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HomeMy WebLinkAboutPSA - Architectural & Engineering Services for Weather Amnesty 2019-20 - Alliance Architects, Inc.U 1316 COUNTY -CITY BUILDING �� �rti ��� PHONE 574/ 235-9251 227 W. JEFFERSON BOULEVARD FAX 574/ 235-9171 SOUTH BEND. INDIANA 46601-1930 1 III6S CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD F PUBLIC WORKS November 12, 2019 Mr. William R. Lamie Alliance Architechs, Inc. 929 Lincolnway East., Suite 200 South Bend, In 46601 RE: Professional Services Agreement Dear Mr. Lamie: The Board of Public Works, at its meeting held on November 12, 2019, approved the above referenced agreement for architectural and engineering services for weather amnesty 2019- 2020 in the amount of $15,250. 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 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (this "Agreement") is made on the 12th day of November 2019 (the "Effective Date"), by and between the City of South Bend, Indiana, an Indiana municipal corporation, acting by and through its Board of Public Works (the "City"), and Alliance Architects, Inc., an Indiana corporation (the "Provider") (each a "Party" and collectively the "Parties"). For and in consideration of the mutual covenants and promises contained herein, the Parties agree as follows: 1. Services. The Provider will provide to the City the professional services (the "Services") set forth in the Provider's proposal attached hereto as Exhibit A (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 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. :"oRi 211, tion. In exchange for the Provider's performance of the Services, and subject to the terms and conditions of this Agreement, the City will pay the Provider a total sum not to exceed Fifteen Thousand Two Hundred Fifty ($15,250.00) (the "Contract Amount"). The City will pay the Contract Amount within thirty (30) days of the City's receipt of an invoice from the Provider after the completion of the Services. The City will not be required to pay the Contract Amount if the City is not reasonably satisfied with the Provider's performance under this Agreement or any default or breach of this Agreement by the Provider exists, as the City may determine in its sole discretion. 3. 1n; Ter�airaiowu Unless earlier terminated in accordance with its terms, this Agreement will commence on the Effective Date and end upon the completion of the Services and the City's payment therefor. Notwithstanding the foregoing, effective immediately upon delivery of a written termination notice to the Provider, the City may terminate this Agreement, in whole or in part, for any reason, if the City determines that such termination is in the best interest of the City. In addition, in accordance with applicable laws, payments are subject to annual appropriation. If the City Controller makes a written determination that funds are not appropriated or are otherwise unavailable to support the continuation of this Agreement, it shall be cancelled. A determination by the City Controller that funds are not appropriated or are otherwise unavailable to support the continuation of performance shall be final and conclusive. The City will not be required to pay the Contract Amount or be otherwise liable for any cost associated with the Provider's performance of any Services after the effective date of termination. 4. Remedies for Breach of Contract. The Provider's failure to complete the Services in accordance with this Agreement will be considered a material breach. In the event of any breach of this Agreement by the Provider, the City may suspend all payments to the Provider and may pursue any and all remedies available at law or in equity. 5. Point of Contact. The City employee identified in Section 10 below will serve as the City's principal point of contact for purposes of this Agreement. 6. Relationship. The Provider shall at all times be an independent contractor for the performance of the Services rather than an employee of the City, and no act or omission to act by the Provider shall in any way bind or obligate the City. No employee of the Provider will be considered or deemed to be an employee of the City. This Agreement is strictly for the benefit of the Parties and not for any third party or person. This Agreement was negotiated by the Parties at arm's length and each of the parties hereto has reviewed the Agreement after the opportunity to consult with independent legal counsel. Neither party shall maintain that the language in the Agreement shall be construed against any signatory hereto. The City and the Provider hereby renounce the existence of any form of agency relationship, joint venture, or partnership between the Provider and the City and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between the City and the Provider. 7. lndcm:nifi .atig! cifa . The Provider hereby agrees to indemnify, defend, and hold harmless the City and its officials, employees, and agents, from any and all claims of any nature which arise from the performance by the Provider under this Agreement and from all costs and attorney fees in connection therewith, except for claims arising out of the negligence or intentional acts or omissions of the City or its officials, directors, employees, or agents. The obligations of the Provider under this section shall survive the termination of this Agreement. 8. Fork I Product, Ownership. The Provider will submit its work product to the City in accordance with the terms of the Scope of Work. Any and all work product submitted by the Provider to the City as part of the Provider's performance of the Services shall be free from claims of infringement and will become the exclusive property of the City. The City will have the right to use and reproduce copies of the Provider's work product as the City determines in its sole discretion without compensation to the Provider except the compensation expressly provided for in this Agreement. The City agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the Provider against any damages, liabilities, or costs, including reasonable attorneys' fees, arising from or allegedly arising from or in any way related to or connected with the reuse or modification of the deliverables by the City. The City will credit the Provider each time the deliverables are used. 9. &m.rnt. The Provider shall not assign or subcontract the whole or any part of this Agreement or its obligations hereunder without the prior written consent of the City. 10. Notices. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered when deposited in the United States Postal Service, postage prepaid, registered or certified mail, return receipt -requested, addressed to the City or the Provider, as the case may be, at the address set forth below. EXHIBIT A Scope of Work [See attached.] EXHIBIT B Contractor's Affidavit [See attached.] interpreted according to the laws of the State of Indiana. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement for Professional Services to be effective as of the Effective Date stated above. CITY: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary A. Gilot, President Therese Dorau, Member 4 wk Elizabeth ��� ������ Maradik, Member n i - e Miller, Member ura O'Sullivan, M...._............ ..................... ........ Member , -1 4 Al 1 ESTI ..... ,.___c. Date:... .. . z:.. ? " Linda M. z°t���, t.,l� a` , _. PROVIDER: ALLIANCE ARCHITECTS, INC. By: AI......_._ _ . William R. Lamie, Principal Date: Provider: City: Alliance Architects, Inc. City of South Bend, Indiana 929 Lincolnway East, Ste. 200 227 W. Jefferson Boulevard, Suite 1400 S. South Bend, IN 46601 South Bend, IN 46601 Attn: William R. Lamie, Principal Attn: Pamela C. Meyer, Director of Neighborhood Development 11. Equal 0 portunity. Non- . iscriminatioty Compli anc . The Provider shall comply with all applicable laws and regulations in its hiring and employment practices and policies for any activity covered by this Agreement. The Provider shall comply with all federal, state, and municipal laws, regulations, and standards applicable to its activities pursuant to this Agreement including, but not limited to, the requirements imposed by Ind. Code 22-9-1-10 (non- discrimination), the provisions of Ind. Code 5-22-16.5 (disqualification for dealings with the government of Iran), and the provisions of Ind. Code 22-5-1.7 (requiring E-Verify for new employees and prohibiting employment of unauthorized aliens). Each of the foregoing provisions is incorporated herein as if set forth in full, and the Provider certifies that she is in compliance with each such provision and shall remain in compliance through the term of this Agreement. 12. Contractor's Affidavit. The Provider agrees, as a condition precedent to the effectiveness of this Agreement, that its authorized representative will execute and submit to the City and any other appropriate bodies an affidavit in the form attached hereto as Exhibit B. 13. a raj-Frpc Work c . The Provider hereby agrees to make a good faith effort to provide and maintain a drug -free workplace. The Provider will give written notice to the City within ten (10) days after receiving actual notice that the Provider or an employee of the Provider within the State of Indiana has been convicted of a criminal drug violation occurring in the workplace. 14. No Waiver. No failure or delay on the part of either Party in exercising any right under this Agreement will operate as a waiver of, or impair, any such right. No single or partial exercise of any such right will preclude any other or further exercise thereof or the exercise of any other right. No waiver of any such right will have effect unless given in a written document signed by the Party waiving such right. No waiver of any right will be deemed a waiver of any other right hereunder. 15. Severability. In the event any portion of this Agreement shall be held illegal, void, or ineffective, the remaining portions hereof shall remain in full force and effect. If any of the terms or conditions of this Agreement are in conflict with any applicable statute or rule of law, then such terms and conditions shall be deemed inoperative to the extent that they may conflict therewith and shall be deemed to be modified to conform to such law. 16. Entire Ag'eetent; Amecclnen_pplicabl Law. 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 understandings of any and every nature between them. This Agreement may be amended only by separate writing, signed by authorized representatives of both the Provider and the City. This Agreement will be construed and ALLIANCE August 21, 2019 Pamela C. Meyer Director of Neighborhood Development Office of Community Development City of South Bend 227 W. Jefferson Blvd. South Bend, IN 46601 RE: PROPOSAL FOR ARCHITECTURAL/ENGINEERING SERVICES for WEATHER AMNESTY — 2019 510 S. MAIN STREET BUILDING IMPROVEMENTS PROJECT NO. 119-084 Dear Pam:. On behalf of ALLIANCE Architects, I would like to thank you for this opportunity to submit to you our Proposal to provide architectural consultant services to Hope Ministries. This letter is to formalize the terms of which ALLIANCE Architects (ALLIANCE) will provide design and consulting services to the City of South Bend (Owner) for the required South Bend Local and Indiana State permitting submittals for a change of occupancy (M Mercantile to R-2 Boarding House) for the building used for your 2019 Weather Amnesty Program. ALLIANCE's Basic Services shall consist of those described in the following ALLIANCE Scope of Basic Services. PROJECT UNDERSTANDING ),I; ,_lroyct,,iq is located at 510 South Main Street, South Bend, Indiana. The Owner wishes to remodel the vacant, one-story (10,250GSF) portion of the former Salvation Army Rehabilitation Center/Thrift Store for their 2019 Weather Amnesty Program, which will provide over-nite accommodations for between 60 — 70 individuals (male, female, children). The following constitutes our understanding of the building's physical characteristics, remodel scope and planned use: ■ The building is a pre-engineered one-story building structure with single -slope, standing seam metal roof panels. All existing exterior building envelope and interior material finishes will be repaired as necessary. All interior wall surfaces will be repainted. ■ All existing 24x48 ceiling tiles, 12x12 floor tiles will be inspected and replaced as necessary. ■ All existing HVAC units will be inspected and service provided to assure working performance. ■ Two (2) existing single -occupancy Restrooms will be remodeled; Two (2) new multi -fixture Restrooms for Men and Women will be added. ■ Two existing exits and one new exit to the exterior will be provided along with exit/emergency lighting fixtures, manual fire alarm system and smoke detection throughout. ■ Only the one-story portion of the building will be used for the Weather Amnesty Program. All access to the adjoining two-story portion will be restricted. Hours of operation for over-nite boarding are 8:00pm to 8:00am. ■ HOPE Ministries will be the facilitator of the Program for the City of South Bend. A "Fire Watch" attendant will be provided for the entire 12-hour over-nite use of the building. 929 Lincolnway East, Suite 200 1 South Bend, Indiana 46601 1 Tel 574.208.2052 1 Fax 574.208.2550 1 www.alliarch.com Weather Amnesty-2019 Proposal Page 2 The, rooe Constructtuon Budge, is $150,000. The Schedule is to provide legal use of the building for the upcoming 2019-2020 winter season; completion by November 1, 2019. Protect Brd&g will be by invited bidders. ALLIANCE SCOPE OF BASIC SERVICES 1. ALLIANCE shall be responsible for the following services: PRE -DESIGN PHASE a. Meet with deslgrated_QWn,q'l 'qpg; , in ativgs; Review the specific objectives, schedule, budget limitations to ascertain the requirements of the Project. b. Eleld V n Fv5Unndjtior15and im1 •ror� LhbGall 9rj�nolsite; Work shall include field verification, and photo documentation of the existing conditions. C. Preflare EI ctronur: I7r1L_L .. ; Work shall include the preparation of AutoCad drawings of the existing conditions; Drawings shall consist of Site Plan, Floor Plans and Roof Plan. d. Prof of rs g & A i Work shall include a listing of the required code -related improvements for the change of occupancy (M Mercantile to R-2 Boarding House); All Code required remodeling improvements, will be documented for Owner review. DESIGN PHASE a. Prepare Life -°Safety. Pjag And Submittal Documents; Work shall include the preparation of all Drawings and Specifications necessary for the South Bend Local and Indiana State permitting submittals. All Code required remodeling improvements, if any, will be documented for Owner review and cost estimating purposes. b. Pr_gppre y tl pro( ci ,rl7rg, I a L__ in connection with the Owner's responsibility for filing documents required for the approval of South Bend Local and Indiana State authorities having jurisdiction over the Project. ALLIANCE will submit all documents on behalf of the Owner. ALLIANCE assumes that no structural modifications will be needed and that only minor mechanical/electrical improvements will be necessary. BIDDING PHASE (As necessary) a. Provde Bidding Assist n ,; Assist the Owner with obtaining Quotes from pre -qualified bidders for all remodeling improvements. CONSTRUCTION PHASE (As necessary) a. Provide Construction Observation; Work shall include shop-drawing/submittal review, three (3) periodic on - site observations, attendance at scheduled progress meetings, and punch list/Project close-out. BASIS OF COMPENSATION The Owner shall compensate ALLIANCE as follows for Basic Services, as described in ALLIANCE Scope of Basic Services: Not to exceed amount equal to Fifteen thousand dollars ($15,000). PRE -DESIGN PHASE $ 3,000 DESIGN PHASE $ 9,000 BIDDING PHASE $ 750 CONSTRUCTION PHASE $ 2,250 Progress Paymaen for Services completed shall be made to ALLIANCE, 30-days after receipt of invoice. Weather Amnesty-2019 Proposal Page 3 A 'it`b t. tyi not specifically identified in the Scope of Basic Services, shall only be performed with authorization from the Owner. Such Services shall include the following: • Cost Estimating ■ Interior Design • Engineering (Structural, Mechanical and Electrical) • Local and State Variances The fee for these Services shall be computed on an hourly rate basis as follows: Principal $165/Hour Project Architect $125/Hour Project Engineer $125/Hour CADD Technician $105/Hour Administrative Support $ 65/Hour REIMBURSABLE EXPENSES 1. In addition to professional fees, certain reimbursable expenses will be incurred by the Architect and our consultants in the interest of the Project. These expenses include Local and State Design Review Fees, document printing, and shall be invoiced at the rate of 1.10 multiplied times the direct expense incurred. Not to exceed amount equal to Two hundred fifty dollars ($250). We trust that these general terms meet your approval. If this proposal is acceptable to you, please sign and date the two copies and return one copy to our office. If you prefer, we can complete an American Institute of Architects (AIA) Form of Agreement. We appreciate this opportunity and look forward to working with you on the successful completion of this Project. Respectfully submitted, ALLIANCE ARCHITECTS '..._.....N. .. ............. William _ R. Lamie RA, AIA Principal ACCEPTED BY: DATE: When the prospective Contractor is unable to certify to any of the statements below, it shall attach an 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 '. -i � ffil COUNTY ) The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that 1. 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 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. Non -Collusion Non -Debarment Affidavit Non Iran Form 2016 4. 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 I.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. 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 Non -Collusion Non -Debarment Affidavit Non Iran Form 2016 orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. I, 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). 1 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 day of , 2019 CIL Contractor/Bidder (Firm) ORY L.TiMMER W " t Joseph County Signature of Contractor/Bidder or Its Agent UX My OommissW Expires September 23,2025 Printed L-am I ,�' 4"r CO j. ted Name and Title Subscribed and sworn to before me this day of ' (' 20 My Commission Expires,.. /V 4 y"I(,Lnta'' � of ";�nt'4 Notary a is l-e,"L L_:'-7 �IVi,ivvt ��cJ �,. County of Residence Non -Collusion Non -Debarment Affidavit Non Iran Form 2016 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date Name 11/05/19 Pam Department DCI BPW Date 11/12/19 Phone Extension 5845 ,� . , . �w;a � ....,' � rvn:r^�mu��aa �w�xmmr�awumn �„�,�, rr�,�... waawuwiuiuimuwwwiuwiuiviviv� .�......____. :. wa✓�r�� �,w nim�me�...�� ,�uam�r��rnmavmmua��i Rp �Iir d Prior to Submittal to Board mmm� IT BPW Attorney ®—Attorney Name Clara Daniels Dept. Attorney Z Attorney Name Sandra Kennedy Purchasing ® Michael Schmidt Check the A . rpp ,.Jiate Item Z Professional Services Agreement Contract J Open Market Contract [] Amendment/Addendum El Bid Opening ❑ Bid Award [:] Quote Opening El Quote Award E] Proposal Opening C/O & PCA No. nChg. Order, No. ❑ Traffic Control Other: Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description All Submissi, Proposal Special Purchase, QPA ❑ Req. to Advertise ❑ Title Sheel [� Reject Bids/Quotes [❑ PCA [-1 Resolution Ease./Encroach w Weather Amnesty-2019/20 Arc Eng Services for....... 16JV03 .. Redevelopment General .... �.. 433.1050.460.39.30 $15,250.00 Work to provide legal use of building b 11.1.19 Design,bids specs and State permitting p p ttin submission for improvements to site For Cli anV Orders Qn] Amount of El Increase $ Decrease Previous Amount $ — w.. �w Increase e m. % Current Percent of Change;. Decrease �o��.��� .....e.���������....... �. �....��..m_.�....e......� New Amount ............................. _ .. ..................... W ...... Inc......__..............o.... rease Total Percent of Change: Decrease mm.� ........w o ( /o Time Extension Amount;. New Completion Date: