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HomeMy WebLinkAboutPSA - Design Services for Elbel Clubhouse Renovation – KIL Architecture & Planning  ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS March 14, 2023 Mr. Gregory A. Kil Kil Architecture/Planning 1126 Lincolnway East South Bend, IN 46601 gkil@kilarchitecture.com RE: Professional Services Agreement Dear Mr. Kil: At its March 14, 2023 meeting, the Board of Public Works approved the above referenced agreement for design services for Elbel Clubhouse Renovation for planning, budgeting and fund raising in an amount not to exceed $17,000. Enclosed please find the original of the agreement for your signature. Please sign and return the original agreement to lhensley@southbendin.gov. Please retain a copy for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh Page 1 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright ©2008 National Society of Professional Engineers for EJCDC. All rights reserved. AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of _March 14, 2023_ (“Effective Date”) between Board of Public Works, City of South Bend, Indiana ("Owner") and _Kil Architecture/Planning________(“Engineer”). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: ___Preliminary Design Study for a New Elbel Golf Course Clubhouse_______(“Project"). Engineer’s Services under this Agreement are generally identified as follows: I.GENERAL: This study entails the development of the schematic design for a new clubhouse for the Elbel Golf Course Clubhouse located at 26595 Auten Road, South Bend, IN 46628. II. SCOPE OF CONSULTATION SERVICES: A. Program: Base Scope 1. Owner would like to replace the existing 1960’s clubhouse with a new Clubhouse facility at the same location of the existing clubhouse. The clubhouse location has great views to the north, NE sunrise and NW sunset. 2. Existing clubhouse does not have a sense of arrival for patrons and first-time visitors, so this is an important design feature to consider. The design should have a clear entrance, welcome feeling and a convenient bag-drop for golfers. 3. Consider a covered drive and portico for guest drop-off for events. 4. The existing clubhouse does not have adequate space for gatherings and events, however, unlike Erskine, the course lends itself to hosting events (ample parking, space to set up outdoor tents, wonderful natural environment, etc). 5. Ideally the new clubhouse would have 3 levels: a. Basement level would have Golf Cart Storage, charging and maintenance, along with mechanical/utility rooms. b. Main level for check-in desk (pay green fees) Golf Pro Shop, Food, Drinks, Dining Room and outdoor terrace for patrons. Consider a possible partnership with a restaurateur to manage and run a full-service restaurant since this part of the county food options are limited. c. Upper Level: This level would house the Event Space. Include a possible Outdoor patio. d. The new facility would be multi-season as it could host events through-out the year. Page 2 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright ©2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6. Consider live music on main level terrace or upper-level deck. 7. Elbel hosts 20 outings per year. This can be increased to increase possible cash flow. 8. Aesthetic would be Rustic/Natural. 9. Club house to be multi-Purpose. 10. Precedent example, Tony Stearns mentioned would be Arcadia Bluffs. 11. Consider providing a modest Changing Room that could include men’s facilities (showers/lockers/etc.) & women’s facilities (showers/lockers/etc.). 12. Event Space could be sized to hold Wedding events up to 150-200 patrons. 13. The present Golf hosted events are sized around 70-100, but ideally could accommodate up to 150 with guests. 14. Accessibility: The project, as a public facility, will be required to meet the accessibility design parameters per the Chapter 11 of the IBC. 15. Develop the exterior design based on a positive first impression. 16. Provide the proposed Site Plan layout in a way that best utilizes the site and where it accommodates the Owner’s program. 17. This study will help the Owner to establish a construction budget for the project. The Owner is requested to prioritize the above program for use by the Architect in the Preliminary Study. B. Schematic Design: The program outlined above and as discussed with Owner will serve as the basis for the Schematic Design for this project. The scope of this contract includes schematic plan development for the Site Plan and Building Floor Plan layout (each level) including exterior elevations. Once scope items A and B have been completed, schematic design plan options (2 options: Larger and smaller facility) to be developed for review with the Owner. Upon review of the initial preliminary plan drawing options with Owner, the Architect will develop subsequent revisions to a selected scheme. One revision to the single selected schematic option is included in this preliminary proposal. Preliminary plans of one of the Schemes to be developed as a final schematic concept per this contract. This Schematic Plan Set can then be presented to local a General Contractor for preliminary budget pricing. Schematic Design Base Scope Deliverables will include: 1. Proposed Site Plan. 2. Proposed Floor Plans of each level (basement/main/upper) for the selected scheme 3. Proposed exterior elevations (4 sides) of the building for selected scheme. Schedule: The preliminary design consultation can be completed within 5 to 7 weeks of a signed agreement. C. Alternate Scope #1 a. This alternate scope, if selected by the Owner, the Architect will develop a schematic 3-D computer model of the project schematic design. This will entail basic roof lines, windows and exterior wall finish. One set of revisions is included in the consultation for this alternate. III.DETAILED DESIGN CONSULTATION (PHASE II): A. Once Owner approval of the Schematic Preliminary Design is gained and a directive has been issued to proceed with detailed Design Development, Permit/Bidding/Construction Documents and Specifications (Phase II) for the selected design solution, a full-service contract based upon a fixed fee, percentage of the construction cost or extending this contract at an hourly rate, will be negotiated. This full-service contract would include detailed civil, architectural consultation along with structural, mechanical and electrical engineering consultation for a submittal to the local building department for permitting. The level of detail required for a set of permit, bidding and construction documents will be determined prior to initiating this final design phase. The fee for this Detailed Design Consultation (Permit/Bidding/Construction Documents/Specs) Phase II typically ranges from 7.5% to 9.5% of the construction cost of the work designed and specified. Fire Protection Engineering drawings are developed and handled by the Fire Protection Subcontractor directly with State Plan Review and Local Building Department. __________________________________________________________________________________ Page 3 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright ©2008 National Society of Professional Engineers for EJCDC. All rights reserved. Owner and Engineer further agree as follows: 1.01 Basic Agreement and Period of Service A.Engineer shall provide, or cause to be provided, the services set forth in this Agreement. If authorized by Owner, or if required because of changes in the Project, Engineer shall furnish services in addition to those set forth above. Owner shall pay Engineer for its services as set forth in Paragraphs 7.01 and 7.02. B.Engineer shall complete its services within a reasonable time, or within the following specific time period: August 15, 2023. C.If the Project includes construction-related professional services, then Engineer's time for completion of services is conditioned on the time for Owner and its contractors to complete construction not exceeding ___ months. If the actual time to complete construction exceeds the number of months indicated, then Engineer's period of service and its total compensation shall be appropriately adjusted. 2.01 Payment Procedures A.Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. Invoices are due and payable within 30 35 days of receipt. If Owner fails to make any payment due Engineer for services and expenses within 30 days after receipt of Engineer’s invoice, then the amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day. In addition, Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until Engineer has been paid in full all amounts due for services, expenses, and other related charges. Owner waives any and all non-disputed claims against Engineer for any such suspension. Payments will be credited first to interest and then to principal. 3.01 Termination A.The obligation to continue performance under this Agreement may be terminated: 1.For cause, a.By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement’s terms through no fault of the terminating party. Failure to pay Engineer for its services is a substantial failure to perform and a basis for termination. b.By Engineer: 1)upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer’s responsibilities as a licensed professional; or 2)upon seven days written notice if the Engineer’s services for the Project are delayed for more than 90 days for reasons beyond Engineer’s control. Page 4 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright ©2008 National Society of Professional Engineers for EJCDC. All rights reserved. Engineer shall have no liability to Owner on account of a termination by Engineer under Paragraph 3.01.A.1.b. c.Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.01.A.1.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2.For convenience, by Owner effective upon Engineer's receipt of written notice from Owner. B.The terminating party under Paragraph 3.01.A may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. C. In the event of any termination under Paragraph 3.01, Engineer will be entitled to invoice Owner and to receive full payment for all non-disputed services performed or furnished in accordance with this Agreement and all reimbursable expenses incurred through the effective date of termination. 4.01 Successors, Assigns, and Beneficiaries A.Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B.Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C.Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. Page 5 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright ©2008 National Society of Professional Engineers for EJCDC. All rights reserved. 5.01 General Considerations A.The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer’s services. Subject to the foregoing standard of care, Engineer and its consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. B.Engineer shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. C.This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located. D.Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor’s failure to furnish and perform its work in accordance with the contract between Owner and such contractor. Engineer is not responsible for variations between actual construction bids or costs and Engineer's opinions or estimates regarding construction costs. E.Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any of their agents or employees or of any other persons (except Engineer’s own employees) at the Project site or otherwise furnishing or performing any construction work; or for any decision made regarding the construction contract requirements, or any application, interpretation, or clarification of the construction contract other than those made by Engineer. F.The general conditions for any construction contract documents prepared hereunder are to be the “Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents Committee (EJCDC C-700, 2007 Edition) unless the parties agree otherwise. G.The Owner acknowledges the Engineer’s construction documents, including all electronic files, as instruments of professional services. Owner shall have a limited license to use the documents on the Project, extensions of the Project, and for related uses of the Owner, subject to the following limitations: (1) Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; (2) any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner’s sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and consultants; (3) Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by Engineer; and (4) such Page 6 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright ©2008 National Society of Professional Engineers for EJCDC. All rights reserved. limited license to Owner shall not create any rights in third parties. Nevertheless, the final construction documents, including all electronic files, prepared under this agreement shall become the property of the Owner upon completion of services and payment in full of all monies due to the Engineer. H.To the fullest extent permitted by law, Owner and Engineer (1) waive against each other, and the other’s employees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project, and (2) agree that Engineer’s total liability to Owner under this Agreement shall be limited to $50,000 or the total amount of compensation received by Engineer, whichever is greater. I.The parties acknowledge that Engineer’s scope of services does not include any services related to a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous substances or waste as defined by the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq., or radioactive materials). If Engineer or any other party encounters a Hazardous Environmental Condition, Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until Owner: (1) retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. J.Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law. 6.01 Total Agreement A.This Agreement (including any expressly incorporated attachments), constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. 7.01 Basis of Payment—Lump Sum A.Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1.A Lump Sum amount of $14,500.00 for base Schematic Design 2.3-D Exterior Model for an amount of $1,600.00 3.Reimbursable Allowance: $900.00 4.Total Schematic Design Fee: $17,000.00 B.The portion of the compensation amount billed monthly for Engineer's services will be based upon Engineer's estimate of the percentage of the total services actually completed during the billing period. [or] Page 7 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright ©2008 National Society of Professional Engineers for EJCDC. All rights reserved. 7.01 Basis of Payment—Hourly Rates Plus Reimbursable Expenses A.Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1.An amount equal to the cumulative hours charged to the Project by each class of Engineer’s employees times standard hourly rates for each applicable billing class for all services performed on the Project, plus reimbursable expenses and Engineer’s consultants’ charges, if any. 2.Engineer’s Standard Hourly Rates are attached as Appendix 1. 3.The total compensation for services and reimbursable expenses is estimated to be $17,000.00. [or] 7.01 Basis of Payment—Percentage of Construction Cost A.Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1. An amount equal to percent of the cost to construct the work designed or specified by the Engineer (“Construction Cost”). This amount includes compensation for Engineer’s Services and services of Engineer’s consultants, if any. The percentage of Construction Costs noted herein accounts for labor, overhead, profit, and reimbursable expenses. 2. As a basis for payment to Engineer, Construction Cost will be based on one or more of the following determinations with precedence in the order listed: a.For work designed or specified by Engineer and incorporated in the completed Project, the actual final cost of the work performed by Contractor. b. For work designed or specified by Engineer but not constructed, the lowest bona fide bid received from a qualified bidder for such work; or, if the work is not bid, the lowest bona fide negotiated proposal or contractor’s estimate for such work. c.For work designed or specified but not constructed, upon which no bid, proposal, or estimate is received, Engineer’s most recent opinion of probable Construction Cost. B.The portion of the compensation amount billed monthly for Engineer's services will be based upon Engineer's estimate of the percentage of the total services actually completed during the billing period. [or] 7.01 Basis of Payment—Direct Labor Costs Times Factor, Plus Reimbursables A.Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1. An amount equal to Engineer’s Direct Labor Costs times a factor of for services of Engineer’s employees engaged on the Project, plus reimbursable expenses, and Engineer’s consultants’ charges, if any. Page 8 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright ©2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2.The total compensation for services and reimbursable expenses is estimated to be $ . 7.02 Additional Services: For additional services of Engineer’s employees engaged directly on the Project, Owner shall pay Engineer an amount equal to the cumulative hours charged to the Project by each class of Engineer’s employees times standard hourly rates for each applicable billing class; plus reimbursable expenses and Engineer’s consultants’ charges, if any. Engineer's standard hourly rates are attached as Appendix 1. Attachments: Appendix 1, Engineer's Standard Hourly Rates Page 9 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright ©2008 National Society of Professional Engineers for EJCDC. All rights reserved. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner:Engineer: City of South Bend, Indiana Board of Public Works By:By: Title:Elizabeth A. Maradik, President Title: By: Title:Joseph R. Molnar,Vice President By: Title:Jordan V. Gathers, Member By: Title:Gary A. Gilot, Member By: Title:Murray L. Miller, Member Attest: Title:Theresa Heffner, Clerk Date:Date: Engineer License or Firm's Certificate No.AR00034454 State of:Indiana Address for giving notices:Address for giving notices: 227 West Jefferson Boulevard South Bend, Indiana 46601 1126 Lincoln Way East South Bend, IN Designated Representative (Paragraph 8.03.A):Designated Representative (Paragraph 8.03.A): Kara M. Boyles, Ph.D., P.E.Gregory A Kil Title:City Engineer Title:President Phone Number:(574) 235-5933 Phone Number:574-288-2654 Facsimile Number:(574) 235-9171 Facsimile Number:574-289-2420 E-Mail Address:kboyles@southbendin.gov E-Mail Address:gkil@kilarchitecture.com March 14, 2023 Appendix 1, Standard Hourly Rates Schedule EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 This is Appendix 1,Engineer’s Standard Hourly Rates, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services dated March 14, 2023. Engineer’s Standard Hourly Rates A.Standard Hourly Rates: 1.Standard Hourly Rates are set forth in this Appendix 1 and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non-project operating costs, and operating margin or profit. 2.The Standard Hourly Rates apply only as specified in Paragraphs 7.01 and 7.02, and are subject to annual review and adjustment. B.Schedule of Hourly Rates: Hourly rates for services performed on or after the Effective Date are: Principal Architect $185.00/hour Project Architect, Level II $143.00/hour Project Architect, Level I $115.00/hour Preservation Architect $125.00/hour Senior Architectural Designer $105.00/hour Administrative $105.00/hour Graduate Architect, Level III $104.00/hour Graduate Architect, Level II $95.00/hour Graduate Architect, Level I $93.00/hour Project Designer $98.00/hour Technical CAD Designer $95.00/hour Intern Architect, Level III $72.00/hour Intern Architect, Level II $63.00/hour Intern Architect, Level I $57.00/hour Clerical Staff $48.00/hour These rates are subject to review and may be changed at the beginning of each calendar year. (7/28/2022) 12/08/2022 Elbel Clubhouse Proposal v2 Kil A/P # 22086 Page 1 1 1 2 6 L I N C O L N W A Y E A S T S O U T H B E N D I N 4 6 6 0 1 ( 5 7 4 ) 2 8 8 . 2 6 5 4 V O I C E 2 8 9 . 2 4 2 0 F A X December 8, 2022 South Bend Park Department 314 East Walter Street South Bend, Indiana 46614 Attn: Tony Sterns Re: Proposal for Preliminary Design Study for a new Elbel Golf Course Clubhouse As per your request, please find our proposal for architectural and engineering consultation for a new proposed Club House for the Elbel Golf Course. I.GENERAL: This study entails the development of the schematic design for a new clubhouse for the Elbel Golf Course Clubhouse located at 26595 Auten Road, South Bend, IN 46628. II.SCOPE OF CONSULTATION SERVICES: A.Program: Base Scope 1.Owner would like to replace the existing 1960’s clubhouse with a new Clubhouse facility at the same location of the existing clubhouse. The clubhouse location has great views to the north, NE sunrise and NW sunset. 2.Existing clubhouse does not have a sense of arrival for patrons and first-time visitors, so this is an important design feature to consider. The design should have a clear entrance, welcome feeling and a convenient bag-drop for golfers. 3.Consider a covered drive and portico for guest drop-off for events. 4.The existing clubhouse does not have adequate space for gatherings and events, however, unlike Erskine, the course lends itself to hosting events (ample parking, space to set up outdoor tents, wonderful natural environment, etc). 5.Ideally the new clubhouse would have 3 levels: a.Basement level would have Golf Cart Storage, charging and maintenance, along with mechanical/utility rooms. b. Main level for check-in desk (pay green fees) Golf Pro Shop, Food, Drinks, Dining Room and outdoor terrace for patrons. Consider a possible partnership with a restaurateur to manage and run a full-service restaurant since this part of the county food options are limited. c.Upper Level: This level would house the Event Space. Include a possible Outdoor patio. d.The new facility would be multi-season as it could host events through-out the year. 6.Consider live music on main level terrace or upper-level deck. 7.Elbel hosts 20 outings per year. This can be increased to increase possible cash flow. 8. Aesthetic would be Rustic/Natural. 9.Club house to be multi-Purpose. 10.Precedent example, Tony Stearns mentioned would be Arcadia Bluffs. 11.Consider providing a modest Changing Room that could include men’s facilities (showers/lockers/etc.) & women’s facilities (showers/lockers/etc.). 12.Event Space could be sized to hold Wedding events up to 150-200 patrons. 13.The present Golf hosted events are sized around 70-100, but ideally could accommodate up to 150 with guests. EXHIBIT A (7/28/2022) 12/08/2022 Elbel Clubhouse Proposal v2 Kil A/P # 22086 Page 2 1 1 2 6 L I N C O L N W A Y E A S T S O U T H B E N D I N 4 6 6 0 1 ( 5 7 4 ) 2 8 8 . 2 6 5 4 V O I C E 2 8 9 . 2 4 2 0 F A X 14.Accessibility: The project, as a public facility, will be required to meet the accessibility design parameters per the Chapter 11 of the IBC. 15. Develop the exterior design based on a positive first impression. 16.Provide the proposed Site Plan layout in a way that best utilizes the site and where it accommodates the Owner’s program. 17.This study will help the Owner to establish a construction budget for the project. The Owner is requested to prioritize the above program for use by the Architect in the Preliminary Study. B.Schematic Design: The program outlined above and as discussed with Owner will serve as the basis for the Schematic Design for this project. The scope of this contract includes schematic plan development for the Site Plan and Building Floor Plan layout (each level) including exterior elevations. Once scope items A and B have been completed, schematic design plan options (2 options: Larger and smaller facility) to be developed for review with the Owner. Upon review of the initial preliminary plan drawing options with Owner, the Architect will develop subsequent revisions to a selected scheme. One revision to the single selected schematic option is included in this preliminary proposal. Preliminary plans of one of the Schemes to be developed as a final schematic concept per this contract. This Schematic Plan Set can then be presented to local a General Contractor for preliminary budget pricing. Schematic Design Base Scope Deliverables will include: 1.Proposed Site Plan. 2. Proposed Floor Plans of each level (basement/main/upper) for the selected scheme 3. Proposed exterior elevations (4 sides) of the building for selected scheme. Schedule: The preliminary design consultation can be completed within 5 to 7 weeks of a signed agreement. C.Alternate Scope #1 a.This alternate scope, if selected by the Owner, the Architect will develop a schematic 3-D computer model of the project schematic design. This will entail basic roof lines, windows and exterior wall finish. One set of revisions is included in the consultation for this alternate. III.DETAILED DESIGN CONSULTATION (PHASE II): A.Once Owner approval of the Schematic Preliminary Design is gained and a directive has been issued to proceed with detailed Design Development, Permit/Bidding/Construction Documents and Specifications (Phase II) for the selected design solution, a full-service contract based upon a fixed fee, percentage of the construction cost or extending this contract at an hourly rate, will be negotiated. This full-service contract would include detailed civil, architectural consultation along with structural, mechanical and electrical engineering consultation for a submittal to the local building department for permitting. The level of detail required for a set of permit, bidding and construction documents will be determined prior to initiating this final design phase. The fee for this Detailed Design Consultation (Permit/Bidding/Construction Documents/Specs) Phase II typically ranges from 7.5% to 9.5% of the construction cost of the work designed and specified. Fire Protection Engineering drawings are developed and handled by the Fire Protection Subcontractor directly with State Plan Review and Local Building Department. EXHIBIT A (7/28/2022) 12/08/2022 Elbel Clubhouse Proposal v2 Kil A/P # 22086 Page 3 1 1 2 6 L I N C O L N W A Y E A S T S O U T H B E N D I N 4 6 6 0 1 ( 5 7 4 ) 2 8 8 . 2 6 5 4 V O I C E 2 8 9 . 2 4 2 0 F A X IV.COMPENSATION: A.Basic Scope of Work (Preliminary Design, Phase I): 1.Fee for Schematic Site and Building Design as per Articles I, II.A and II.B scope of work is: $14,500.00 (fourteen thousand five hundred dollars) B.Alternate for Additional Service as per Article I.D Alternate #1 (Preliminary 3-D computer model) can be provided for a fee of $1,600.00 (one thousand six hundred dollars). To select this Alternate, please initial the section at the end of this proposal. Additional Scope Services can be provided, upon request of the Owner and will be based on the Hourly Rates as listed below, or to be quoted based upon the scope and level of detail requested or required. C.Fee Range for Detailed Design Consultation (Phase II), Design Development and Construction Documents per Article II is: 1.Fee for Phase II Detailed Architectural, Civil, Structural Mechanical/Electrical Engineering Consultation as per Article II.A.1 is to be determined once Schematic Design is complete. It is expected to entail 7.5% to 9.5% of the construction of the work designed and specified. This scope would include necessary detail for permitting and construction. The exact fees for Phase II engineering will be determined as a fixed fee based on the level of detail of the Phase I SD Design approved by the Owner. 2.This scope would include Civil, Structural, Mechanical (HVAC and Plumbing), Electrical Engineering and detailed Architectural Design. D.Standard reimbursable expenses are not included in the above fee. These are as follows: Printing/copying, contracts, mileage at $0.60/mi, documentation, permit fees, Construction Permit Review fee (if required), and other similar expenses in the interest of the project. E.The Owner will be billed at the Standard 2022 hourly rates as follows: Principal Architect $175.00/hour Project Architect, Level II $135.00/hour Project Architect, Level I $110.00/hour Senior Architectural Designer $100.00/hour Graduate Architect, Level III $98.00/hour Graduate Architect, Level II $90.00/hour Graduate Architect, Level I $87.00/hour Project Designer $92.00/hour Technical CAD Designer $89.00/hour Intern Architect, Level III $68.00/hour Intern Architect, Level II $60.00/hour Intern Architect, Level I $54.00/hour Clerical Staff $45.00/hour These rates are subject to review and may be changed at the beginning of each calendar year. EXHIBIT A (7/28/2022) 12/08/2022 Elbel Clubhouse Proposal v2 Kil A/P # 22086 Page 4 1 1 2 6 L I N C O L N W A Y E A S T S O U T H B E N D I N 4 6 6 0 1 ( 5 7 4 ) 2 8 8 . 2 6 5 4 V O I C E 2 8 9 . 2 4 2 0 F A X V.WORK SCOPE QUALIFICATIONS: 1.The design of program scope not outlined under Article I and II. A through I. B above is not part of this preliminary contract but can be provided as an additional service. 2. The new building design proposed will be developed in accordance with the applicable Indiana Building Code. 3.If the Owner desires a study of a possible addition and remodeling to the existing facility, that would be possible but will require additional fees to document the existing building and study the program using this approach. 4.Additional Revisions to Schematic Plan options beyond that listed above may incur additional fees. 5.A submittal to State Plan Review and local building department will be required for review/approval and for pulling a local permit for construction. This will be confirmed with the local building department by reviewing the preliminary plans with the local building commissioner. 6.Site re-zoning, variances, special uses, investigation, research and preparation of easements are not included but can be provided as an additional service. 7.Phase II Fire Protection Engineering drawings are developed and handled by the Fire Protection Subcontractor directly with State Plan Review and Local Building Department. 8.Detailed Civil Engineering, Landscape, Site Utilities (storm, gas, sanitary, water, electrical, IT/data, etc.) and Site design would be provided as part of Phase II consultation. 9.Structural Engineering will be provided as part of Phase II consultation. 10.Detailed Mechanical and Electrical Engineering will be provided as part of Phase II consultation. 11.All permit fees from local or state authorities to be paid by Owner and are not included in the design fee. 12.Hazardous materials investigation and abatement not included. 13.Energy and economic analysis, lifecycle and energy cost analysis is not included. 14.LEED Certification design and/or Green Building Certification or Commissioning is not included. 15.Disassembly and testing of existing equipment and systems is not included. 16.Instruments of Service: The Drawings (including original Construction Documents), schematic, site analysis, specifications, materials, models, sketches, renderings, surveys, reports and other documents, including those prepared as 3D electronic models, using CAD and existing in other electronic formats, prepared or provided by Architect are instruments of service intended for use solely with respect to the Project. It is understood that all information on the files and drawings are considered instruments of the Architect and shall not be used for other projects or completion of this project by others without the express written consent of the Architect. The files shall at all times remain the property of the Architect, and in no case shall the transfer of the files be considered a sale or other transfer of ownership rights. Owner shall be permitted to retain copies including reproducible and originally stamped copies, of all instruments of service, and is granted a license to make any renovation or repairs to the Project provided that all invoices are paid according to proposal terms and “in full”. If invoices are not paid within 90 days, this shall be considered cause for termination for the referenced "use license”" for all project documentation. Owner agrees to indemnify and hold Architect and its Consultants harmless from any subsequent modification of the instruments of service by Owner and from Owner’s use of the instruments of service on future additions not involving Architect. V. PAYMENTS: A.Payments are due and payable 30 days from the date of the Architect’s invoice. Amounts unpaid 30 days after invoice date shall bear interest at a rate of 1.5 %/mo. B.Payments may be made online at https://secure.clientpay.com/pages/kilarchitecture/payments , by scanning the QR code at the end of this proposal or by Check. Online payment fees are nonrefundable. EXHIBIT A (7/28/2022) 12/08/2022 Elbel Clubhouse Proposal v2 Kil A/P # 22086 Page 5 1 1 2 6 L I N C O L N W A Y E A S T S O U T H B E N D I N 4 6 6 0 1 ( 5 7 4 ) 2 8 8 . 2 6 5 4 V O I C E 2 8 9 . 2 4 2 0 F A X This proposal is valid for thirty-five (35) days of the date issued. If not accepted within that time, the Architect reserves the right to modify the fees and terms of the proposal or to withdraw the proposal. If the Owner shall violate or breach the terms or conditions of this contract, the Owner shall pay all costs and expenses including any attorney fees incurred by the Architect in connection with its exercising his rights or remedies he may have under this agreement because of such violation or breach. Client agrees, to the fullest extent permitted by law, to limit the liability of the Architect so that the total aggregate liability of the Architect shall not exceed the Architect’s fee paid for services rendered on the Project pursuant to this Agreement. It is acknowledged that this limitation of liability applies to any and all cause of action, be is sounding in contract, tort, statutory violation or otherwise. If this letter proposal properly sets forth the scope of the architectural planning and design services, please countersign below and forward a retainer check for $1,000.00 (one thousand dollars) so we can begin work on your project. This retainer will be credited to the final invoice for the project. Thank you for the opportunity to submit this proposal and we look forward to working with you to develop the design for your project. If you have any questions, please do not hesitate to contact me. Gregory A. Kil, NCARB, AIA Owner Architect and President Gregory A. Kil & Associates, Inc. d/b/a Kil Architecture / Planning date If Owner desires to include the following alternates, please initial and date: Alternate #1 Preliminary Site/Building exterior 3-D Computer Modeling Initial date END OF PROPOSAL EXHIBIT A BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 03/07/2023 Name Patrick Sherman Department Public Works BPW Date 03/14/2023 Phone Extension 5601 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name Michael Schmidt Dept. Attorney Attorney Name Purchasing Mickey Lovey Check the Appropriate Item Type – Required for All Submissions Professional Services Agreement Contract Proposal Open Market Contract Amendment/Addendum Special Purchase, QPA Bid Opening Bid Award Req. to Advertise Title Sheet Quote Opening Quote Award Reject Bids/Quotes Proposal Opening C/O & PCA No. PCA Chg. Order, No. Traffic Control Resolution Other: Ease./Encroach Required Information Company or Vendor Name KIL Architecture & Planning New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Elbel Clubhouse Renovation Study Project Number PROJ00000416 Funding Source Golf - PR-00023250 Account No. 201-11-202-222-431000 Amount $17,000.00 Terms of Contract NTE - EJCDC Purpose/Description __Development of schematic design for Elbel Clubhouse Renovation for planning, budgeting, and fund raising. _______________________________________________________________ _______________________________ For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: