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<br />MDA Proposal: «ProjectNumber»
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<br />PROPOSAL
<br />M21-0200 – MLK, JR. COMMUNITY CENTER
<br />PRELIMINARY D i S i
<br />MDA PROPOSAL
<br />SCHEDULE A:
<br />GENERAL CONDITIONS
<br />M21‐0200 – Preliminary Design Services for MLK, Jr. Community Center
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<br />These general conditions apply to the proposal agreement dated October 28, 2021 between City of South Bend. hereinafter
<br />referred to as “Owner” and METICULOUS Design + Architecture, LLC Hereinafter referred to as “Architect.”
<br />1. In an effort to have the project run as smoothly as possible, the ARCHITECT requests one singular point of contact be
<br />designated and assigned as agreed upon by the Owner to coordinate the entire design and construction process, or simple
<br />designation listed in the contract as to whom will be that point of contact per the specific phase. the ARCHITECT’s point of
<br />contact will be Brian A. Robinson, Principal‐in‐Charge for contractual matters and the Project Manager will be Brian A.
<br />Robinson for project coordination.
<br />2. Invoices for services and reimbursable provided by the ARCHITECT will be rendered monthly covering the time spent during
<br />the previous month. Invoices are due upon receipt. A late fee of 5% per month will be charged on amounts unpaid within (30)
<br />days from the date of the invoice. If the invoice is not paid within 90 days, the ARCHITECT may, without liability whatsoever
<br />to the Client and after giving 7 days written notice, suspend services under this agreement until all past due accounts have
<br />been paid.
<br />3. Upon execution of the proposal a design schedule will be provided to the owner for review and acceptance. Owner accepts
<br />one (1) week Mobilization period as part of design schedule. Additionally, the ARCHITECT reserves the right to submit to the
<br />owner corresponding AIA contracts for review and signature. Upon acceptance of any subsequent AIA contracts this proposal,
<br />and the accepted design schedule will be included as exhibits to the contract. This proposal serves as the general agreement,
<br />and outline of services to be incorporated in subsequent AIA contracts and shall not be void unless agreed upon in writing by
<br />all parties in any subsequent contracts presented to the Owner.
<br />4. This Agreement may be terminated by either party, at any phase, upon at least seven (7) days written notice should the other
<br />party default under the terms of this Agreement or otherwise fail substantially to perform in accordance with its terms through
<br />no fault of the party initiating the termination. In the event of termination, the ARCHITECT shall be compensated for all
<br />services performed to termination date, together with reimbursable expenses incurred to date.
<br />5. If the project is abandoned, in part or in whole, payment for the services performed shall be made upon presentation of a
<br />final accounting of services rendered and expenses incurred since the last paid invoice to the date of such action.
<br />6. Any claims or disputes made during design, construction or post‐construction between the Owner and the ARCHITECT shall
<br />be submitted to non‐binding mediation. The Owner and the ARCHITECT agree to include a similar mediation agreement with
<br />all consultants, contractors, subcontractors, sub‐consultants, suppliers, and fabricators involved in this project, thereby
<br />providing for mediation as the primary method for dispute resolution between all parties.
<br />7. The ARCHITECT and the ARCHITECT’s consultants shall be deemed the authors and owners of their respective Instruments of
<br />Service, including all documents, reports, presentation graphics, Drawings, and Specifications, and shall retain all common
<br />law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet
<br />official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in
<br />derogation of the reserved rights of the ARCHITECT and the ARCHITECT’s consultants.
<br />8. Upon execution of this Agreement, the ARCHITECT grants to the Owner a nonexclusive license to use the ARCHITECT’s
<br />Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the
<br />Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due,
<br />under this Agreement. If the ARCHITECT rightfully terminates this Agreement for cause as provided in Section 4 of the General
<br />Conditions, the license granted in this Section 8 shall terminate.
<br />9. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party
<br />without the prior written agreement of the ARCHITECT. Any unauthorized use of the Instruments of Service shall be at the
<br />Owner’s sole risk and without liability to the ARCHITECT and the ARCHITECT’s consultants.
<br />10. Please note: Site survey, Geotechnical soil tests, and any Environmental (site contamination) Research are not a part of this
<br />contract. It is understood that the Owner will obtain all information regarding these issues and inform the design team
<br />accordingly.
<br />11. An allowance for Site/Civil engineering and/or landscape design/consultant fees are not included as part of this proposal. If
<br />discovered as necessary, such services may be provided by consultants under contract to the ARCHITECT and billed in addition
<br />to the above fees upon review and approval of consultant’s contracts by Owner. Additional consultant contracts will not be
<br />entered by the ARCHITECT without prior written consent by the Owner.
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