Ben Hur Construction - Palladium Steel issue 2013�
AGREE��ENTFOR SERViCES ‘1/14 �
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This Agreement for Saw;ces (the ^AUreement"). executed aouf ` l'vlu�h�. 2013 (the
"Effective Date), by and between The City of Carmel Redevelopment Commission ('CRC''), and __Ben
Hu/ Construction Cu_ (the 'Service Pmvider").WITNESSES.
WHEREAS, CRC has determined that it is neueaaary to obtain the services genena!|y
described On Exhibit A,
VVHEREAS, Service Provider has submitted to CRC a proposal for the perfonnunoeo�
such aamicouiho^Propossl")
WHEREAS, CRC has accepted the Proposal: and
WHEREAS, CRC and 5e/vice Provider desire to enter into this Agreement (o formalize
the terms and conditions upon which Servide Provider shall perform s,uch services;
NOW. THEREFORE; for good and valuable consideration. the recept and sufficiency o,
EirC acknowledgc.,:d hereby, CRC and Service Provider agree as follows.
1. S(3rv/coa. Service. Provider shall perform the ',von: detailed on Exhibit B (the ^;■ork^). Service
Pmvme,shak be an ind,::peodnn\ contractor of CRC The term of this A l shah he for s bericd
commenmnQ: (a)onthe Effective Date. and (b) ending on the date thot is eeraiherecfte!. unless
earlier (enn!nated in accordance with the terms, and conditions of this AQneemerd Service Provider
hereby agrees that its performance of the Work may be non-exclusive, in CRC's sole discre.tion.
2. Payment. Service. Provider's compensation for the Work shell be computed in the manner, and
at the naten, described on Exhibit B-1. To receive compensation from CRC, Service Provide rshall submit
to CRC an mvoioe, which invoice shall be /ev|e.*md by CRC at its next regularly scheduled monthly
meeting: ?iowded that. the next regularly scheduled monthly meeting occurs during the month in wh!oh
Service Provider submits its mvo/ce, then such invoice, shall not be considered until tne next requ\ady
scheduled monUhiy meeting after the regularly scheduled meeting that occurs during the month inwhic.h
Semice Provider submits its invoice. CRC she pay the amount set forth on the invoice within a
reasonahle amount of thne after approva of such n\joice.
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Presentations. If CRC requests that Service Provider attend a CRC meeting to. (a) make
presentation with respect to any completed portion of the Work; or (b) answer quesuons with respect b
an invoice submitted to CRC for approval: then Service Provider shall: (a) attend such meednO, and
provide such nformation as CRC reasonably requests; and (b) not receive arty compensation In excess
of the Service Fee. }/CRC requests that Service Provider attend a CRC meeting for any other purpose,
including. without |imdadon, making any other sort of Presentation with respect to the Work, then Service
Provider snail: (a) attend such rneehng. and provide such information as GRC reasonabiy requests, and
(b) receive additional compensation in the amounts set forth on Exhibit B--2.
4. Performance. Service Provider shall perform the Work. (a) in coordination with CRC. cc) in
accordance with the prevailing professional stand'ards in UheCanno|. |ndionu, area for similar services:
and (c) in compliance with all applicable iaws, ntatutos, and/or ordinances, and any applicable
governmental mlen, ragukadons, guidp|inas, arders, and/or decr eo (the "Laws") Pricr to commencing
the Work, Service Provider shall: (a) obtain all permits and approvals required by the Laws; and (b)
obbain, and maintain during performance o[ the Work, all professional licenses and certifications required
by the Laws AU Work performed by Service Provider, negard|eas of whether comp!e|ad (the 'VV»rk.
Product"), shall belong to CRC. If performance of the Work requires the entry by Service Provider onto
real estate not owned by CRC or Senioa Provider, then Service Provider shall be responsible for
obtaining permission to enter onto such real estate. CRC shall designate the executive director of CRC,
currently Les 0do, or his duly authorized representative to act an CRas behalf with respect <o Service
Provider's performance of the Work.
5. Relationship. The employees of Service Provider: (a) are (and shall be considered for aii
purposes to be) the employees or contractors of Service Provider; and (b) 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 such
employees, who shall look exclusively to Service Provder to discharge ail 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, costm, and expenses (including, without |imitaUon, reasonable
attorneys' fees and court costs) that result from any claim for wages, benofika, or otherwise by any ogent,
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, ino}udioU, without hmit*tion. those insurance coverages set forth on Exhibit C
All policies of liability insuranou, except professional liability po||oias, 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
proped;, or any part thereof, by reason of |abor, services or materials claimed to have been performed or
furnished lc or for Service Provider. If any such mechanic's lien is filed against CRC's proparty, 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 hzr, authnrize, or permit the performance of any wmrk, or the furnishing of any
mahoha|u, that would permit the attaching of a mechanic's lien to CRC's interest in its property.
8. Remedies. f there is a defaut 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 Provder, then CRC may terminate this Agreement and recover from
Service Provider all damages incurred as a resut of such dafau|t, including, without limitation, the cost to
CRC to employ a different Service Provider to complete the Work. CRC or Service Provider may
terminate this Agneemant, without cause, upon 30 days' written notice to Service Provider or CRC,
respectively. CRC may terminate this Agreennent, for cause, immediately upon delivery of "Notice to
Cease Services' to Service Provider. If Service Provder: (a) becomes insolvent, fUes, 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 aw or in equity. f 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 Prnvider, as full compensation
henound*r, an amount reasonably attributable to 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
remedien, nor in any way affect the rights of such party to exercise or pursue such rights or remedies at
any time thereafter.
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9. Indemnity, SenicnPxowder ndemoify and hod harmes CRC from and ogalnst aH cairns,
suits, iudgments. liabilities, |osses, costs. and expenses (including, without limitation, naosnnade
attorneys' fees and couri costs) that oesu!ifron (a) the performance of the VVor (b) the failure of Service.
Provider to comply with the terms and conditions of this Agreement, and/o/ (c) the entry by So/rioa
Provider onto real estate not owned by CRC or Service Provider in the course of performing the VVoxk.
The indemnities set forth in this Section shalt survive the termination of this �graeme,m and the
completion of the WO( k by Service Provider.
10. Additional Work. If CRC and Service Pmvidor agree that Service Provider shall provide
services to CRC that are not included within the Work (the "Additional Work"), then CRC and Sep/ice
Provider either shalt: (a) amend this Agreement to include tne Additional Work, or (h) enter into a new
agreement with respect to the performance of the Additional Work. Until such time as there is either: (a)
an arnendrnent to this Agreernent that includes the Additional Work, or (b) a new agreement with respect
to the performance of the Additional Work; in either case executed by CRC. CRC shall have no obligation
to compensate Service Provider for the performance of the Additional Work.
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 Agreernent without the prior written consent to the City or any agency or
instrumentality thereof. CRC otherwise shall not assign this Agreement without the prior written consent
of Service Provider, wh/oh consent may be withheld in Service Pruvide/s sole discretion. In the event of
any assignment in accordance with this Soohon. 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 emp/uyee, applicant for employment, and/or other person in the
suboontraomg and/or performance of the Work with respect to hine, oanure, terms, conditions, or
privileges of employment or any matter directly or indirectly related to amp|nyment, because of raoe, aQo,
co|or, na|igion, oex, disabi|ity, national origin, or ancestry. No notice or cure period shall apply with
respect to the obligation of Service Provider under this Sechon, 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 at: 30 W. Main SL, Suite 220. Carmel, Indiana 46032. Attn: President, Facsimile: 317'571'2426,
with a copy to Karl P. Haas, Esq, WeUack Somers & Haas, One Indiana Square, Suite 2300.
Indianapolis, Indiana 46204, Facsimile. 317'231'9900; and (b) to Service Provider at. 2120 K8ontca|m
St, Indianapolis, IN 46222_ Facsimile: _317.222.7103 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
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hag not been contained herein: Each cf the undersigned represents that he or she has: (e) the authority
to bind CRC or Service Provider, as applicable; 9nd (b) the proper power and authority to execute this
Agceement. Ali Exhibits referenced in this Agreement afe attached hereto and incorporated herein by
reference This Agreement may be executed in separate counterparts, each of which when so executed
shall be an onginal, but all of such counterparts shall together constitute but one and the same
instrument.
[Signature page to fo:lowl
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;N WITNESS WHEREOF, CRC and Service Provkier have executed this Agreement a:.;
of the Effective Date.
CRC:
THE CITY OF CARMEL REDEVELOPMENT
COMIVMSION
BY: ___:01___L•2L
Printed: t1±vL 1=L' immc. —
Titie' CI,1211_
SERVICE PROVIDER:
By:
Ron,Hur CorsfructLn CC,
A
iltre_1444.
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EXHIBIT
Genera! Description of Srvices
Provide investigative services for the Palladium Steel issue 2013.
INDEX OF EXHIBITS
Exhibit A Genera I Description of Services
Exhibit B Detailed !Description of the Work
Exhibit B-1 Schedule of Fees to Be Paid to SeriAcia Provider
Exhibit B-2 Compensation for Attendance 3t Ceitain CRC Meetings
Exhibit C Reqiiired insurance Coverages
EXHIBIT F3
Detailed Description of the Work
Services to include
1. Meet and discuss the proposed retrofit details with the Engineer (Water P. Moore)
This will invo lve. a trip the 1N .P. Moore's office in Dallas, TX as well as at !east one :fig to
Palladium to review the details with the actual field conditions
2. Review details for constructability and suggest changes to assure the retrofit can be
accomplished s the Engineer designs
3. Provide budgets for the work to the Construction Manager,
4 Additional preconstruction ,_::erfices as re2urred by the Owner. Engineer, or Construction
Manager
EXHIBIT B•1
Schedule of Fees to Be Paid to Service Provided
See attached Ben tHiur Construction Go Tirne ,, Material Rates Sheet.
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141 FELIV-1
CONC.,,,I.JCT,Gtv Go
Time and Material Labor Rates
Reg. Shift 2nd Shift Overtime Dbl Tirne
Superintendent 579 31 465 13 899.92 5120191
General For: ah 579.60 584.91 5957575 91 9.69
Foreman 57, 15 952 36 395 39 81'5.63
Journeyman 972 22 977.04 589.86 5107.50
Composite Crew Rate (4 DIV, FR. & C.,F) 874.25 879.23 $92 59 8,110.133
Vice PresleardrDwir,o6 Manager 9105.06
Project Manager 990 00
8.120 00
995.00
1125.00
5110.110
Time and Material Equipment Rates
MONTHLY WEEKLY OMLY
9145,03
9130.0:
HOURLY
Elecs 13t,,4cois i ieb
19' Narrow 9694 9173 935 94.34
20' Narrow 9387 9172 Sa. 5430
26' '/Side 9732 8183 837 9'4.58
26' Narow 9731, 5153 8-37
32' Wide 5310 5330 549 .55_75
:1..35;Finp3;1(.: SCISE,C1 Lifts
25' 91,158 2137
32' 51.250 9315 .963
40' 91 352 1,349 973 90 77
Etraign1 Stick, Porn Lifts.
40' 19, 676 8,418 984 810 8'
40' w;833,yeawer!Welde: 91,817 S45.4 :333 511 213
45140' wilh 5' i!O 81.817 53454 59: 511.zvi
80 92,341 0581) :: 1 1 / 1)14 ".:;;'
60' w/Sli.ypoy.ertWelder 92,4e2 8621 $124 515 51
85760' with .5' ills $2..182 5.621 8124 91553
30' 83 946 8987 5197 824 66
3C' \iv/Ski/power/Welder 44 387 51,002 5704 925.56
85780' with 5' jib 94.087 91,022 5204 925 55
120' 57,333 '81,333 5367 .5-4502
120' w/SkYPowereAreleer 57 475 $ ,',i3C9 9374 9475 72
i':cCirl::, Art;:::,i9Zed B')OFTI L115
36' 3174 5256 974 1)921
34' 51,474 1)368 971 59 21
45' 51 55.1 9351 5173 99 717
Gas/Propane nrtic.:1,r1ed Boom Li3b-i
45' 81 t3Th 7704 584 S104'
GO 92.341 1)7585 .117 914 83
80' 935-16 ..3137 `S197 521.05
Wareho9se Forklifts
5,0003b 51.8;7 53E:,1 ST:, 1)0,116
6,0:103) 5:3,5-77 5,11:' 182 .10 30
Rough lerrain 27311
6.03117b
8,0003)
10,001t)
52,525 5531 5125 415.78
92,673 9863 .81134 74671
93653 91116 1183 $72 01)
Electric Weller 71,388 3272 71,4 97: 5;
Dune] Wr.:1&:, 91,173 9283 :657 3705
DesePM3Ider v.,ith I..N25 'Niro Fe,,:: 81,424 5356 5-' 1
Propane Welder 81,718 5430 986 910 74
Torch . Complete 51,546 9386 $77 99 69
Smoke Eater 5186 5117 423 82.03
"'RATES SUBJECT 10 CHANGE 73)53110UT 1407100—
EXH!B!T C
Required Insurance Coverages
Ben Hur customary policy (c be provided wi(h the Redevelopment Commission list as Acidrtior,ai ln;sur e d