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HomeMy WebLinkAboutBPW-12-06-17-10/RATIO Architects, Inc/726,250/Brookshire Golf Club Replacement FacilityRESOLUTION NO. BPW 12-06-17-10 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING RECEIPT OF CONTRACT WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana ("City"), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3(9), only the Mayor is authorized to sign City contracts; and WHEREAS, pursuant to his authority under Indiana law, Mayor James C. Brainard has caused to be signed the City contract attached hereto as Exhibit A (the "Contract"); and WHEREAS, Mayor Brainard now wishes to present the contract to the City's Board of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk -Treasurer's Office, and made available to the public for review. follows: NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk -Treasurer and thereafter made available to the public for review. SO RESOLVED this day of SCP , 2017. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: Af�- PR-��M± James Brainard, Presiding Officer Mary Date: Lori S. Wats , Me ber Date: l q t alt `l S:\E Bass\My Documents\BPW-Resolutions\2017Wcknowledge Ratio Architects Professional Services.docxl1/28/2017 11:49 AM RATIO Architects, Inc. Brookshire Golf Course - 2017 Appropriation # P.O.# ` p I Contract Not To Exceed $726,250.00 JA� AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is hereby made and entered(hereinafter and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety here "City"), and RATIO Architects, Inc. (hereinafter "Professional"). _RECITALS WHEREAS City owns and is responsible for the operation and maintenance of its property, personnel, public works and infrastructure; and WHEREAS, from time to time, City needs professional assistance in fulfilling its foregoing responsibilities; and WHEREAS, Professional is experienced in providing and desires to provide to City the professional services ("Services") referenced herein; and Professional as an independent contractor for the purpose of providing to WHEREAS, City desires to engage City the Services referenced herein; tion of the foregoing recitals and the covenants and conditions set forth NOW, THEREFORE, in considera herein, City and Professional mutually agree as follows: SECTION 1 INCORPORATION OF RECITALS The foregoing Recitals are hereby incorporated into this Agreement and made a part hereof. SECTION 2 SCOPE OF SERVICES 2.1 Ci desires to engage Professional as an independent contractor for the Services set forth in attached Exhibit A, incorporated herein by this reference. ofessional to provide 2.2 Professional understands and agrees that City may, from timeServices from irne, request rProfessional, the City additional or modified Services to City. When City desires additionalin which same are to shall notify Professional of such additional Services desired, aand cost est mat a orell as the time frme the provision of such be provided. Only after City has approved Professionals timerofesson additional Services, has encumbered sufficient monies to pay forsame, by ProfessionalPto City! A copy writing,writing, to provide such additional Services, shall such Services bee pp of the City's authorization documents for the purchase of additional Services shall be numbered and attached hereto in the order in which they are approved by City. 2.3 Time is of the essence of this Agreement. IX.,c/rQlnnckr�CanrnclsUiniro MA.— Prof Svca Brmkshue GC Reviud (2).dnc: 1111 (J2017 2.3%PMI ' RATIO Architects, Inc. Brookshire Golf Course - 2017 Appropriation # • P.O.# Contract Not To Exceed $726250.00 MISCELLANEOUS SEC_ T_ I_ 7.1 Term_ tion bli ation to provide all or any portion of the Services under this Agreement may be terminated 7.1.1 Theo g thirty by City or Prolessional, without cause, upon , ( 30 ) days' notice. vide all or any portion of the Services under this Agreement o Cease Services.teated 7,1,2 The obligation pro n Professional's receipt of city's Notice by City, for causs e, immediately upo compensation expenses incurred as of 7.1.3 In the event of full or partial Agreement to u h Servicesinationi das full and rendered and excomplete hereunder, Professional shall be paid for all s ment amount shall not exceed the date of termination that arnin dispute, except amounts hall bethesolved as allowed by law. at such pay the Estimate. Disputed compensation 7.2 Binding City and Professional, and their respective officxrs: officials, agents, pHers and successors in interest are bound to the other as to all Agreement terms, conditions and obligations. 7.3 No Thi= Party Beneficiaries Nothing contained herein shall be construed to give rights or benefits to anyone other than the parties hereto. 7,4 Relationshi parties hereto shall be as provided for in this AgreeProfessional neither shallProfessional sole The relationship of the p employees. any of its agents, employees or contractors are City, contractual and other responsibility to pay to or for its agents, employees and contractors all statutory, for and obligations as they become due. Professional herebyCwa as a result of and any lcllaim for wages, benefits and/Or9 from any and all costs, fees, expenses and/or damages incurred by r related to the e a regarding ormination of this Agreementsubje ct benefits or otherwise by any 9 ent, employee or contractor of Professional . matter of this Agreement. This indemnification obligation shall survive the 7.5 Insurance procure and maintain with an insurer licensed to do business in the state of Professional from all claims underlaworkers' Professional shall pr and Profess for the protection of City compensation acts, because of errors and insurance as is necessary sickness, disease, or compensation, occupational disease and/or unemployment com� personal injury, in u to or including, but not limited to, omissions, because d bodily injury, ants or contractors and/or because of any injury death of any of Professional's employees, a9 loss of use resulting therefrom. The coverage destruction of property, including, but not limited to, any amounts shall be no less than those amounts set forth on attached Exhibit C• Such insurance policies shall not be canceled without thirty (30) days' prior written notice to City. IX:Y ImM�mtrr-,N2ru+Md�ica,. Pa Svc' 8__U, -,"�1�0� II/I62U172:78 PMI RATIO Architects, Inc. Brookshire Golf Course - 2017 Appropriation # ; P.O.# Contract Not To Exceed $726,250.00 7.11 E-Verifv Pursuant to I.C. § 22-5-1.7 et seq., Professional shall enroll in and verity the work eligibility status of all of its newly -hired employees using the E -Verify program, if it has not already done so as of the date of this Agreement. Professional is further required to execute the attached Affidavit, herein referred to as Exhibit D, which is an Affidavit affirming that: (i) Professional is enrolled and is participating in the E -verify program, and (ii) Professional does not knowingly employ any unauthorized aliens. This Addendum incorporates by reference, and in its entirety, attached Exhibit D. In support of the Affidavit, Professional shall provide the City with documentation that it has enrolled and is participating in the E -Verify program. This Agreement shall not take effect until said Affidavit is signed by Professional and delivered to the City's authorized representative. Should Professional subcontract for the performance of any work under this Addendum, the Professional shall require any subcontractor(s) to certify by affidavit that: (i) the subcontractor does not knowingly employ or contract with any unauthorized aliens, and (ii) the subcontractor has enrolled and is participating in the E -verify program. Professional shall maintain a copy of such certification for the duration of the term of any subcontract. Professional shall also deliver a copy of the certification to the City within seven (7) days of the effective date of the subcontract. If Professional, or any subcontractor of Professional, knowingly employs or contracts with any unauthorized aliens, or retains an employee or contract with a person that the Professional or subcontractor subsequently learns is an unauthorized alien, Professional shall terminate the employment of or contract with the unauthorized alien within thirty (30) days ("Cure Period"). Should the Professional or any subcontractor of Professional fail to cure within the Cure Period, the City has the right to terminate this Agreement without consequence. The E -Verify requirements of this Agreement will not apply, should the E -Verify program cease to exist. 7.12 Severability if any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be stricken, and all other provisions of this Agreement that can operate independently of same shall continue in full force and effect. 7.13 Notice Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this Agreement shall be written and either hand -delivered or sent by prepaid U.S. certified mail, return receipt requested, addressed to the parties as follows: CITY: City of Carmel Brookshire Golf Course One Civic Square Carmel, Indiana 46032 ATTENTION: Bob Higgins tX:yobalsedn'Cantrws%pAla Art.#ia is Prof Sv Brw*A R GC Revi� 12)Ane 11/1612017 2:78 PMI Douglas C. Haney Corporation Counsel One Civic Square Carmel, Indiana 46032 RATIO Architects, Inc. Brookshire Golf Course - 2017 Appropriation # ; P.O.# Contract Not To Exceed $726,250.00 7.19 Representation and Warranties is authorized to enter into this Agreement and that any Each party hereto represents and warrants that t the person or entity executing this Agreement on behalf of such party has the authorityto bind such parry o party which they represent, as the case may be. 7.20 Headin s All headings and sections of this Agreement are inserted for convenience an eonly and. do not form a part of this Agreement nor limit, expand or otherwise alter the meaning o y provision 7.21 Advice of Counsel t, have had an opportunity to The parties warrant that they have read this Agreement and fully lotiation of samnd le, and enter into same freely, obtain the advice and assistance of counsel throughout the g voluntarily, and without any duress, undue influence or coercion. 7.22 Co ri ht City acknowledges that various materials which may be f formats, rats comprehensivsed and/or e epos on questionnaire, d by Professional in performance of Services, including forms, job description ri Ci agrees that all ownership rights and compensation and classification plan and reports are copyrighted. City g copyrights thereto lie with Professional, and City will use themsolely for and n e alf o ws n opera pect t tions. City agrees that it will take appropriate action with its employees satisfy copying, protection and security of Professional's property. 7.23 Personnel , or will secure at its own expee employees mlllooypersonnel of orany required ha e I performing Professional represents that it hascontractual services under this agreement. Such personnel shall not be p Y Professional relationship with City. All of the services required hereunder will beperformed by such services. uner his rfed supervision and all personnel engaged in the work shall be fully qua perform 7.24 Records and Inspections o all matters Professional shall maintain full and accurate records with resileination of this Ag Bement C'tyred under shall have fere agreement for three (3) years after the expiration or early t the a ccess at all proper times to such records and the right to e amin e and dit actio tae a and to make transcripts there from, and to inspect all program data, docu , 7,25 Accomolishment of Protect Professional shall commence, carry on, and complete the project with the eo�and lalld'spatch, in a appl cable laws. n nd Pro economical and efficient manner, in accordance with the provisions ro riate to ensure that the work accomplishing the project, ed with related work being carrsional shall take Such eied on within C ty's organizatps as are apiion. involved is properly coordinated I,(:, �,dcr�Cn•trwa�R,dio A,aiwd. Pd Soo B,oduhirc 0C Reviad (2)•d_11/IN2017 2:38 PMI Architecture Preservation Interior Design Landscape Architecture Urban Design t Planning Graphic Design September 21, 2017 The Honorable Mayor James Brainard Carmel City Hall, Mayor's Office One Civic Square Carmel, IN 46032 Re RATIO Professional Services Proposal I Brookshire Golf Club Replacement Facility Dear Mayor James Brainard, Pursuant to the proposed new Brookshire Golf Club Replacement facility, RATIO is pleased to submit this final letter of proposal dated September 21" for your review and authorization. This document amends our two previous documents initiated to release our services prior to bonding approval, namely RATIO's May 15" Letter of Intent (LOD and May 261 letter of proposal draft for design services. In the spirit of our ongoing commitment evidenced to the City, we anticipate continuing design work awaiting prompt signature of this letter of proposal — hereby describing the established project scope, services required, schedule and associated fee compensation. Thank you, in advance, for your authorization and shared commitment. PROJECT SCOPE We understand the project involves the construction of a new Brookshire Golf Club and separate Pool facility to replace the current facilities located at 12120 Brookshire Parkway, Carmel, Indiana. The golf club and pool facility is currently owned and operated by the City of Carmel, however the pool facility is operated in cooperation with the local Brookshire Neighborhood Association (HOA). The much -enjoyed Brookshire Goff Course was designed by noted and legendary golf course architect William (Bill) Diddel and was established in 1970. While the golf course itself has evolved, adapting to its environment and customer base, the original golf clubhouse, bath house and pool facilities have continued to operate in poorly outdated and inefficient facility conditions. Working in conjunction with CM as Constructor, Shiel Sexton Construction, our proposal has assumed the project will entail a single -prime contract with construction delivered through a list of pre -qualified subconstractors. The scope of new construction for the golf club house, bath house, pool, revised parking area and site landscape has been estimated currently at approximately $8.15M including minor club house furnishings, window treatments and kitchen equipment — note the cost model dated September 15, 2017 presented at the last meeting. Part 1 Brookshire Golf Club Replacement We understand the project involves the construction of a new 19,000 sq ft. neighborhood golf clubhouse to serve the existing golf course that is enjoying increased play and attention due to the inspiring location in the City of Carmel. The desire is to construct an open and inviting neighborhood facility that not only functions well as a modem golf clubhouse, but also accommodates neighborhood or community functions with safe, efficient and durable operating conditions utilizing a limited number of staff members for efficiency in operation. With a traditional feel creating a strong sense of place, the new clubhouse will appear grounded and comfortable in the established Brookshire neighborhood and City of Carmel context. While minimal in size compared to other larger full-service club facilities, the program of spaces includes a golf pro shop, golf offices, an administrative staff office, a grill lounge, a 125 to 150 -person community room (aka the Cool Creek Room) with a small balconette, a small snack kitchen, a warming kitchenette, restroom facilities, storage for tables/chairs, and a cart storage room housing approximately 68 to 72 existing golf carts in the lower level. Beyond the funcfions of golf and practicing, the two-story facility will also accommodate family gatherings, community meetings or functions, smaller wedding receptions and the like. The location of the new structure will take advantage of existing and new parking, practice areas, natural views outward toward the golf course and welcoming views from Brookshire Parkway toward the new architecture Part 2 Brookshire Pool & Bath House Separate from the golf structure, this portion of the project involves the construction of a new pool and bath house facility for seasonal membership use by families in the neighborhood, or adjacent neighborhood community under operation by the Brookshire HOA. The architecture will have a pleasant, functional and timeless appearance similar to the golf club house architecture, but not elaborate for reasons of cost and simplicity. The replacement bath house will be efficiently designed at approximately 600 sq. ft. with an entry control gateway, small staff/guard office, and only two unisex restrooms/changing rooms due to users relying more on individual home facilities. The pool equipment, pumps and filters will locate in a secured outdoor fenced area adequately screened and landscaped, but near the pool to reduce cost of piping and systems. _.fir ar r�r° Et 6 RATIO Architects, Inc. 101 South Pennsylvania Street Indianapolis, Indiana 46204-3684 317.633.4040 f: 317.633.4153 RATIOarchitectsxw Indianapolis, IN Champaign, IL Raleigh, NC Chicago, IL The Honorable Mayor lames Brainard Page 3 / RATIO Proposal for the Brookshire Golf Club Replacement facility September 21, 2017 In consideration of the Scope, Services, Schedule and Budget, RATIO will provide basic services and key identified additional services for the stipulated lump sum fee of Six Hundred Eighty Seven Thousand Two Hundred Fifty Dollars ($687,250.00) + reimbursable expenses identified below. Basic Renovation Services + Add'I Services itemized per Phase Basic Services x 7.5% of $8.15M $ 611,250 Interior Space Program Definition $ 3,500 Aquatics Concept Design (enable design -build) $ 25.000 Kitchen Equipment Planning & Design $ 9,500 Independent SO Cost Estimate (Shiel's scope) $16,000 Intem FFE/AV Assist LEED Sustainability approach (no Cert'ttn incl) $ 12,500 CA additional visits (12) during Accel'd Constr 5. Associate L__3.544 Total Lump Sum Fee by Service $ 681,250* marcbas w/ te(on• Purchase Order by Phase for lnvalcina Itemized oer Phase Schematic Design (11%) $ 75,960 Design Development (26%) $ 178,685 Construction Doc's (32%) $ 219,920 B/N (04%) Construction Admin (27%) $ 27,490 L_LL5135 Total Lump Sum Fee by Phase $ 687,250* marc?fes w%wave REIMBURSABLE EXPENSES Expenses attributable to your project will be invoiced as a Reimbursable Expense at 1.0 times the item's expense. We estimate typical reimbursable expenses for items A through E will not exceed Thirty Nine Thousand Dollars ($39,000.00) over the duration of the project. Items F thru H are not included in this estimate. We will only invoice for expenses incurred in the interest of the project and will provide back-up receipts with our invoicing as required. Any monies remaining within this estimate at the completion of the project will revert directly back to the client in full. Expenses may include: A. Reproductions/Printing far In-house F. Additional Renderings, Physical Models and Video Animations B. Copying G. Agency reviews and fees, LEED registration fees, State Design Release, Permitting H. Other, approved, miscellaneous expenses in the interest of the project C. lob Supplies D. Mailing/Express Mail E. Mileage/Lodging/Meals/Auto Rental/Travel subsistence ADDITIONAL SERVICES be at the rate Of Any additional services that you may request additial beyond thi identified Baswrittenwill prepars and e written proposal, identifying nIg ou services ander compensation for your the personnel assigned to the task. review and approval prior to initiating such services. Our 2017 hourly rate schedule is as follows, subject to annual adjustment: $ 130.00 $145.00 1. Principal Partner 6. $215.00 - $235'00 7. Senior Professional Professional $105.00 - $135.00 2. Principal $190.00 $235.00 g Graduate Professional $ 90.00 - $105.00 3. Associate Principal $170.00 - $185.00 9. $165.00 - $175.00 Intem $ 65.00 4. Senior Associate $145.00 - $165.00 10. Administrative $ 75.00 5. Associate PAYMENT SCHEDULE I ABANDONMENT INSURANCE will bear Invoices will be monthly in proportionto e/ es erfor ed with payment due upon receipt the projects abandoned m part orrtm whole, payment on account of the servicethirty (30) days after being s performed interest at one and one half percent will be made upon presentation of a final accounting of services rendered and expenses incurred since the last paid invoice to the date of such action. We will maintain project specific insurance coverage with these limits: General Liability $1,000,000 each Occurrence Limit, $2,000,000 Aggregate Automobile Liability $1,000,000 CSL each accident, $1,000,000 for Hired and Non Owned Liability Worker's Compensation $500,000 each Accident, $500,000 Diseaseate Policy Limit r r^ P Professional Liability $3,000,000 per Claim, $3,000,000 Aggregate �• 3�y RATIO Architects, Inc. Brookshire Golf Course - 201170 # Appropriation # Contract Not To Exceed $726,750.00 Name of Company: Address & Zip: Telephone No.: Fax No.. Project Name: Invoice No. Purchase Order No: Person Providing Goods/Services Signature Printed Name EXHIBIT B Invoice Date: Goods Goods/Services rru*:dcd I Cost Per Pate Item Goods/ (Describe each good/service Service separately and in detail) (Provided GRAND TOTAL �X:yolc�vdc�Cooaen.VtNw irM+Prat $va 8roduhh GClevi,"(zl.d-1(/1620(7238 PMI 9 Services Hourly Total Rate/ Hours Worked EXHIBIT D AFFIDAVIT --f-rq rm `me S , being first duly sworn, deposes and says that he/she is famili with and has personal knowledge of the facts herein and, if called as a witness in this matter, could testify as follows: 1 am over eighteen (18) years of age and am competent to testify to the facts contained herein. ?. I am now and at all i mes relevant herein have been employed by �R AT I b It rCii i 'h2 Ct!S � � VIS • (the "Employer") in the position of T) iVe r, 0 T M PA; Vli SIrIl&&J 3. 1 am familiar with the employment policies, practices, and procedures of the Employer and have the authority to act on behalf of the Employer. 4. The Employer is enrolled and participates in the federal E -Verify program and has provided documentation of such enrollment and participation to the City of Carmel, Indiana. 5. The Company does not knowingly employ any unauthorized aliens. FURTHER AFFIANT SAYETH NOT. EXECUTED on the ?3 W day of 1T '" 1i I yye. j Printed: T1O'CA'f I MCS I certify under the penalties for perjury under the laws of the United States of America and the State of Indiana that the foregoing factual statements and representations are true and correct. Printed: gw�� ��