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HomeMy WebLinkAboutChamber of Commerce Letter 03-27-12 March 27, 2012 Carmel Chamber of Commerce 21 South Rangeline Road Suite 300A Carmel, Indiana 46032 Phone: 317-846-1049 To Whom It May Concern, Thank you, Carmel Chamber of Commerce (the "Client"), for requesting Mitsch Design to submit the following proposal for the Graphic Package Representation of the Sign Ordinance Visual Guide requirements as set forth by the City of Carmel, Indiana (the "Project"). We understand that the document may include the following: Visual illustrations and/or photographic images of Wall Signs, Projecting Signs, Ground Signs, Suspended Signs, Roof Signs, Window Signs, and Tree/Sign Conflict Prevention along with descriptions of the signage requirements provided by the Carmel Chamber of Commerce. We understand the Graphic Package to be approximately 20 pages in 8.5" x 11" format. SCOPE OF SERVICES SIGNAGE PACKAGE 1. Mitsch Design will meet with the Client to establish applicable requirements for the initial signage package. 2. Client to provide photos of local signage examples for Mitsch Design's use on the Project. Mitsch Design will incorporate the images into the signage package. 3. Client to provide City of Carmel seal, logos, and/or additional content to be incorporated into the project. 4. Based on the information gathered in the initial meeting a preliminary graphic package will be developed incorporating the signage types identified in the existing City of Carmel Sign Ordinance Visual Guide provided to Mitsch Design by the Client, along with the example signage photos. Mitsch Design will incorporate visual illustrations depicting the Sign Area requirements and/or Zoning Ordinance Chapter references. Please see the attached example. 5. Mitsch Design will then meet with the Client to present the graphic package and gather information on revisions required to meet the Client's objectives. 6. One (1) revision to the proposed graphic package will be completed incorporating minor changes requested by the Client. One (1) meeting will then be held to present the revised graphic package after the revision to the proposed signage package. (Additional revisions and meetings will be billed hourly). 7. Mitsch Design will provide a final graphic package deliverable in electronic format. COMPENSATION Compensation for Design services listed under the scope of services shall be billed monthly by method of Project percentage complete. Payment in full is due upon receipt. Any services that are additional or m• its C h ?OD on Timeline roan SUR!713 camme! D E S I G N outside the scope of services defined above shall be approved by the client prior to the commencement of work. Additional services shall be billed at our standard hourly rates for work performed, shall be billed monthly and payment is due upon receipt. Our rate schedule is as follows: Senior Project Manager $80.00 Project Manager $75.00 Project Designer $65.00 These hourly rates shall remain the same until March 2013. At that time the rates will be reviewed. Design Services: The total Project Fee will be: $4,275.00 The Project Fee will not exceed the stated amount without authorization from the Client. This contract proposal is based upon the assumption that the Project anticipated completion is June 279', 2012. If the Project exceeds the anticipated completion date additional fees may apply. REIMBURSABLE EXPENSES In addition to the above-stated compensation for Project Fees, Mitsch Design shall be compensated for expenditures made by Mitsch Design as reimbursable expenses. Reimbursable expenses are billed at 10% above actual cost and include, but are not limited to: car travel at the current IRS published rate, airfare, lodging, car rental, meals (associated with out-of-town travel), long distance telephone calls, outside consultant fees, samples or prototypes, reproductions, computer generated renderings, faxes, postage, courier service and state project filing/review fees. Mitsch Design shall bill reimbursable costs incurred by Mitsch Design directly to the Client for payment on a monthly basis and payment in full is due upon receipt. ADDITIONAL SERVICES Mitsch Design may also provide additional services, if so requested. The need for additional services may become necessary during the course of the Project. These must be requested by Client in writing and shall be billed hourly in accordance with the fees listed in the Compensation section above. Additional Services: 1. Making revisions in drawings, specifications, or other documents when such revisions are: a) Inconsistent with instructions previously given by the Client. b) Required by the enactment or revision of applicable codes, laws or regulations subsequent to the preparation of such documents. c) Due to other causes out of the control of Mitsch Design. 2. Revisions beyond preliminary layout and revisions as outlined in the scope of services. SUSPENSION OF SERVICES If the Client fails to make payment when due or is otherwise in breach of this Agreement, Mitsch Design may suspend performance of services. Mitsch Design shall have no liability whatsoever to the Client for any costs or damages as a result of such suspension caused by any breach of this Agreement by the Client. Upon payment in full by the Client, Mitsch Design shall resume services under this Agreement, and the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension plus any other reasonable time and expense necessary for Mitsch Design to resume performance. Mitsch Design has the right to suspend services if owner fails to make payments or has judgment against Mitsch Design. TERMINATION OF SERVICES You may terminate this agreement upon a seven (7) day advance written notice. In the event of termination pursuant to this contract, Mitsch Design shall be paid for services performed to date based on hours completed, less any payment made prior to such termination as well as any expenses as a result of the Clients termination. The failure of the Client to make full payment to Mitsch Design in accordance with the payment terms herein, shall constitute a material breach of this Agreement and shall entitle Mitsch Design to terminate this Agreement. Mitsch Design shall have the right to terminate this agreement or any part thereof at any time for convenience by giving telegraphic or other written notice of such termination to the Client. PUBLICITY All reports, drawings, specifications, computer files, field data, notes and other documents and instruments prepared by Mitsch Design as instruments of service shall be the property of Mitsch Design and the Client. Mitsch Design shall retain all common law, statutory and other reserved rights, including the copyright thereto. Mitsch Design shall be permitted to make photographs or other reproductions of the work, or any portion thereof; and to thereafter display same through news media or otherwise. LIABILITY Mitsch Design is not responsible for the failure of others to meet commitments or for any other reason beyond Mitsch Design's control. Mitsch Design is not responsible for the measurements and/or drawings supplied by anyone other than a Mitsch Design employee. Square foot numbers listed in this contact are approximate. Mitsch Design does not guarantee or warrant and is not responsible for the accuracy of the listed square footages. The Client should refer to their purchase agreement/lease, provided by others, for accurate square foot numbers. Contract fees are based upon hours required to complete the scope of services included in this contract. Mitsch Design's liability is limited to the Project Fee in this agreement. Mitsch Design is not responsible for damages caused by acts of God. LITIGATION —DISPUTE RESOLUTION In the event of any litigation arising from or related to this Agreement or the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including staff time, court costs, attorney's fees and all other related expenses in such litigation. In an effort to resolve any conflicts that arise during the design and construction of the Project or following the completion of the Project. the Client and Mitsch Design agree that all disputes between them arising out of or relating to this Agreement or the Project shall be submitted to nonbonding mediation unless the parties mutually agree otherwise. 3 The Client and Mitsch Design further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the Project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with their subcontractors, subconsultants, suppliers and fabricators, thereby providing for mediation as the primary method for dispute resolution between the parties to all those agreements. This agreement shall be governed by and construed in accordance with the laws of the State of Indiana. SITE VISITS Neither the professional activities of Mitsch Design, nor the presence of Mitsch Design or its employees and subconsultants at a construction/project site, shall relieve the General Contractor of its obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending and coordinating the Work in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. Mitsch Design and its personnel have no authority to exercise any control over any construction contractor or its employees in connection with their work or any health or safety programs or procedures. The Client agrees that the General Contractor shall be solely responsible for jobsite safety, and warrants that this intent shall be carried out in the Client's contract with the General Contractor. The Client also agrees that the Client, Mitsch Design and Mitsch Design's subconsultants shall be indemnified by the General Contractor's policies of general liability insurance. SIGNATURE If this proposal meets with your approval, please sign original and return, prior to the start of services, along with your purchase order number, if necessary. Thank you for giving us the opportunity to prepare this proposal. We look forward to working with you and contributing to the success of this Project. Respectfully submitted, ACKNOWLEDGED,AGREED AND SIGNED BY: Jeryl Mitsch TITLE: Principal DATE: Mitsch Design BILLING INFORMATION Purchase Order Number Contact(if different than addressee) Street Address City State Zip Code Phone Fax Email 4