|
<br />
<br />
<br />MDA Proposal: «ProjectNumber»
<br />
<br />PROPOSAL
<br />M22-0160 – MLK, JR. COMMUNITY CENTER_PHASE 2 Services MDA PROPOSAL
<br />SCHEDULE A:
<br />GENERAL CONDITIONS
<br />M22-0160 – Detailed Design Services for MLK, Jr. Community Center – Phase 2
<br />
<br />These general conditions apply to the proposal agreement dated June 15, 2022 between City of South Bend. hereinafter referred
<br />to as “Owner” and METICULOUS Design + Architecture, LLC Hereinafter referred to as “Architect.”
<br />
<br />Note: For any conflicting information, the terms and conditions outlined in the EJCDC take precedence.
<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 Damon F. Hewlin, Partner-in-Charge for contractual matters and the Project Manager will be Jeffrey Moshier
<br />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 al l 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 EJCDC contracts for review and signature. Upon acceptance of any subsequent 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 EJCDC contracts and shall not be void unless agreed upon in writing
<br />by 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: Environmental (site contamination) Research are not a part of this contract. It is understood that the Owner will
<br />obtain all information regarding these issues and inform the design team accordingly.
<br />
<br />
|