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Paul I. Cripe - Old Fire Station #1 Restroon, Mechanical and Electrical Plumbing & Architectural Design - $6,0007172 Graham Road Indianapolis, IN 46250 317- 842 -6777 FAX: 317 -841 -4798 www.cripe.biz Mr. Les Olds Carmel Redevelopment Commission One Civic Square Carmel, IN 46032 Dear Mr. Olds:: DATE: November 28, 2005 RE: Engagement Contract for Services PROJECT NAME: Old Fire Station #1 -City of Carmel PROJECT LOCATION: Carmel, IN 46032 To ensure a better understanding of Paul I. Cripe, Inc.'s services to Carmel Redevelopment Commission ( "Client "), this letter is to confirm Carmel Redevelopment Commission's request for services and to outline the terms of Paul I. Gripe, Inc.'s contractual arrangement with Carmel Redevelopment Commission. SCOPE OF SERVICES: We have written a job order for the following service(s): Construction drawings for ADA restroom, mechanical and electrical plumbing and architectural design as outlined in the attached proposal letter dated November 28, 2005. Please note: The Scope of Services and Compensation includes an allowance for two (2) meetings to be held with govemmental agencies and /or Carmel Redevelopment Commission. If additional meetings are required, Paul I. Gripe, Inc. will notify Carmel Redevelopment Commission and attendance at the meetings will be charged at Paul I. Cripe, Inc.'s standard hourly rates. Please note: Earth moving operations are a critical element in the construction process. Due to the variable conditions and constraints associated with each site, Paul I. Cripe, Inc. cannot guarantee a balanced site. Please note: The scope of this project is limited to the items specified in the stated "Scope of Services" listed above. Any matters not specifically included in the described scope of services are hereby specifically excluded from the responsibility of Paul I. Cripe, Inc. for investigation, analysis or reporting. - COMPENSATION: The Services will be performed under this contract for a not to exceed fee of $6,000.00. PAYMENT TERMS: Payment shall be rendered as follows: • Payment shall be due upon receipt of the invoice but in no event no later than thirty (30) days. Invoices not contested in writing within ten (10) business days of receipt are considered accepted by Client and are payable in full. Failure to make payment as provided herein could result in Paul I. Cripe, inc. filing a lien on the real property which is the subject of this Contract. • By executing this Engagement Contract for Services, the authorized signer accepts full responsibility for payment of all invoices regardless of third party involvement or outside financing arrangements. • Payment shall be made to the following address: Paul 1. Cripe, Inc , P.O. Box 6069 -Dept. 81, Indianapolis, IN 46206 -6069. • Failure to make payment when due shall be cause for suspension of services or, ultimately, termination, unless and until Paul I. Cripe, Inc. has been paid M full all amounts due for services, expenses and other related charges. • Interest at 11/2% per month, effective rate of 18% per annum, will be due and payable on amounts not paid within thirty (30) days. • Paul I. Cripe, Inc, shall be entitled to attorney's fees and other costs incurred by us in collecting delinquent accounts. • In the event of disputed amounts, payments shall be made to Paul I. Cripe, Inc. promptly on all amounts that are not in dispute. • By executing this Engagement Contract for Services, Carmel Redevelopment Commission waives any limitation on the period in which Paul 1. Cripe, Inc. may file notice of intention to hold a lien against the owner's property to secure payment of our fees. REIMBURSABLE EXPENSES: Costs for advances and other reimbursables including but not limited to, blueprints, photography. equipment charges, courier fees and mileage are extra to the fees. In addition to the above fee, these costs would include reproduction costs of all drawings and documents used internally in the normal work process. INVOICES: Unless otherwise agreed upon, Paul I. Cripe, Inc. will submit monthly invoices to Carmel Redevelopment Commission for Services performed and advances to date. Our invoice will be sent to: Mr. Les Olds Carmel Redevelopment Commission One Civic Square Carmel, IN 46032 ADDITIONAL SERVICES: Services resulting from significant changes in the scope, extent or character of the portion of the Project designed or specified by Paul I. Cripe. Inc. or its design requirements including, but not Limited to, changes in size, complexity, Client's schedule, character of construction or method of financing; and revising previously accepted studies, reports, drawings, specifications or contract documents when such revisions are required by actual changes or interpretation in laws, rules, regulations, ordinances, codes or orders enacted subsequent to or during the preparation of such studies, reports, drawings, specifications or contract documents, unforeseen conditions or are due to any other causes beyond Paul I. Cripe, Inc.'s control, Change in Services shall entitle Paul I, Cripe, Inc. to an adjustment in compensation. Paul I. Cripe, Inc. shall notify the Client of these changes prior to providing such services. SAFETY RESPONSIBILITY: Client shall assign responsibility to contractor for all construction site safety procedures and Paul I. Cripe, Inc: shall have no responsibility for enforcement of said procedures or liability resulting therefrom. PERMITTING: Paul I. Cripe, Inc. shall prepare and obtain all applicable regulatory state and local agency submittals, with the exception of building permits and any other permits normally obtained by the contractor(s). Choose appropriate selection: Client shall provide the required checks for the permitting fees. or Paul I. Cripe, Inc. shall immediately submit to Client an invoice with the estimated permitting fees to apply against the required permits. At the end of the project, if there is a balance remaining in the permitting allowance, Paul 1. Cripe, Inc. shall either apply the balance to the fee balance or return the unused allowance to Client. STANDARD OF CARE: The standard of care for all professional services performed or furnished by Paul I. Cripe, Inc. ( "Consultant ") under this Agreement will be the skill and care used by members of Consultant's profession practicing under similar circumstances at the same time and in the same locality. Consultant makes no warranties, express or implied, under this Agreement or otherwise, in connection with Consultant's services. CONSENT OF OWNER: The undersigned is the owner of the property or the authorized agent of the owner on which Scope of Services described above is to be performed and hereby consents to performance of the Scope of Services. The parties to this contract agree that this Engagement Contract for Services may be executed simultaneously or in two or more counterparts each of which shall be deemed an original but all of which together shall constitute one and the same document. The parties hereto further agree that delivery of this document may be accomplished by electronic facsimile reproduction (FAX) and if FAX delivery is utilized, the FAX copy shall constitute an original. November 28, 2005 Page 2 INDEMNIFICATION: Client and Paul I. Cripe, Inc. each agree to indemnify and hold the other harmless, and their respective officers, employees, agents and representatives, from and against liability for all claims, losses, damages and expenses, including reasonable attorneys' fees, to the extent such claims, losses, damages, or expenses are caused by the indemnifying party's negligent acts, errors or omissions. In the event claims, losses, damages or expenses are caused by the joint or concurrent negligence of Client and Paul I. Cripe, Inc., they shall be bome by each party in proportion to its negligence. TERMINATION: The obligation to provide further services under this Engagement Contract for Services may be terminated by either party upon seven (7) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. to the event of any termination, Paul I. Gripe, Inc. will be paid for all services rendered to the date of termination, reimbursables and termination expenses. DELAYS: Paul 1. Gripe, Inc. shall not be responsible for delays in its work occasioned by fires, floods, explosions, riots, strikes, errors of others, acts of God or change in govemment regulations. Should a delay occur for a reason outlined herein, the term of this agreement shall automatically be extended for a period equal to the delay. DISPUTE RESOLUTION: Client and Paul I. Gripe, Inc. agree that for any disputes in the amount of $6,000.00 or more they shall first submit any and all unsettled claims, counter claims, disputes, and other matters in question between them arising out of or relating to this Agreement to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association, effective as of the date of this agreement. INSTRUMENTS OF SERVICE: Drawings, specifications and other documents, including those in electronic format, prepared by Paul 1. Cripe, Inc. and its consultants, are Instruments of Service for use solely with respect to this project, Paul I. Cripe, Inc. and its consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. Upon execution of this Engagement Contract for Services and upon all monies due and owing to Paul I. Cripe, Inc. from Client, Paul I. Gripe, Inc. grants to Client a nonexclusive license to reproduce Paul I. Cripe, Inc.'s Instrument of Service. Client shall not use the Instruments of Service for future additions or alterations to the Project without the prior written consent of Paul I. Gripe, Inc. Any unauthorized use of the instruments of Service shall be at Client's sole risk and without liability to Paul I. Cripe, Inc. and/or Paul I. Cripe, Inc.'s consultants. Please refer to the following paragraph for use of Instruments of Service. USE OF INSTRUMENTS OF SERVICE NOTICE: The Instruments of Service referred to in the preceding paragraph (i.e drawings, specifications and other documents including those in electronic format), are often subject to interpretation. coordination and/or clarification. In order. 10-insure that you or your contractor, properly interpret and understand these Instruments of Service, it is essential that you oryour contractor contact Paul I. Cripe, Inc directly and obtain a written clarification or interpretation regarding any question, clarification, interpretation or ambiguity that may pertain to 'the Instruments of Service:, In addition, whenever. "a contractor is provided with an Instrument of Service, make sure that you provide them with a complete set of the Instrument of Service as these documents maybe cross - referenced to various pages, details, etc. and must be read in their entirety. It is the contractor's responsibility to utilize construction documents: in their total and to coordinate their use. Lack of project coordination, including coordination of the drawings and specifications as well as subcontractors and others.using these Instruments of Services will not be cause for claims against Paul I. Cripe, Inc. CLIENT SERVICES AND PROVIDED DOCUMENTATION: Paul 1. Cripe, inc. shall be entitled to rely on the accuracy, clarity, completeness and format of documentation, services and information fumished by the Client. Paul I. Cripe, inc. shall provide prompt notice to the Client if Paul I. Gripe, Inc. becomes aware of any errors, omissions, inconsistencies or formatting errors in such documentation, services or information and it shall be the responsibility of Client to correct any errors, omissions or inconsistencies. If Paul I. Cripe, Inc. cannot utilize the provided documentation for its intended purpose, this shall entitle Paul I. Cripe, Inc. to an adjustment in the Scope of Services and Compensation. Paul I. Cripe, Inc. shall notify the Client of these changes prior to providing such services. GOVERNING LAW: The laws of the State of Indiana shall govem as to all questions arising under this Engagement Contract for Services. Please advise Paul 1. Cripe, Inc. immediately in writing if any of the terns of this engagement contract are incorrect. Upon receipt of both pages of this executed contract, Paul I. Cripe, Inc. will proceed with this order as written. The offer of this agreement is valid for a period of thirty (30) days from the date of Issue unless accepted by you in the space below. Paul I. Cripe, Inc. appreciates this opportunity to be of service to Carmel Redevelopment Commission. Sincerely, This Agreement accepted this Carmel edevelopment Commission day of November, 2005, PA L III.INC. Micha rubb.sta A Client Services Director L g s s. pcja ,o %u Authorize • ignature Printed C:SDocuments and Settings1CHEMSLEY ,CRIPENT1Desktoplcontract30day dot Y/, rC1b v trF Is /Omi*Loll All 61.17 f atr t t. /It Pat t p/%l6is�7 (at4.00t A.+a 7172 Graham Road Indianapolis, IN 46250 317- 842 -6777 FAX: 317-841-4798 www_cripe.biz • Architecture • Construction Administration • Engineering • Geographic information Services • Landscape Architecture • Land Planning • Land Surveying • Real Estate Consulting • Transportation Engineering IS4.r9001 5O November 28, 2005 Mr. Les Olds Executive Director Carmel Redevelopment Commission One Civic Square Carmel, IN 46032 PROPOSAL LETTER FOR AN ADA ACCESSIBLE RESTROOM AT FOR OLD FIRE STATION NO. 1 (SWAILS BUILDING), 1ST STREET, SW, CARMEL, INDIANA Dear Les: Paul I. Gripe, Inc. would like to thank you for the opportunity to submit this proposal for architectural services for the above referenced project ( "Project "). We look forward to working with the Carmel Redevelopment Commission on this Project, and it is our mission to "exceed your expectations." Based on our understanding, Paul I. Cripe, Inc. has developed the following detailed Scope of Services to be rendered to do our best to achieve a successful finished project: Scope of Services The project is to consist of architectural services to include: • ADA restroom design and documentation o Entrance door modifications o Recommendations regarding the design of additional features (new overhead doors, exterior windows, painting, etc.) if funding is available. No construction drawings would be provided. Assumptions/Exc1 usions The above Scope of Services was based on the following assumptions and /or exclusions: o Existing building will be made available to design team • Existing underground utilities are in assumed locations as described to us from the "Fire Buffs" staff o No site /civil design o No structural design If these assumptions prove not valid, Paul I. Cripe, Inc. may request an additional services contract to perform any additional scope of work requested by the Owner. Itemized Fees Paul I. Cripe, Inc.'s proposed fixed, not -to- exceed fee to complete the above Scope of Services is as follows: $6,000.00 (Six Thousand Dollars and 00 /100). Mr. Les Olds Executive Director Carmel Redevelopment Commission November 28, 2005 Page 2 In addition, reimbursable expenses and services are not included in the above basic fee and will be invoiced at actual cost. These include, but are not limited to the following: • Faxes • Permit fees • Printing and distribution of bid sets — Printing can be done as a reimbursable expense • Soil testing services (actual soil borings) • Material testing services • Construction staking and construction survey services • Record drawing services • Audio /visual presentations and materials • Copies, prints and mileage This proposal is valid for thirty (30) days following submittal. This proposal is only an offer of Paul I. Cripe, Inc.'s scope of services and is not binding on either party until acceptable terms and conditions have been negotiated and agreed upon between both parties. Thank you for the opportunity to submit this proposal, and we look forward to working with you. We have enclosed an Engagement Contract for Services for your review. Please note that Paul I. Gripe, Inc. has begun work on this project under the terms and conditions of the attached Engagement Contract for Services. I will contact you regarding this proposal letter; however, if you have any questions, please do not hesitate to contact me at 842 -6777. Sincerely, PAUL I. CRIPE, INC. Micha'IA. Grubb, AIA Client Services Director 012005tPR02005100037 - City of Carmel \proposals\ADA Accessible Restroom Proposal Ltr DOC 1 rM-ou 6'77 6-5 S. O-1,PJi 06 14 I50=-9001 One Civic Square Carmel, IN 46X32 (317) 571 -2417 Fax: (317) 571 -2426 To: /V) F C 1-0 Fa3c gL - g From: C \Ci S Pages: Phone: Re: Date: 0 , CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle