Loading...
HomeMy WebLinkAbout02-07-18-07/; David M. Schwarz Architects, Inc/Varying Billing Rates for Staff as Needed and Other Reimbursable ExpensesRESOLUTION NO. BPW 02-07-18-07 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, the City's mayor may enter into contracts on behalf of the City; and WHEREAS, pursuant to his authority under Indiana law, the City's mayor, the Honorable 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. 7 J, SO RESOLVED this �_ day of �� , 2018. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer S:T Bass\My Documents\BPW-Resolutions\2018Wcknowledge David M. Schwarz Mchitects.doczl/24/2018 3:19 PM DAVID M. SCHWARZ ARCHITECTS 21 November 2017 The Honorable James Brainard, Mayor Carmel City Hall One Civic Center Carmel, IN 46032 Re: City Center Hotel Design Review Dear Mayor, VIA EMAIL It was a pleasure speaking with you last week. As requested I am following up with this letter covering the terms of our design review services for the proposed City Center Hotel. We will generally be reviewing drawings and designs developed by Pedcor Companies for the exterior and GSB Architects for the interior. We understand the primary focus should be on review of the current design of interior public areas, but that comments related to the exterior may be provided as well, should we have any. Herein, we have outlined our understanding of the project, our proposed scope of services and deliverables, and the fees and associated terms under which our services will be provided. Upon authorized signature, this Agreement shall authorize DMSAS to begin work and to invoice for these services. Given the limited and preliminary nature of our scope of services, we assume a more formal agreement will not be required. I. Project Understanding The City has entered into an agreement with Pedcor Companies to develop, design and construct a 6 -level 106,000 gsf hotel with 122 keys plus event, club, food service and meeting space in the City Center development. Pedcor Properties is providing design services for the core and shell of the building and GSB Group is providing design services for the hotel interior. Our understanding is furthermore based on the Schematic Update package dated November 10, 2017 that you emailed to us yesterday. I1. Services to be Provided DMSAS will provide review and comment of proposed designs. Our initial review will be based on the Schematic Update package dated November 10, 2017. Comments will be issued verbally and via markups to this package of drawings as appropriate. Sketches may also be used to illustrate key points as well. Comments will be issued directly to you the Mayor's Office for you to convey as appropriate to the hotel developers and their designers. We will engage in conversations, meetings and / or additional design reviews with you, Pedcor and the designers as you deem appropriate. III. Schedule, Design Fees and Reimbursable Expenses Given the relatively small amount of time likely involved in as well as the open ended nature of our review, DMSAS will provide its services on a time and materials basis. We generally understand comments are needed quickly, as the intent is to break ground on the project in March of 2018. We will be timely in our review and issuance of comments and will await further direction from you, should additional review, David M. Schwarz Architects, Inc. 1707 L Street N.W. Suite 400 Washington, D.C. 20036 T 202.862.0777 F 202.331.0507 ww•wAmsa>.cum Exhibit 'R'— Terms of Agreement liabilities arising from such use, even if such claims or liabilities are caused in part by the negligence of any Indemnitee. Limitation of Liability Nothing contained in this letter agreement, or its attachments, shall be construed to expand or add to the Architect's standard of care, or common law liability, nor are there any representations or warranties applicable to the services of the Architect hereunder. In no event shall Architect's liability pursuant to this Agreement exceed the net amount of insurance proceeds available to cover claims under the applicable policy of insurance. Miscellaneous Provisions This Agreement, including any exhibits attached hereto, and other documents specifically incorporated herein by reference represents the entire and integrated agreement between Owner and Architect and supersedes all prior negotiations, representations.. or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. This Agreement is entered into solely to provide for the performance of these services set forth herein and to define the rights, obligations and liabilities of the parties hereto. This Agreement, and any document or understanding entered into in connection herewith, will not be deemed to create any other relationship between the Architect and Owner other than as expressly provided herein. The failure of the Architect or Owner to insist upon the strict performance of any provision of this agreement, or the failure of either party to exercise any right, option or remedy hereby reserved, will not be construed as a waiver for the future of any such provision, right, option or remedy or as a waiver of a subsequent breach thereof. If any provision of this Agreement is held to be invalid or unenforceable under present or future law, such provision will be fully severable and this agreement will be construed and enforced as if such invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof will remain in full force and effect. David M. Schwarz/Architectural Services, Inc. Page 2 of 2 21 November 2017 Exhibit 'B'— Terms of Invoicing Invoices will be prepared and sent monthly for all services provided and Reimbursable Expenses incurred each month. All payments are due thirty days net from date of invoice. Any outstanding invoices over sixty days from the date of invoice may be charged interest at a rate of one percent per month [1.0% /month]. Reimbursable Expenses Reimbursable Expenses include, but are not limited to, costs for travel, employee travel time at our standard hourly rates in effect at the time, meals, lodging, transportation connected with out-of-town travel, postage, photography, long distance telephone and facsimile, supplies, prints, and similar expenditures on the Owner's behalf. Reimbursable Expenses will be billed at a rate of 1.1 times our direct costs and include all actual expenditures made by us, our employees, or consultants in the interest of the project. Insurance The Architect shall, at its sole expense, maintain in effect at all times during the full term of its services under this Agreement automobile, worker's compensation, general liability and professional liability insurance coverage. Upon request, the Architect will furnish certificates of insurance for any such coverage. Controlling Law This Agreement is to be governed by the laws of the local jurisdiction and the laws of the state in which the project resides. Ownership of Documents All drawings, specifications, sketches, models, and other documents are instruments of the Architect's services and are intended solely for use with respect to this project. Unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the Architect's drawings, specifications, and other documents for information and reference. With the exception of use for reference and coordination, these documents shall not be used in connection with any future work not associated with this project without Agreement in writing from the Architect and appropriate compensation. Should the Owner desire a copy of the CAD files, the Owner and Architect will mutually negotiate a separate agreement goveming their use. Termination of Services This contract may be terminated by either party upon ten days written notice to the other. In the Event of termination by the Owner, the Architect will be paid in full for all work performed and all reimbursable expenses incurred, including time required to ensure the orderly termination of work, prior to the effective date of termination. In the event of termination of this agreement by the Owner, for reasons not the fault of the Architect and prior to the completion of the services by the Architect, and if the Owner uses the Architect's documents for completion of the Project, the Owner may not include the Architect's name or otherwise represent the Project as the Architect's work. Use by the Owner of Documents after termination will be at the Owner's sole risk and the Owner shall indemnify, defend and hold harmless the Architect and it's. officers, directors, employees, and agents for, from and against any and all claims and David M. Schwarz/Architectural Services, Inc. Page 1 of 2 21 November 2017 Exhibit A - Schedule of Hourly Billing Rates DAVID M. SCHWARZ ARCHITECTS Schedule of Time b Material Billing Rates Category Rates - Effective as of April 1, 2017 Principal $600 David M. Schwarz Principal 300 Craig P. Williams Principal 300 Michael C. Swartz Principal 300 Gregory M. Hoss Principal 300 Sean P. Nohelty Architectural Staff Level 1 225 Architectural Staff Level 2 175 Architectural Staff Level 3 150 Architectural Staff Level 4 130 Architectural Staff Level 5 115 Administrative Staff Level 1 200 Administrative Staff Level 2 100 Administrative Staff Level 3 75 Reimbursable expenses (transportation, copies, printing, photography, plats, etc.) will be billed at 1.1 times our cost or as stipulated in the contract. David Nf. Schwarz Archirrcis Incorrx)rated I 7 f. Street N.W Suite 4W Wachingr„n, D.C. 2W36 T N2.ho2.i1'" F 20.331 0..917 N. „ I•:I c , :, 21 November 2017 Mayor James Brainard Page 2 clarification or follow up with you and / or others be necessary. Attached please find Exhibit A outlining our current hourly billing rates, which will be used for this project. We will invoice no greater than monthly for services and related reimbursable expenses. IV. Other Terms Please refer to attached Exhibit B for our Standard Terms of Agreement. If the above arrangements are acceptable, please indicate your approval on the signature line provided below and return one copy to our office. We are very pleased to have this opportunity and look forward to working with you and the City on this exciting project. Sincerely, David M. Schwarz Architects, Inc. By: G egory M. Hoss, President Enclosures: Exhibit A — Schedule of Hourly Billing Rates Exhibit B — Terms of Agreement Agreed, The City of Carmel By: uAte, r I�