Central States Consulting/Survey Consulting/not project specific •
AGREEMENT FOR SERVICES
This Agreement for Services (the "Agreement"), executed as of Fe./, I , 2010,
by and among The City of Carmel Redevelopment Commission ("CRC"),and Central States Consulting LLC
(the "Service Provider"), WITNESSES:
Recitals
WHEREAS, CRC has determined that it is necessary to obtain the services generally
described on Exhibit A (the "Services");
WHEREAS, Service Provider is in the business of performing the Services; and
WHEREAS, CRC and Service Provider desire to enter into this Agreement to formalize the
terms and conditions upon which Service Provider shall perform the Services;
Agreement
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are acknowledged.hereby, CRC and Service Provider agree as follows:
1. Services. Service Provider shall perform the Services for CRC (the "Work"): (a) upon the request
of CRC; and (b)as an independent contractor of CRC. Service Provider hereby acknowledges and agrees
that its performance of the Work may be non-exclusive in CRC's sole discretion.
2. Payment. Compensation for the Work shall be computed in the manner,and at the rates,described
on Exhibit B (the "Compensation"). To receive all or any portion of the Compensation from CRC, Service
Provider shall submit to CRC an invoice, which invoice shall be reviewed by CRC at its next regularly
scheduled monthly meeting; provided that, if the next regularly scheduled monthly meeting occurs during the
month in which Service Provider submits its invoice, then such invoice•shall not be considered until the next
regularly scheduled monthly meeting after the regularly scheduled meeting that occurs during the month in
which Service Provider submits its invoice. CRC shall pay the portion of the Compensation set forth on the
invoice within a reasonable amount of time after approval of such invoice.
3. Presentations. If CRC requests that Service Provider attend a CRC meeting to: (a) make a
presentation with respect to any completed portion of the Work; or (b) answer questions with respect to an
invoice submitted to CRC for approval;then Service Provider shall:(a)attend such meeting,and provide such
information as CRC reasonably requests;and (b)not receive any compensation in excess of the Service Fee,
If Service Provider.
4. Performance. Service Provider shall perform the Work: (a) in coordination with CRC; (b) in
accordance with the prevailing professional standards in the Carmel, Indiana, area for similar services; and
(c)in compliance with all applicable laws,statutes,and/or ordinances,and any applicable governmental rules,
regulations,guidelines,orders,and/or decrees(the"Laws"). Prior to commencing the Work,Service Provider
shall: (a) obtain all permits and approvals required by the Laws; and (b) obtain, and maintain du nir g
performance of the Work, all professional licenses and certifications required by the Laws. All Work)
performed by Service Provider, regardless of whether completed (the"Work Product"),shall belong to CRC.
If performance of the Work requires the entry by Service Provider onto real estate not owned by CRC or
Service Provider, then Service Provider shall be responsible for obtaining permission to enter onto such real
estate. CRC hereby designates the executive director of CRC, currently Les Olds, or his duly authorized
representative to act on CRC's behalf with respect to Service Provider's performance of the Work. I .
5. Relationship. The employees of Service Provider: (i) are (and shall be considered for all purposes
to be)the employees or contractors of Service Provider; and (ii)are not(and shall not be considered for any
purpose to be)the employees or contractors of CRC or the City of Carmel, Indiana (the "City"). Accordingly,
CRC and the City shall have no obligations or liabilities with respect to the such employees, who shall look
exclusively to Service Provider to discharge all obligations and duties as their employer or principal, Service
Provider shall indemnify and hold harmless CRC from and against all claims, suits, judgments, liabilities,
losses, costs, and expenses (including, without limitation, reasonable attorneys'fees and court costs) that
result from any claim for wages, benefits, or otherwise by any agent, employee, or contractor of Service
Provider. The indemnities set forth in this Section shall survive the termination of this Agreement and the
completion of the Work by Service Provider.
6. Insurance. Service Provider shall maintain customary insurance coverages with respect to the
performance of the Work, including, without limitation, those insurance coverages set forth on Exhibit C. All
policies of liability insurance maintained by Service Provider with respect to the performance of the Work shall:
(a)name CRC as an additional insured; and (b)not be canceled without 30 days' prior written notice to CRC.
7. Liens. Service Provider shall not suffer or cause the filing of any mechanic's lien against CRC's
property, or any part thereof, by reason of labor, services or materials claimed to have been performed or
furnished to or for Service Provider. If any such mechanic's lien is filed against CRC's property, or any part
thereof,then Service Provider shall cause such mechanic's lien to be discharged of record within 30 days after
notice of filing by bonding, or as provided or required by law. Nothing in this Agreement shall be deemed or
construed to: (a) constitute consent to, or request of, any party for the performance of any work for, or the
furnishing of any materials to, Service Provider; or(b)give Service Provider the right or authority to contract
for, authorize, or permit the performance of any work,or the furnishing of any materials, that would permit the
attaching of a mechanic's lien to CRC's interest in its property.
8. Remedies. If there is a default by Service Provider with respect to the performance of its obligations
under this Agreement, and such default continues for 15 days after CRC delivers written notice of such default
to Service Provider, then CRC may terminate this Agreement and recover from Service Provider all damages
incurred as a result of such default, including, without limitation,the cost to CRC to employ a different Service
Provider to complete the Work. CRC or Service Provider m ay terminate this Agreement,without cause,upon
30 days' written notice to Service Provider or CRC, respectively. CRC may terminate this Agreement, for
cause, immediately upon delivery of "Notice to Cease Services" to Service Provider. If Service Provider:
(a) becomes insolvent, files, or has filed against it, a petition for receivership or bankruptcy; (b) makes a
general assignment for the benefit of creditors; or (c) dissolves; CRC may: (a) terminate this Agreement,
without liability to Service Provider;or(b) exercise any other rights or remedies available at law or in equity.
If this Agreement is terminated as permitted pursuant to this Section, then:(a)Service Provider shall turn the
Work Product over to CRC; (b) subject to, and in accordance with, Section 2, CRC shall pay to Service
Provider, as full compensation hereunder, an amount reasonably attributable to the Work performed by
Service Provider as of the date of termination that remain unpaid as of such date. Any delay by either party
in exercising or pursuing its rights or remedies under this Agreement or the Laws shall not operate to waive
any such rights or remedies, nor in any way affect the rights of such party to exercise or pursue such rights
or remedies at any time thereafter,
9. Indemnity. Service Provider shall indemnify and hold harmless CRC from and against all claims,
suits,judgments, liabilities, losses, costs, and expenses (including, without limitation,reasonable attorneys'
fees and court costs)that result from: (a) the performance of the Work; (b) the failure of Service Provider to
comply with the terms and conditions of this Agreement; and/or (c) the entry by Service Provider onto real
estate not owned by CRC or Service Provider in the course of performing the Work. The indemnities set forth
in this Section shall survive the termination of this Agreement and the completion of the Work by Service
Provider.
10. Additional Work. If CRC and Service Provider agree that Service Provider shall provide services
to CRC that are not included within the Services (the "Additional Services"),then CRC and Service Provider
either shall: (a)amend this Agreement to include the Additional Services; or(b) enter into a new agreement
with respect to the performance of the Additional Services. Until such time as there is either: (a) an
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amendment to this Agreement that includes the Additional Services; or(b) a new agreement with respect to
the performance of the Additional Services; in either case executed by CRC, CRC shall have no obligation
to compensate Service Provider for the performance of any Work with respect to the Additional Services.
11. Assignment. Service Provider shall not assign this Agreement or any of its obligations hereunder
without the prior written consent of CRC, which consent may be withheld in CRC's sole discretion. CRC
may assign this Agreement without the prior written consent to the City or any agency or instrumentality
thereof. CRC otherwise shall riot assign this Agreement without the prior written consent of Service
Provider, which consent may be withheld in Service Provider's sole discretion. In the event of any
assignment in accordance with this Section, CRC or Service Provider shall remain liable to Service
Provider or CRC, respectively, for the performance such obligations.
12. Nondiscrimination. In connection with the performance of this Agreement, Service Provider shall
not discriminate against any employee, applicant for employment, and/or other person in the subcontracting
and/or performance of the Work with respect to hire,tenure, terms, conditions, or privileges of employment
or any matter directly or indirectly related to employment, because of race,age, color, religion, sex, disability,
national origin, or ancestry. No notice or cure period shall apply with respect to the obligation of Service
Provider under this Section, and a default under this Section shall be an immediate event of default.
13. Notice. All notices required to be delivered hereunder shall be in writing, and shall be deemed to
have been delivered when: (a)delivered in person or by; (b)sent by facsimile, with electronic confirmation of
receipt; or(c) sent by nationally recognized overnight carrier; in any case addressed as follows: (a) to CRC
c/o Department of Community Services, City of Carmel, Indiana, One Civic Square, Carmel, Indiana 46032,
Attn: President, Facsimile:317-571-2426,with a copy to Steve Engelking, City of Carmel, One Civic Square,
Carmel, Indiana 46032, Facsimile:317-844-3498 and a copy to Karl P. Haas, Esq.,Wallack Somers& Haas,
One Indiana Square, Suite 1500, Indianapolis, Indiana 46204, Facsimile: 317-231-9900; and (b) to Service
Provider at:23-B North Green Street,Brownsburg,Indiana 46112,Facsirn ile:317-858-8672. Either party may
change its address for notice by written notice delivered to the other party as provided in this Section.
Notwithstanding the foregoing, CRC orally may provide to Service Provider any notice required or permitted
by this Agreement; provided that such notice also shall be delivered as required by this Section within 10
business,days after the date of such oral notice.
14. Miscellaneous. Time is of the essence of this Agreement. This Agreement shall: (a)bind,and inure
to the benefit of,CRC and Service Provider and their respective successors and assigns;and(b)be governed
by, and construed in accordance with, the laws of the State of Indiana. The parties agree that, in the event
of a lawsuit on this Agreement: (a)they shall waive the right to a jury trial, if any; and (b)an appropriate court
in Hamilton County, Indiana shall be the venue for, and have jurisdiction over, the lawsuit. This Agreement
shall not be construed to create a contractual relationship with, give rights or benefits to, or create a cause
of action in favor of, anyone other than the parties hereto. The invalidity or unenforceability of any term or
condition of this Agreement shall not affect the other terms and conditions, and this Agreement shall be
construed in all respects as if such invalid or unenforceable term or condition had not been contained herein.
Each of the undersigned represents that he or she has; (a)the authority to bind CRC or Service Provider,as
applicable; and (b)the proper power and authority to execute this Agreement. All Exhibits referenced in this
Agreement are attached hereto and incorporated herein by reference. This Agreement may be executed in
separate counterparts, each of which when so executed shall be an original, but all of such counterparts shall
together constitute but one and the same instrument.
[Signature page to follow.]
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Contract-Central states Consulllny.vtW d -3-
IN WITNESS WHEREOF, CRC and Service Provider have executed this Agreement as of
the day and year first written above.
CRC:
THE CITY OF CAARRM/EL REDEVELOPMENT
By:
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SERVICE PROVIDER:
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INDEX OF EXHIBITS
Exhibit A General Description of Services
Exhibit B Schedute of Fees to Be Paid to Service Provider
Exhibit C Required Insurance Coverages
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Contact-Central States Cons Wing.vl.wpd -j_
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Brownsburo.IN 46112
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SURVEYING€LAND PLANNING e-mail dmoson-oclk@sbcglobal.nel
March 28, 2013
Attention:
Mr. Matt Worthley
Carmel Redevelopment Commission
111 West Main Street, Suite 140
Carmel, Indiana 46032
To Whom It May Concern:
I, Donald R. Mosson, a registered land surveyor in the State of Indiana, do hereby state
that I as President of Central States Consulting, LLC provide land surveying services to
the Carmel Redevelopment Commission. These services include, but are not limited to,
topographic mapping, boundary surveys, ALTA/ACSM Land Title Surveys, land
descriptions, right-of-way determinations and descriptions, elevation certifications.
easement (drainage, utility, ingress/egress, access...) descriptions and exhibits, surveying
legality issues, and conflicting survey reconciliation.
Feel free to contact me directly at 317-858-8662 (office) or 317-694-4164 (cell) should
you have any questions, comments or concerns regarding this statement
Sincerely,
CD.w.fire
Donald R. Mosson
President
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2009 SURVEY RATE SCHEDULE
DESCRIPTION RATE
Project Executive/Director $135.00
Senior Professional Surveyor $105.00
Project Surveyor $85.00
Survey Technician/Crew Chief $80.00
Senior CAD Technician $70.00
Junior CAD Technician $60.00
Clerical Technician $50.00
Research Technician $55.00
One Person Survey Crew/GPS Technician $100.00
Two Person Survey Crew $145.00
Three Person Survey Crew $185.00
Rates for principals of the company for legal depositions, court testimony, and arbitration
or mediation hearings will be invoiced at$175.00/hour.
The above rates include payroll, payroll burden, overhead and profit.
Overtime may be invoiced at 1.3 times the rates listed above for hours worked on a
project in excess of 40 hours per week.