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HomeMy WebLinkAboutProfessional Services Agreement - Brite Electric Inc - Electrical Mapping1316 COUNTY -CITY BUILDING 227 W. JEFFERSON 130m.,FWARD Souni BEIND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBUC WORKS February 13, 2018 Mark Barnes Brite Electric, Inc. 51285 Bittersweet Road, #1 Granger, fN 46530 RE: Professional Services Agreement Dear Mr. Barnes: NIONE, 574/235-9251 FAX 574/ 235-9171 The Board of Public Works, at its meeting held on February 13, 2018, approved the above referenced agreement regarding electrical panel mapping for the Martin Luther King Jr. Center and O'Brien Recreation Center, in the amount not to exceed $11,375. Enclosed please find the original of the agreement for your signature. Please sign and return the original agreement to our office and retain a copy for your records. If you have any further questions regarding this matter, please call this office at (5 74) 23 5 - 9251. Sincerely, Xr��'Ax al, Linda M. Martin, Clerk Enclosure c: Patrick Sherman, Venues, Parks, and Ails GARY A. GILoi, SUZANNA M. FRITZBI--.R(3 ELIZA[1ETH A. MARADIK JAmfs A. IV UELLER T] IERESE J. DORAU . AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND BRITE ELECTRIC,, INC. THIS AGREEMENT is made effective the 13 day of February, 2018 by and between the City of South Bend, Indiana, a municipal corporation organized and operating under the laws of the State of Indiana, acting by and through its Board of Public Works ( "City") and Brite Electric, Inc. (organized under the laws of the State of Indiana ("Contractor"). I I'll 0) V FA WHEREAS, Conti -actor has experience and expertise in electrical panel and circuit mapping that may prove beneficial to the City in these efforts; and WHEREAS, the City desires to retain the services of Contractor to trace, identify and label certain electric panels and circuits and Conti -actor is willing to assist the City in its efforts; and WHEREAS, the City has determined that due to Contractor's experience and expertise, it is in the best interest of the City to retain Contractor's services under the terms .and conditions set forth in this Agreement. NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the City and Contractor hereby agree as follows: Section 1. . Duties of the Contractor. The Contractor shall provide the Services which are more particularly described at Exhibit "A" attached hereto and incorporated herein. The Contractor shall execute its responsibilities by following and applying at all times the highest professional and technical guidelines and standards. Section 2. Consideration. The Contractor will be paid as set forth at Exhibit "A ". The total consideration Linder this Agreement shall not exceed the sum of $11,375.00 (Eleven Thousand Three Hundred Seventy -Five dollars), Any payment that the City may deny or withhold or delay shall not be subject to penalty or interest under Indiana Code § 5-17-5. Section 3. Term (and Renewal Option, if Applicable). This Agreement shall commencing on February 13, 2018 ("Effective Date") and shall end on January 31, 2018 ("Expiration Date"). The Parties may mutually agree in writing to, extend the term of this Agreement for an additional period of one (1) year after the Expiration Date, subject to the same terms and conditions set forth in this Agreement unless otherwise mutually agreed by the Parties in writing. Section 4. Assignment; Successors. The Contractor shall not assign or subcontract the whole or any part of this Agreement without the prior written consent of the City. Section 5. Changes in Scope of Services. The Contractor understands and agrees that it shall not commence any additional work or change the scope of the Services provided unless authorized in writing by the City. No claim for additional compensation shall be made by Contractor in the absence of prior written approval of the Parties. Section 6. Governing Law; Compliance with Laws. This Agreement shall be construed and interpreted according to the laws of the State of Indiana. The Contractor agrees to comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby are hereby incorporated herein by reference. Contractor shall comply with federal, state and local law in its hiring and employment practices and policies for any activity covered by this Agreement. Further, the City shall not be required to pay for Services that are inconsistent with or in violation of this Agreement nor for any Services performed in violation of federal, state or local statute, ordinance, rule or regulation. Section 7. Relationship/Independent Contractor. Both parties, in the performance of this Agreement, shall act in an individual capacity and not as agents, employees, partners, joint venturers or associates of one another. The employce(s) or agent(s) of one party shall not be deemed or construed to be the employee(s) or agent(s) of the other party for any purpose whatsoever. Neither party will assume liability for any injury (including death) to any person(s), or damage to any property, arising out of the acts or omissions of the agents, employees or subcontractors of the other party. The Contractor shall be solely responsible for providing all necessary unemployment and workers' compensation insurance for the Contractor's employees. Contractor is solely responsible for compliance with federal, state and local laws and regulations relating to taxes and social security payments that may be required to be trade in connection with the compensation provided under this Agreement. Tire City, however, may file informational returns with the United States Internal Revenue Service or similar state agency regarding payment made to Contractor in accordance with this Agreement under conditions imposed by federal, state or local laws applicable to such payment. The City shall provide IRS Forth 1099 if applicable. Section S. Entire Agreement. This Agreement sets forth the entire agreement and understanding between the Parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them. Section 9. Severability. In the event any provision of this Agreement is held to be unenforecable for any reason, the rinenforeeability thereof shall not affect the remainder of this Agreement. Section 10. Funding Cancellation and Payments. In accordance with I.C. 6-1.1-I8-4, payments by the City are subject to annual appropriation by its fiscal body. When the City makes a written determination that funds are not appropriated or otherwise available to support continued *.*Brite Electric -Professional Services Agreement performance of this Agreement, this Agreement shall be cancelled. A determination by the City that funds are not appropriated or otherwise available to support continuation of the performance shall be final and conclusive. Section 11. Termination. This Agreement may be terminated, in whole or in part, by the City whenever, for any reason, the City determines that such termination is in the best interest of the City. Termination shall be affected by delivery to the Contractor of a Termination Notice at least thirty (30) days prior to termination effective date, specifying the extent to which performance of services under which such termination becomes effective. The Contractor shall be compensated for performance prior to the notice date of termination but in no case shall total payment made to Contractor exceed the original Agreement price due on Agreement. Section 12, Non -Discrimination. The City of South Bend is committed to ensuring equality of opportunity and does not exclude, deny the benefit of, or otherwise subject any person to discrimination in any City program, service or activity on the basis of race, color, national origin, sex, age or disability. Contractor agrees to comply with and to act consistently with this policy in the performance of Contractor's duties. Section 13. Corporate Authority. The person signing on behalf of the Contractor represents that he/she has been duly authorized to execute this Agreement on behalf of the Contractor, and has obtained all necessary and applicable approvals to make this Agreement fully binding upon the Contractor after acceptance by the City. Section 14. Drug -Free Workplace. The Contractor hereby agrees to make a good faith effort to provide and maintain a drug -free workplace. The Contractor will give written notice to the City within ten (10) days after receiving actual notice that the Contractor or an employee of the Contractor within the State of Indiana has been convicted of a criminal drug violation occurring in the workplace. IN WITNESS WHEREOF, the Parties hereto, through their duly authorized representatives, have caused this Agreement to be executed as of the day and year first written above. The parties have read and understand the foregoing terms of this Agreement and do, by their respective signatures hereby agree to its terms. *.*Brite Electric - Professional Services Agreement IBRITE ELECTRIC, INC. CONTRACTOR Signature Printed Name and Tille Street Address P.O. Box City, Stale Zip Far *.*Brite Elec€ric -Professional Services Agreement CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary Gilot, President James Mueller, Mem er iQ W, L"_ Elizabeth A. Maradik, Member Therese Dorau, Memb r usanna berg, ritz/Member ATT ST: (,: Linda Martin, Clerk EXHIBIT A Scope of Services AMMU-1-y" 119-11 IFT11 DESIGN I BUILD CONTRACTORS SOUTH REND -ELKHART January 22, 2018 South Bend Park Maintenance Division 1020 High Street South Bend, IN 46601 Attn. - Patrick Sherman FIRS 0 -7, ME- V I ITS � � * �*# � Dear Patrick, As requested, I'm pleased to submit a proposal for the Panel and Circuit mapping as described below. Scope of Work: 1. We will start at the Main Electrical Service switchboard. Identify, and label the main breaker. 2. Trace, Identify and label the distribution breakers. 3. Finishing at the panel boards where we will trace, and identify the branch circuit breakers and update the panel directory. Our (not to exceed) price for the distribution feeder, panel feeder, and branch circuit mapping of the listed below Parks department facilities wilil be $11,375.00 (Eleven Thousand Three Hundred Seventy -Five dollars and 00/100). Martin Luther King,jr. Recreation Center • O'Brien Recreation Center Please be aware that this proposal does not include any costs to repair or upgrade the electrical systems that might be required. If you should require additional information, please contact o,uir office at your convenience. Best regards, Mark Barnes BOARD OF PUBLIC WOI;UCS AGENDA ITEM REVIEW REQUEST FORM Date 02/06/2018 Name Patrick Sherman Department Venues Parks & Arts BPW Date 02/13/2018 Phone Extension 5601 ... .... . .. Required, Prior to Submittal, to Board Legal Attorney Name Clara McDaniels Controller Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing Michael Schmidt Check theAppropriate Item Type — Required fibrAll Sub M-issims F-1 Agreement 0 Contract El Proposal El Addendum E Professional Services El Resolution F1 Bid Opening E] Bid Award El Req. to, Advertise ❑ Title Sheet F-1 Quote Opening R Quote Award F-1 Change Order No. R C/O & PCA No. F1 PCA F-1 Ease/Encroach. F-1 Traffic Control F-1 Other: Company or Vendor Name Brite Electric, LLC New Vendor El Yes M No El If Yes, Approved by Purchasing MBE/WBE Contractor R MBE R WBE MIBEANBE Contractor Requested No R Yes Name of Company Project Name Electrical Panel Mapping Project Number 1042-2018 Funding Source K61 RMT: Maintenance Account No. 2011101452 36.01 Amount Not To Exceed $11,375.00 Terms of Contract Lump Sum Purpose/Description Map out electrical panelsto—ensure operational efficiency and com!plianice with safety inspections. El Required Contractor's Certification Form Attached (Non- Coflusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) N quiredi For Change Orders Only Amount of F-1 increase $ El Decrease $ Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Change: % Dispersal After Approval Copy Original R R F-1 F 0 E]