HomeMy WebLinkAboutProfessional Services Agreement - Jeffrey Weaver - Enginering Services and Asset Management in 20191316 CoUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOI JTH BEND- INDIANA 46601-1930
CITY OF SOUTH BEND PETE BUTTIGIEG, MAY
OARD OF PUBLIC WORI�'
December 20, 2018
Jeffrey Weaver
jmweaver@southbendin.gov
RE: Professional Services Agreement
Dear Mr. Weaver:
PHONE 574/ 235-9251
FAx 574/ 235-9171
The Board of Public Works, at its meeting held on December 20, 2018, approved the above
referenced agreement regarding engineering services and a transition plan for asset
management in 2019 in the amount not to exceed $40,400.
Enclosed please find a copy of the agreement for your records.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
Linda M. Martin, Clerk
Enclosure
GARY A. GILOT SUZANNA M. FRFFZBERG ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DoRAu
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA
AND JEFFREY WEAVER
THIS AGREEMENT is made effective the d day of December, 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 ("Board") and
Jeffrey Weaver, an individual (the "Contractor"), and each a "Party" and together the "Parties".
RECITALS
WHEREAS, the Contractor has experience and expertise in related engineering services
that may prove beneficial to the City in these efforts; and
WHEREAS, the City Engineer has identified the Contractor as a person with experience
and expertise in engineering services and who the City Engineer believes will be able to provide
support to certain Projects; and
WHEREAS, the Board, upon the advice of the City Engineer, desires to retain the services
of the Contractor to support the Projects under the supervision of the City Engineer, and the
Contractor is willing to assist the City in its efforts; and
WHEREAS, the City has determined that it is in the best interests of the City to retain
Contractor's services and Contractor desires to provide such services to the City 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 E'xhibil ",/I " attached hereto and incorporated herein. The
Contractor certifies that he has sufficient experience and expertise to complete the Services and
will shall execute his responsibilities by following and applying at all times the highest
professional and technical guidelines and standards. The Contractor understands and agrees that
he 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 2. Project Information. The Board shall provide all documents, maps,
reports, data privileges and other data requested by the City Engineer or the Contractor necessary
for the Contractor to accomplish the Services. The Board and the Consultant agree that the Board
shall be permitted to obtain at no additional cost and to retain any and all documents prepared or
caused to be prepared by the Consultant in connection with the services to be provided by the
Consultant, and the Consultant agrees to provide the Board with said documents upon request by
the Board. Said documents may be used by the Board or others with respect to the Board's
undertakings with respect to the Projects.
The Board hereby designates the City Engineer or her designee to serve on behalf of the Board as
the Consultant's principal point of contact for purposes of this Agreement. The City Engineer or
her designee will be responsible for the provision of relevant information to the Consultant
concerning the Projects and the Services to be rendered by the Consultant in connection with the
Projects.
Section 3. Consideration. The Contractor will be paid as set forth at �.'a hibif "'rim". The
total consideration under this Agreement shall not exceed the sum of Forty-two Thousand and
Four Hundred Dollars ($42,400). 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 4. Term and Renewal Option. This Agreement shall be effective for a period
of 6 months commencing on mm 2018 ("Effective Date") and shall end
A.�
nolater than ......... ............................w_.......................................................,.w Date").
The Parties may mutually agree in writing to extend the term of this Agreement for an additional
period of time 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 5. Assignment; Successors. The Contractor shall not assign or subcontract
the whole or any part of this Agreement to any other person or entity without the prior written
consent of the City.
Section 6. Relationship/Independent Contractor. Both parties, in the performance
of this Agreement, shall act in an individual capacity and not as agents, employees, partners, joint
ventures or associates of one another. The employee(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.
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 made in
connection with the compensation provided under this Agreement. The 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
Form 1099, if applicable.
Section 7. Confidentiality. The Contractor acknowledges that information which the
Board regards as confidential or proprietary in nature (the "Information"), may come to the
knowledge of the Consultant during the Consultant's performance of services. The Consultant
shall treat the Information as strictly confidential and agrees that the Consultant will not, at any
time or in any manner, either directly or indirectly, (i) use, or allowed to be used, any Information
for the Consultant's own benefit or the benefit of any director, official, employee or agent or any
third party, or (ii) divulge, disclose or communicate in any manner any Information to any third
party without the written consent of the Board. The Consultant shall be responsible for maintaining
the confidentially of any Information in its possession, including taking appropriate measures to
secure said Information against such uses and dissemination and to inform any person to which it
allows to access such information of its confidentiality. Notwithstanding anything to the contrary
contained in this Agreement, the parties will adhere to their respective obligations under the
Indiana Access to Public Records Act, and nothing herein will be construed to relieve either party
of such obligations. The confidentiality provisions of this Agreement remain in full force and effect
after, and survive the termination of, the Term of this Agreement.
Section 8. Indemnification. The Contractor hereby agrees to defend, indemnify, and
hold harmless the Board, its officials, members, employees, and agents from any and all claims of
any nature which arise from the performance by the Contractor under this Agreement and from all
costs and attorney fees in connection therewith, excepting for claims arising out of the negligence
of the Board, its officials, members, employees, and agents. The obligations of the Board under
this Section shall survive the termination of this Agreement.
Section 9. Funding Cancellation and Payments. In accordance with I.C. 36-1-12.5-
5(d)(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 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 10. 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 effected by delivery to the Contractor of written notice at least
thirty (30) days prior to termination effective date, specifying the extent to which performance of
services must cease. The Contractor shall be compensated for satisfactory performance prior to the
notice date of termination but in no case shall total payment made to Contractor exceed the original
consideration set forth in the Agreement.
Section 11. Counterparts. This Agreement may be executed in counterparts, all of
which shall be deemed originals.
Section 12. Governing Law; Jurisdiction; Compliance with Laws. This Agreement
shall be construed and interpreted according to the laws of the State of Indiana without regard to
conflicts of laws statutes. Any dispute arising under the terms of this Agreement shall be filed in
any court of competent jurisdiction in St. Joseph County, 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 13. Non -Collusion and Acceptance. The undersigned attests, subject to the
penalties for perjury, that he is the Contractor, that he has not, directly or indirectly, to the best of
his knowledge, entered into or offered to enter into any combination, collusion or agreement to
receive or pay, and that he has not received or paid, any sum of money or other consideration for
the execution of this Agreement other than that which appears upon the fact of this Agreement.
Section 14. E-Verify. The Contractor affirms under the penalties of perjury that he does
not knowingly employ an unauthorized alien. The Contractor shall enroll in and verify the work
eligibility status of all his newly hired employees, if any, through the E-Verify program as defined
in IC 22-5-1.7-3. The Contractor shall not knowingly employ or contract with an unauthorized
alien. The Contractor shall not retain an employee or contract with a person that the Contractor
subsequently learns is an unauthorized alien.
The Contractor is not required to participate in the E-Verify program should the E-Verify program
cease to exist. Additionally, the Contractor is not required to participate if the Contractor is self-
employed and does not employ any employees.
The City may terminate for default if the Contractor fails to cure a breach of this provision no later
than thirty (30) days after being notified by the City.
Section 15. Minority and Women's Enterprise Diversity Development. Persons,
partnerships, corporations, associations, or joint ventures awarded a contract by the City of South
Bend through its agencies, boards, or Boards shall not discriminate against any employee or
applicant for employment in the performance of a City contract with respect to hire, tenure, terms,
conditions, or privileges of employment, or any matter directly or indirectly related to employment
because of race, sex, religion, color, national origin, ancestry, age, or disability that does not affect
that person's ability to perform the work.
In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or
any combination of the foregoing including, but not limited to, public works contracts awarded
under public bidding laws or other contracts in which public bids are not required by law, the City,
its agencies, boards, or Boards may consider the Contractor's good faith efforts to obtain
participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE")
or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible,
responsive bidder.
In no event shall persons or entities seeking the award of a City contract be required to award a
subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said
WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board
shall prohibit that person or entity from being awarded a City contract for a period of one (1) year
from the date of such determination, and such determination may also be grounds for terminating
the contact for which the discriminatory practice or noncompliance pertains.
Notwithstanding the foregoing, the award and performance of all City contracts shall comply with
applicable federal, state, and local laws.
Section 16. 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. The Contractor agrees to comply with and to act consistently with this policy
in the performance of the Contractor's duties.
Section 17. 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 has been convicted
of a criminal drug violation occurring in the workplace.
Section 18. 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.
(Remainder of page intentionally left blank)
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.
JEFFREY WEAVER
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC W '
Gary Gilot, President
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lDo au, m
Suzanna �tzbcrg,, Member
liz Maradik w w orrnber
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A"l"l.,EsT:.
9
iin a Martin, Clerk
EXHIBIT A
Scope of Services
Service Agreement by and between Board of Public Works and Jeffrey Weaver:
Tasks
1. Capital Improvement Planning Tools $26,000
A suite of Geographical Information System(GIS) based web applications, data,
and training and support documentation used in the planning, design,
construction, and updates of capital improvement projects overseen and
maintained by CoSB Engineering.
2. Data Driven Pages Site Plans Tool $2,000
Tools, documentation, and training for the automation of Site Plan review maps.
3. Paving Planning Tool $2,000
Web applications, data, and training and support documentation used in the
planning of the Street Department and CoSB Engineering Paving programs.
4. Street Light Outage Program $2,000
Suite of Web Applications, data, and training and support documentation used in
the tracking, notification, and management of street light outages.
Total $32,000
As Needed SuPRort
1. Streets and Sidewalk Support Hourly NTE 40 hrs @ $60 an hour (NTE $2,400)
2. GraniteNet Support Hourly NTE 20 hrs @ $60 an hour (NTE $1,200)
3. CityWorks Admin Support Hourly NTE 40 hrs @ $60 an hour (NTE $2,400)
4. GIS Admin Support Hourly NTE 40 hrs @ $60 an hour (NTE $2,400)
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date December 17, 2018
Name Kara M. BoylesmmmmmmmWWWWWWWWW
Department Engineering
Division/Bureau DPW
BPW Date 12/20/18 Phone Extension 5933
...vwW._
Required Prior to Submittal to Board
Legal ® Attorney Name: C. 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 ❑
Check the
Agreement
Professional Services
Bid Opening
El Quote Opening
F Change Order No.
El Ease/Encroach.
Other:
Company or Vendor Name
�ropriate Item Type —
[� Contract
El Resolution
❑j Bid Award
El Quote Award
El C/O & PCA No,
El Traffic Control:
New Vendor
MBE/WBE Contractor
MBE/WBE Contractor Requested
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
Amount of H Increase
(] Decrease
Previous Amount $
Current Percent of Change:
New Amount $
Total Percent of Chane:
Copy
Original
❑
El
El
for All Submissions
Proposal
Ej Req. to Advertise
I■ •
Addendum
❑ Title Sheet
Required Information
Professional Services By and Between the City of South Bend
and Jeffrey Weaver
El Yes Ej No If Yes, Approved by
Purchasing
MBE n WBE
❑j No Yes Name of Company ....................
Professional Engineennc� Servicesmmmmmw .. ..
118-117
Professional Services
... .....................a.......a. w .....
101-0602-431.31-06
$32 ...__.... _......................................... ..__............_.
000 lump sum; $8,400 hourly NTE; Total: $40,400
3 months (January 1-March 31 2019
..._ . i .... ..................
mConsultant engineering services relatedtoCIP, Data tools, paving tools,
streets tools, etc. Jeff will assists DPW with a transition plan for asset
management in 2019. ww
Required Contractor's Certification µForms Attached (Non -
Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.)
uired For Chancre Orders On
Disr)ersal After X t)rovaI