and Ownershall
pay Engineer for such. Services as set' forth in
Paragraphl9:01.
2.01 Payment Procedures
A. Prepaianowgf Invoices. Engineer will prepare.
a monthly invoice in accordance with Fngineer's•standasd
invoicing practices and submit the invotceto Owner.
B. Owner shall pay'Enginaer-'for such ?additianal
services as follows: Foradthtiona scrvices of Fngineer's
employees engaged directly on the Project an amount
equal to,.[he cumulative houm charged to the projectby
each.class of Engmeer's,emnloyees rimes standard hourly
vales for each _applicable billing class; plus: eimtiursable
expenses ind'Engineer's.consultants' charges; if any-
4,01. ` Termination
B. Payment of Invoices. Invoices are due and
payable within `30 days;ofsreceipt, frowner fails to make
any ,payment due Engneer for services and expenses
within 30 days after receipt, of Engineer's ,invoice. the
amounts due Engineer will.be increased at, the rate of
1.0% per month (or the maximum rate of interest
permitted by law, if less) from said 'thirtieth day. In
addition. Engineer may, 'without liability, 'after giving
seven flays written notice to, Owner, suspend services
under this AgreemertPuntil Engineer has been paid in full
all amounts due for services, expenses-and other related
charges. Payments will-be credited first to interest and
than io principal.
3.01 Additional' Services
A. The obligation. to. provide farther services under
this Agreement may.be terminated:
1, For cause:
a: By eithePparty upon 30 days written
nouce;in.tbe-event of substantial failure by the'
other party to peiform in,accordance with the
agreement's `terms- through no fault of. the
terminating party.
b, E3yEdgineer:
4) upon seven days,writtau'rictice
if Engineer believes thatiEngineer is
being requested by Owner to famish or
pcffonn'services'cbntrary'to Engineers
responsibilities asalicensed professional;
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EJCDC E-520 Short Form ofAgreement. tlerveen4wner,and Engineer for Prafessional Services
CopyrightV.201)2 National Sarietj'of Professional Engineers far EJCDC. `All rights. reserved:
or
2) upon seven days written notice
if the Engineer's services for the Project
are delayed or suspended for more than
90 days for reasons beyond Engineer's
control.
3) Engineer shall have no liability
to Owner on account of such termination.
c. Notwithstanding the foregoing, this
Agreement will not terminate as a result of a
substantial failure under paragraph 4.0l.A.l.a
if the party receiving such notice begins, within
seven days of receipt of such notice, to correct
its failure and proceeds diligently to cure such
failure within no more than 30 days of receipt
of notice; provided, however, that if and to the
extent such substantial failure cannot be
reasonably cured within such 30 day period,
and if such party has diligently attempted to
cure the same and thereafter continues
diligently to cure the same, then the cure period
provided for herein shall extend up to, but in
no case more than, 60 days after the date of
receipt of the notice.
2. For convenience, by Owner effective upon the
receipt of notice by Engineer.
B. The terminating party under paragraphs
4.0l.A.1 or 4.0l.A.2 may set the effective date of
termination at a time up to 30 days later than otherwise
provided to allow Engineer to demobilize personnel and
equipment from the Project site, to complete tasks whose
value would otherwise be lost, to prepare notes as to the
status of completed and uncompleted tasks, and to
assemble Project materials in orderly tiles.
5.01 Controlling Law
A. This Agreement is to be governed by the law of
the state in which the Project is located.
6.01 Successors, Assigns, and Beneficiaries
A. Owner and Engineer each is hereby bound and
the partners, successors, executors, administrators, and
legal representatives of Owner and Engineer (and to the
extent permitted by paragraph 6.01.B the assigns of
Owner and Engineer) are hereby bound to the other party
to this Agreement and to the partners, successors.
executors, administrators. and legal representatives (and
said assigns) of such other party, in respect of all
covenants, agreements, and obligations of this
Agreement.
B. Neither Owner nor Engineer may assign, sublet,
or transfer any rights under or interest (including, but
without limitation. moneys that are due or may become
due) in this Agreement without the written consent of the
other, except to the extent that any assignment, subletting,
or transfer is mandated or restricted by law. Unless
specifically stated to the contrary in any written consent
to an assignment, no assignment will release or discharge
the assignor from any duty or responsibility under this
Agreement.
7.01 General Considerations
A. The standard of care for all professional
engineering and related services performed or furnished
by Engineer under this Agreement will be the care and
skill ordinarily used by members of the subject profession
practicing under similar circumstances at the same time
and in the same locality. Engineer-makes no warranties,
express or implied, under this Agreement or otherwise, in
connection with Engineers services. Engineer and its
consultants may use or rely upon the design services of
others, including, but not limited to, contractors,
manufacturers. and suppliers.
B. Engineer shall not at any time supervise, direct,
or have control over any contractor's work, nor shall
Engineer have authority over or responsibility for the
means, methods, techniques. sequences, or procedures of
construction selected or used by any contractor, for safety
precautions and programs incident to a contractor's work
progress, nor for any failure of any contractor to comply
with laws and regtdations.applicable to contractor's work.
C. Engineer neither guarantees the performance of
any contractor nor assumes responsibility for any
contractor's failure to furnish and perform its work in
accordance with the contract between Owner and such
contractor.
D. Engineer shall not be responsible for the acts
or omissions of any contractor, subcontractor, or supplier,
or of any contractor's agents or employees or any other
persons (except Engineer's own-employees) at the Project
site or otherwise furnishing or performing any of
construction work; or for any decision made on
interpretations or clarifications of the construction
contract given by Owner without consultation and advice
of Engineer.
E. The general conditions for any construction
contract documents prepared hereunder are to be the
"Standard General Conditions of the Construction
Contract" as prepared by the Engineers Joint Contract
Documents Committee (No. C-700.2002 Edition).
F. All design documents prepared or furnished by
Engineer are instruments of service, and Engineer retains
an ownership and property interest (including the
copyright and the right of reuse) in such documents.
whether or not the Project is completed.
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EJCDC E-520 Short Form of Agreement Uehveen Owner and F,ngineer for Professional Services
Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights. reserved.
G. To the fullest extent permitted by law, Owner
and Engineer (1) waive against each other, and the other's
employees, officers, directors, agents, insurers, partners,
and consultants, any and all claims for or entitlement to
special, incidental, indirect, or consequential damages
arising out of, resulting from, or in any way related to the
Project, and (2) agree that Engineer's total liability to
Owner under this Agreement shall be limited to $50.000
or the total amount of compensation received by
Engineer, whichever is greater.
H. The parties acknowledge that Engineer's scope
of services does not include any services related to a
Hazardous Environmental Condition (the presence of
asbestos, PCBs, petroleum, hazardous substances or
waste; and radioactive materials). If Engineer or any other
party encounters a Hazardous Environmental Condition,
Engineer may, at its option and without liability for
consequential or any other damages, suspend performance
of services on the portion of the Project affected thereby
until Owner: (i) retains appropriate specialist consultants
or contractors to identify and, as appropriate, abate.
remediate, or remove the Hazardous Environmental
Condition: and (it) warrants that the Site is in full
compliance with applicable Laws and Regulations.
8.01 Total Agreement
A. This Agreement (consisting of pages I to 4
inclusive together with any expressly incorporated
appendix), constitutes the entire agreement between
Owner and Engineer and supersedes all prior written or
oral understandings. This Agreement may only be
amended, supplemented, modified, or canceled by a duly
executed written instrument.
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EJCDC E•520 Short Form of Agreement Between Owner and Engineer for Professional Services
Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
9.01- Payment (Hourly Rates Plus Reimbursable Expenses)
A. 'Using, thefprocedures:setforth in'paragraph 2.01, OMter shall pay Engineer.as follows:
.l An ;amount equal to the cumulative hours charged to the Project by each class of Engineer=s employees
times standard' hourly rates for'each applicable billing class for all services perf6rrncd on:dte Project, plus reimbursable
expenses and'Erigineer,s?conkdtants' charges, if any.
2.• Engineer's' Standard Hourly Rates are attached as Appendix- 2.
3'. The total compensation fonseriicessand reimbursable expenses is estimated to be's 50,000 - 80,000
B. The En6ineer's compensation is conditionetton the time to complete construction not exceeding, months.
Should the. time to complete. construction be extended beyond. this, Penod, total compensation. to Engineer shall be
appi6ptiately adjusted.
IN WITNESS WHEREOF, the parties hereto ;have executed this,Agreement„the Effective; Date of which is,indicated on
page L
OWNER:
-By:
W-, z " xa, /?
c.
Title: _ { Y P 5 to Q.('I 1
ENGINEER
By:
Kenneth L. Pensinger
Title: Professional Engineer
Date Signcd: l r c) Date Signed:
License or Cer[it-icate'IVo:and"State
Addressfor giving notices:
900406 - Indiana
Address for 1-ivingnotices:
9713 Kincaid Drive. Suite 100
Fishers; IN .46037
4 of'4
(Hourly Rates Plus Reimbursable Expenses]
FJCDC E-529'Short Form of Agreement Between Owner. and Engineer for. Proresslonal Services
Copyright 0200 National Society of Professional Engineers For EICDC. All rights reserved.
l??P?n' Q tk 4
- Frederick: A. Herget, PE'
Lelend`E. Modlin.
ARSEE ENGINEERS
INC
IN C Pensinger, PE
Allen B:Pulley
,,
•
.
- John A. SeeSC,.. PE
CLIENT ORIENTED - BY DESIGN Scott A. Jones, PE
Victoria. A. Emery, PE
A{bert G Kovacs; PE.
Craig R: Riley, pE
October;23`. 2007
Mr. Les Olds
Carmel` Redevelopment' Commission
1' Civic,Square
Carmel; fN 46032
Re: Carmel CkyGenter
Dear Les:
Per your request, Arsee E6gineers has prepared this,proi?osal to ptoyide on site
construction observationssfor the motor court and parking infill portions of the Carmel
City Centef piojecr. Review of the strucrural; drawings indicates the soGCiure is largely
precast concrete with cast=in-place, topping slabs Based iipon the'infofmation we liave
received,io date we. propose to perform the.following:scope of Services:
a On site observations .to determine reasonable conformance of the Constriction
with the.Coi ntrad Documents.
Typical observations for concrete construction incluclei
o Determining the size; humbet, spacing, splice lengths, and
andeipated:cover,of [he reinforeernen bars.
0 Determining form dimensions, 66 mess. and cleanliness at typical
locations.
.a P4*ation of construction observapoa reports, with. -sketches and. photos of
obseived deficiencies.
"The.following items are nat,p eluded in our'scope,of work:
o. Review of the original. structural.desig_n
o- MateriaLtests of steel or concre[e
4 We,]d inspections
"O Bolt' inspections' '
e Observations- pertaining to 'seaffold and- form work construction, strength= and
stability will not be performed.
9715:KINCAil) DniVE• surer 100 - FISHFR5, ISJDlANA 46037-9476 PHONE-3171594-5152• FAX317I594-9590• www.arsee-engineers-cqm
Mr. Les Olds
Carmel.Redevelopment Commission.
Re: Carmel City Center
October 23,'2007
Pave 2
The responsibility for the design of the completed. structure shall remain with the
Engineer:of.Record. (McGonimis'Engineeting}. 'Ch8 Engineer Qf'Record wili be-required
to, approve: any remediation that maybe recommended as a result. of our field
observations.
We propose to perform field observations prior to every concrete=pour and-at other times
as may be required to accommodate construction sequence. Pour sequence drawings
have not,been received; therefore. it is not:possible to; determine_the' total number of field
observation's _required. Also, it.is?not known hou, Tarry additional trips maybe required to
11
verify corrections as a resulLof initial observations. Based on review of.the drawings and
previous work on similar projects,we:estin-rate our total fees-will range between $50,000
to $80,000.
We propose to perform the ivork,on an 'hourly basis in accordance with the attached rate
schedule. Two copies of each report and attached sketches and photos will be provided.
We look for to working with you on lhis project, lf.yow have any questions or
require, additional information, please call.
Yours tr iv,
Kenneth L.'Pensing,r
Professional Engineer'
/eah
Frederick. A: Herget, PE
Leland E. Modlin,
ENGI IEERSING. KennRh' Pensinger,PE
1/"\lRSGEE G LaIIV f1?7 AIIen R. Pulley
9 JohmA, Seest;. PE
CLIENT'ORIENTED -SY DESIGN Scott.A. `ones, RE
Victoria A:'Emery, PE
Albert'G..Kbvacs, PE
- Craig R: Riley,.PE
ARSEE Engineers, Inc. Rate Schedule
2008
Principal $1,:30 - $145
Engineer $ 85 <$100
Technician $ 90
Detailer $ 60 - $100;
Clerical $ 60
Intern' $ 45
As?of 1/1612009'
3171594-9590 www:arsee engineers.com
9715 KINCAID DRIVE • SUITE 100 • FISH ERS, IN DIANA 46037-5470 • PHONE 317/59451 52 "FAX