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HomeMy WebLinkAboutPSA - Walker Field Park Restroom Buidling - KIL Archietecture and Planning ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BREANA N. MICOU 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 25, 2025 Mr. Gregory A. Kil Kil Architecture and Planning 1126 Lincoln Way East South Bend, IN 46601 gkil@kilarchitecture.com RE: Professional Services Agreement Dear Mr. Kil: At its March 25, 2025 meeting, the Board of Public Works approved the above referenced agreement for the initial plans for the restroom building at Walker Field Park in the amount of $8,250. Enclosed please find the original of the agreement for your signature. Please sign and return the original agreement to hhorvath@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/hh 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 25th, 2025___ (“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: Proposed Study of the Existing Field Walker Field House and the Addition of a Predesigned Restroom Structure (“Project"). Engineer’s Services under this Agreement are generally identified as follows: See Exhibit A: Kil Architecture/Planning Agreement for Preliminary Architectural Design and Planning Services for Walker Field House dated 3/19/2025 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: [Here insert any specific completion date, or the time for completion in days, weeks, or months from the Effective Date]. 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. 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. 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. 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. 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. 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. 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. 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. 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 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. 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. 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 $7,750.00 plus up to $500.00 for reimbursable expenses. 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—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 $500.00. [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. 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. 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. 2. The total compensation for services and reimbursable expenses is estimated to be $8,250.00. 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: KIL Agreement for preliminary design proposal and, Engineer's Standard Hourly Rates. 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. 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: Gregory A Kil, NCARB, AIA Architect Title: Elizabeth A. Maradik, President Title: President By: Title: Joseph R. Molnar, Vice President By: Title: Breana N. Micou, 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 46601 Designated Representative (Paragraph 8.03.A): Designated Representative (Paragraph 8.03.A): Kara M. Boyles, Ph.D., P.E. Title: City Engineer Title: Phone Number: (574)235-5933 Phone Number: Facsimile Number: (574)235-9171 Facsimile Number: E-Mail Address:kboyles@southbendin.gov E-Mail Address: March 25, 2025 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 19, 2025. 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 $205.00/hour Director of Planning $160.00/hour Director of Historic Preservation $160.00/hour Project Architect, Level II $160.00/hour Project Architect, Level I $130.00/hour Historic Preservation Architect $140.00/hour Senior Architectural Designer $120.00/hour Administrative $120.00/hour Graduate Architect, Level III $115.00/hour Graduate Architect, Level II $105.00/hour Graduate Architect, Level I $100.00/hour Project Designer $110.00/hour Technical CAD Designer $105.00/hour Intern Architect, Level III $80.00/hour Intern Architect, Level II $70.00/hour Intern Architect, Level I $63.00/hour Clerical Staff $53.00/hour (3/17/2025) 3/19/2025 Walker Field House Proposal_v2 Kil A/P # 25010 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 Agreement for Preliminary Architectural Design and Planning Services For Walker Field House This Agreement defines the scope of preliminary architectural design and planning services, Between the Owner: City of South Bend (hereinafter referred to as Owner) and the Architect: Kil Architecture/Planning (hereinafter referred to as Architect) for the following project: Proposed Study of the Existing Field Walker Field House and the Addition of a Predesigned Restroom Structure (hereinafter referred to as Project) It is understood that this consultation entails a study of the existing Walker Field house for future use along with incorporating a Pre-designed Restroom Building. The Owner shall furnish surveys and documentation describing the physical characteristics of the building, site, legal description and utility locations for use by the Architect. I. SCOPE OF PRELIMINARY SERVICES (PHASE I DESIGN): A.DOCUMENT EXISTING CONDITIONS: The Owner has existing drawings of building. The Architect will use the provided drawings and visit the project site to take field measurements and photography to develop a simplified AutoCAD floor plan drawing of the existing structure along with a site plan for use in the proposed study. The Owner shall provide a site survey for use by the Architect showing property lines, building location and site utilities (topo-grades/gas/water/sanitary/electric/gas/data, etc.) for use in this study. B. ESTABLISH PROGRAM AND GOALS: The Architect will meet with a Owner to develop a detailed program for the proposed use of space. This Program will be used by the Architect in developing a schematic design proposal for and addition or a new free standing building. 1.Provide site design and foundations for a new pre-designed restroom building. 2.Restroom building to have two single person restroom stalls. 3.Provide sidewalks and pathways to connect parking and buildings. 4.Provide conceptual layouts for fieldhouse courtyard. 5.Provide the proposed new layouts in a way that best utilizes the existing conditions as much as possible and where it accommodates the Owner’s program. The Owner is requested to prioritize the above program for use by the Architect in this Phase I Preliminary Study. C.CODE REVIEW: Prepare a basic building code review for the project based upon construction type, proposed occupancy classification(s) and size of building. Identify fire and life safety upgrades as applicable to the scheme developed. Spaces will be designed for code compliance: Accessible exit route to be developed and maintained as required by code. EXHIBIT A - EJCDC (3/17/2025) 3/19/2025 Walker Field House Proposal_v2 Kil A/P # 25010 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 D.SCHEMATIC BUILDING DESIGN: Once scope items A, B and C have been completed, schematic design options for the new free standing building and site design will be developed for review with the Owner. Upon review of the Schematic Plan options, a subsequent revision to one selected schematic site plan and for one free standing building option will be developed. One set of revisions is included for the selected addition design and one set of revision to the selected free standing building design is included in this preliminary study. One face to face meeting at the site and two virtual meetings are included in the Phase I scope. Deliverable drawings and documents for Phase I Schematic Design will include: 1.Existing Building Plans: 1st level 2.Proposed foundation design for pre-designed free-standing building 3.Proposed site plan 4.Basic Code review (2-4 page narrative) These Schematic Plans can be presented to the Owners Contractor for budget pricing. II. DETAILED BIDDING, PERMIT AND CONSTRUCTION DOCUMENTS (PHASE II): A.Once Owner approval of the Schematic Preliminary Design (Phase I) is gained and a written directive has been issued by Owner to proceed with detailed Construction Documents 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 structural engineering consultation (where required). The level of detail required for a set of bidding and construction documents will be determined prior to initiating this final design phase. III.COMPENSATION: A. PHASE I SCHEMATIC DESIGN: a.Documentation: (Scope Item A, as noted under Article I above) will be developed at a fee of $750.00 (seven hundred fifty dollars). b.The Phase I Schematic Design Consultation and Code Study (Scope Items B through D as noted under Article I) will be developed at a fee of $7,000.00 (seven thousand dollars). c.The Phase II Permit and Construction Documents (Scope Items A through B as noted under Article II) will be developed at a fee to be determined. B.REIMBURSABLE EXPENSE: Standard reimbursable expenses are not included in the above fee. These are as follows: Printing/copying, AIA contract document fees (design/construction), fee for laser imaging scanning (LiDAR), high-res drone photography fee, mileage at $0.67/mi, documentation, permit fees, Construction Permit Review fee (if required), and other similar expenses in the interest of the project. Reimbursable expenses not to exceed $500.00 C.The Owner will be billed at the Standard 2025 hourly rates as follows: Principal Architect $205.00/hour Director of Planning $160.00/hour Director of Historic Preservation $160.00/hour Project Architect, Level II $160.00/hour Project Architect, Level I $130.00/hour Historic Preservation Architect $140.00/hour EXHIBIT A - EJCDC (3/17/2025) 3/19/2025 Walker Field House Proposal_v2 Kil A/P # 25010 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 Senior Architectural Designer $120.00/hour Administrative $120.00/hour Graduate Architect, Level III $115.00/hour Graduate Architect, Level II $105.00/hour Graduate Architect, Level I $100.00/hour Project Designer $110.00/hour Technical CAD Designer $105.00/hour Intern Architect, Level III $80.00/hour Intern Architect, Level II $70.00/hour Intern Architect, Level I $63.00/hour Clerical Staff $53.00/hour These rates are subject to review and may be changed at the beginning of each calendar year. IV.OWNER RESPONSIBILITIES: A.The Owner shall provide full information regarding requirements for the project. B.The Owner shall establish and update an overall construction budget for the project including reasonable contingencies. C.The Owner shall furnish surveys describing the physical characteristics, legal limitations and utility locations of the site of the project, including a legal description. V.Work Scope Qualifications: Architectural and Engineering consultation services authorized in writing by the Owner beyond the scope of this Contract will be billed at the Architect’s hourly rates as stated below (or Consultant’s hourly rates). The following are additional services that may be required or requested by the Owner that are not included in the basic scope of Phase I Preliminary Design: a.Changes to the scope of the program as requested by the Owner after the preliminary design has begun or completed as outlined under Article I above, requiring additional time on behalf of the Architect may incur additional fees. b.Proposed Pre-designed free-standing building floor plans provided by Manufacturer. c.Proposed Basic Elevations of free-standing building provided by Manufacturer. d.Site Survey is not included and a property survey (boundary, topo, site utilities, location of building, etc.) to be provided by the Owner for use by the Architect. e.Civil Engineering is not included in the scope of this agreement, but would be part of Phase II as required. f.Structural Engineering is not included in the scope of this agreement, but would be part of Phase II as required. g.The preparation of complete 3-D computer model images of the project (interior and exterior) can be developed as an additional service (at a fixed fee per scope or at an hourly rate). h.Variances, easements and/or rezoning are not included, but can be provided if requested by the Owner. i.Bidding and/or Construction Administrative Phase services are not included in this Scope of Work, but consultation but will be provided as an additional service. We recommend the Architect provide site visits to confirm compliance of construction with the submitted documents and review of contractor’s critical shop drawing submittals. A fee for this consultation would be determined at a later date. j.Identification or evaluation of environmental conditions or hazardous materials is not included. k.Instruments of Service: The Drawings and Documents (defined in the Standard Terms and Conditions for Agreement 2025 attached hereto) (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 EXHIBIT A - EJCDC (3/17/2025) 3/19/2025 Walker Field House Proposal_v2 Kil A/P # 25010 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 in other electronic formats, prepared or provided by Architect are “Instruments of Service” The files shall at all times remain the property of the Architect, but Owner is hereby granted an exclusive, unconditioned, royalty-free, irrevocable, perpetual and transferrable license to use the ”Instruments of Service” 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”. 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. VI.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. 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. The prevailing party in any dispute arising out of or relating to this Agreement or its breach that is resolved by a binding dispute-resolution process will be entitled to recover from the other party reasonable costs and expenses (including attorney fees) incurred by the prevailing party in connection with such dispute-resolution process. Owner 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 it 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. Printed Name and Title d/b/a Kil Architecture / Planning Date _________________________________ Phone: 574-2882654 Best Phone Contact Number:________________ EXHIBIT A - EJCDC (3/17/2025) 3/19/2025 Walker Field House Proposal_v2 Kil A/P # 25010 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 ATTACHMENT: Exhibit A, Kil Architecture/Planning Standard Terms and Conditions for Agreement END OF PROPOSAL EXHIBIT A - EJCDC BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 03/20/2025 Name: Patrick Sherman Department of Public Works – Engineering Division BPW Date: 03/25/2025 Phone Extension: 5601 Required Prior to Submittal to Board BPW Attorney X Attorney Name Michael Schmidt Dept. Attorney Attorney Name Purchasing 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 and Planning New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Walker Field Restroom Building Project Number 125-024 Funding Source 456-10-101-121-444000 Account No. PR/PO # TBD Amount $8,250.00 Terms of Contract PSA -EJCDC Special Contract Provisions Purpose/Description Initial plans for restroom building at Walker Field Park. 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: