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HomeMy WebLinkAboutFirst Amendment to PSA - Jennifer Settle LLC - City Zoning Ordinance Revision1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND_ INDIANA 46601-1830 Jennifer L. Settle, LLC 610 Lyman Avenue Oak Park, IL 60304 ' )UTH tv 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS May 28, 2019 RE: First Amendment to Professional Services Agreement Dear Ms. Settle: PHONE 574/235-9251 FAX 574/ 235-9171 The Board of Public Works, at its meeting held on May 28, 2019, approved the above referenced amendment to revise the City Zoning Ordinance including new development standards and graphics in the amount of $26,600. 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 GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DoRAu FIRST AMEI DMEN' `I"O PN �Oi+ESSIO1lA1 SERVICES 'E' AGREEMENT IM R I:F .f This First Anacndaaaent to Professional Services Agreement (this "First Amendment") is made effective on � 201 (the "Eft-cctive Date'"), by and between the City of South Bend, Indiana, aa� 1� �E�ana municipal corporation, acting by and through its Board of Public Works (the "City"), and Jennifer L. Settle, LLC, an Illinois limited liability company (the "Provider") (each a "Party" and collectively the "Parties"). RECITALS A. The City and the Provider entered into a Professional Services Agreement dated July 10, 2018 (the "Services Agreement"), for the provision of Services to the City related to its zoning project (as more specifically defined in the Services Agreement). B. The City and the Provider wish to amend the Services Agreement to include additional Services. NOW, THEREFORE, in consideration of the mutual promises and obligations in this First Amendment and the Services Agreement, the adequacy of which consideration is hereby acknowledged, the Parties agree as follows: 1. Section 1 of the Services Agreement shall be deleted in its entirety and replaced with the following: a. Services. The Provider will provide to the City the professional services (the "Services"), set forth in the Provider's proposal attached hereto as Exhibits and A1 (together, the "Scope of Work"). In the event of any conflict between the terms of this Agreement and the terms of the Scope of Work, the terms of this Agreement, as amended, will prevail. The Provider will execute its obligations under this Agreement in accordance with the prevailing professional standard of care for projects of similar design and complexity. 2. Section 2 of the Services Agreement shall be amended to delete the phrase "One Hundred Sixteen Thousand Dollars ($116,000)" and replace it with "One Hundred Forty -Two Thousand Six Hundred Dollars ($142,600)." 3. The attached .Exhibit A-1 shall be incorporated into the Services Agreement after Exhibit A. 4. Unless expressly modified by this First Amendment, the terms and provisions of the Services Agreement remain in full force and effect. 5. Capitalized terms used in this First Amendment will have the meanings set forth in the Services Agreement unless otherwise stated herein. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Professional Services Agreement to be effective as of the Effective Date stated above. JENNIFER L. SETTLE, LLC j7e,,IiAeca°L.Sct ,Member Date: Gary Gilot, President I'llerese I)OF,viti, Menter 1,\ I I w I , I Elizabeth Maradik, Member ATTEST: Date: 0/7 K r7—C-ve —Mfllcr,;`" ..atira O'Sullivan der EXHIBIT A-1 Additional Scope of Services Proposal for Additional Services For the City of South Bend, Indiana April 26, 2018 Tim Corcoran Department of Community Investment 227 W. Jefferson Blvd., Suite 1300 South Bend, IN 46601 .aurM ^,• , Task 1: Additional Tasks for South Bend Zoning Ordinance Final Draft (May June): $11,800 • Additional Diagrams & Illustrative Images (fast -tracked) • Summary of Development Standards • Additional Working Session Task 2: South Bend Transect Rendering (June -August): $4,800 • One illustrative transect "wedge" perspective showing the transition between zoning districts including iconic South Bend features and landscape Task 3: Document Crosslinking (June -August): $6,000 Adding hyperlinks for all cross references and definitions within the complete Zoning Ordinance document Task 4: Allowance for Additional Services (TBD): $5,000 • Additional services related to the South Bend Zoning Ordinance will be billed at $90/hour. The total scope of this work is not to exceed $26,600. Jennifer L. Settle, LLC Employer Identification: 83-0848962 When Hie prospective Contractor is unable to certify to any of the statements below, it shall attach air explanation to this Affidavit. CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON-DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS (Must be completed for all quotes and bids. Please type or print) STATE OF ..............- _....... ) SS: COUNTY ) The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: I. Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: i. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in Non -Collusion Non -Debarment Affidavit Non Iran Form 2016 the energy sector in Iran; and (ii) at the time the .financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. d. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's newly hired employees through the E-Verify Program as defined by Y.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify Program is included and attached as part of this bid/quote; and 5. Contractor shall require his/her/its subcontractors performing work under this public contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify Program. The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend, and understands that the City may terminate the contract 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. 6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions 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, gender expression, gender identity, sexual orientation 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 commissions 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. 7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. Non -Collusion Non -Debarment Affidavit Non Iran Form 2016 Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. 1, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). I hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products made in the United States on this project if awarded. I understand I have an affirmative duty to notify the City in my bid that my proposal does not include the use of steel products or foundry products made in the United States. I understand it is my sole obligation and responsibility to provide a justification to the City, subject to review and approval, why the cost of United States made steel or foundry products is unreasonable. Prior to award and upon submission of bid which does not use steel products or foundry products made in the United States, the City, through its director of public works, shall make a determination if the price of United States made steel or foundry is unreasonable. I understand that violations hereunder may result in forfeiture of contractual payments. I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for public works are true and correct. Dated this S day of Ili b , 201 ANGELA CAGGIANO Official Seal Notary Public - State of Illinois My Commission Expires Jan 23, 2021 l�n f fe /,fie C� Contractor/ Bidder (Firm) Si,ttare o1" .��ntraetrar/Bic4cletor Its Agent 9 Printed Name and Title rJt �- Subscribed and sworn to before me this °�� day of U ^' C , 20� My Commission Expires 3 Notary Public �. County of Residence ,. e- � ..: �,_......m..w......,.,.,,�.-.._ Non-Collusion Non -Debarment Affidavit Non [ran Form 2016 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date May 21, 2019 Name Michael Divita Department DCI BPW Date Ma 28, 2019 Phone Extension 5843 MEW M n__............... ......... �..... Required Prior to Submittal to Board BPW Attorney Attorney Name Dept. Attorney Attorney Name Sandra Kennedy Purchasing Check the AppTpate Item Type m. l e is°gal s All Submissions 0 Professional Services Agreement Contract Open Market Contract ® Amendment/Addendum 0 Bid Opening Bid Award Quote Opening ❑ Quote Award EJ Proposal Opening C/O & PCA No. E Chg. Order, No. E] Traffic Control ❑ Other: Reeuired Information LJ Proposal E] Special Purchase, QPA ❑ Req. to Advertise 0 Reject Bids/Quotes ❑ PCA Resolution El Ease./Encroach ❑ Title Sheei 1010 Company or Vendor Name JenniferL.�� 60 0 If Yes, Approved b Purchasing pp y g New Vendor ® No MBE/WBE Contractor Completed E-Verify Form Attached ❑ Nos MBE Project Name Zoning Ordinance Updatesnn Project Number . _......, .................. Funding Source --- DCI Admin Account No. 211.1001.460.31.06 ............ / 18J028 Amount $26,600 Terms of Contract ....... ................ .......................... .. �. ..._ Purpose/Description Additional services to revise ('1t rITIT 'Se 1tITh Bend lonin 6�aii:�Inc lu w new development standards and_ rrgphics For Chap e Orders nl Amount of Increase $ 0 Decrease ($ ) Previous Amount ................................. --- .......... ................-------------------..._..._................................................. $ ... _..Increase..........................................................................%........................................................................- _............................._ .......,,........_........_... m...W._. Current Percent of Change: �...._.. Decrease ( %) New Amount $ Increase % TotalPercent of Change: Decrease....................................%)................................................................................ _. Time Extension Amount: m......._ New Completion Date: