Loading...
HomeMy WebLinkAboutPSA - Design Services for Southern Gateway Bridge Beautification Project - Ciorba Group, Inc.1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS April 28, 2020 Mr. Salvatore Di Bernardo Ciorba Group, Inc. 8725 W. Higgins Rd. Chicago, IL 6031 �J ol.-ha..:.c2111:. RE: Professional Services Agreement Dear Mr. Di Bernardo: PHONE 574/235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting held on April 28, 2020, approved the above referenced agreement for design services for Southern Gateway bridge beautification project in the amount of $12,095. Enclosed please find the original of the agreement for your signature. Please sign and return the original agreement to Ihensley@southbendin.gov. Please retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, s/Linda M. Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR AGREEMENT FOR PROFESSIONAL SERVICES This Agreement For Professional Services (this "Agreement") is entered into on April 28 , 2020 (the "Effective Date"), by and between the City of South Bend, acting by and through its Board of Public Works (the "City"), and Ciorba Group a consulting corporation with its Principal place of business located at 8725 W. Higgins Rd. St. 600 Chicago IL 60631 (the "Provider") (each a "Parry" and collectively the "Parties"). For and in consideration of the mutual covenants and promises contained herein, the Parties agree as follows: I. 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 "Proposal"), which Proposal is incorporated herein. In the event of any conflict between the terms of this Agreement and the terms of the Proposal, 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. Compensation. In exchange for the Provider's satisfactory performance of the Services, and subject to the terms and conditions of this Agreement, the City will pay the Provider the Program Fee stated in the Proposal (the "Contract Amount") in accordance with the project budget stated in the Proposal. The City will pay the Contract Amount in installments upon invoicing by the Provider as set forth in the Proposal (each a "Contract Installment"). The City will not be required to pay any Contract Installment if the City is not satisfied with the Provider's performance under this Agreement or any material default or breach of this Agreement by the Provider exists, as the City may determine in its sole reasonably discretion. The sum of all Contract Installments will not exceed the Contract Amount, and the Provider will not incur or seek reimbursement for any expenses in excess of the Contract Amount. 3. Term, Termination. Unless earlier terminated in accordance with its terms, this Agreement will commence on the Effective Date and end upon the Provider's satisfaction of all its obligations hereunder and the City's final 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 Ind. Code 6-I.I-18- 4, payments are subject to annual appropriation by the City. If the City 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 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 any Contract Installment 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. Failure to complete the Services in accordance with this Agreement will be considered a material breach. In the event of such breach, the City may suspend all payments to the Provider and may pursue any and all remedies available 0996619\305598624.v1 at law or in equity. The Provider shall repay to the City any portion of the Contract Amount expended for matters not within the scope of the Services. 5. Point of Contact. The City employee and the representative of the Provider identified in Section 9 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. This Agreement is strictly for the benefit of the Parties and not for any third parry 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 parry 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. Indemnification of City. The Provider hereby agrees to defend, indemnify, and hold harmless the City, 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, excepting for claims arising out of the negligence of the City, its officials, directors, employees, and agents. The Provider shall have the right to rely on the accuracy of any information provided by the City. The Provider will not be responsible for reviewing this information for accuracy unless otherwise stated in the Scope of Services. The obligations of the Provider under this section shall survive the termination of this Agreement. 8. Assignment. 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. 9. Notices. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered, whether or not actually received, 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. Provider: Cam: _Ciorba Group, Inc._ City of South Bend Brett Sauter, PE 227 W. Jefferson Blvd., Room 1316 bsauter@ciorba.com, 773 355-2836 South Bend, IN Attn: Zach Hurst 574-235-5888 x3057 10. Equal Opportunity; Non -Discrimination; Compliance. 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 state, federal, and municipal laws, regulations, and standards applicable to its activities pursuant to this Agreement 0996619\305598624.v1 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 it is in compliance with each such provision and shall remain in compliance through the term of this Agreement. 11. 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. 12. Drug -Free Workplace. 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. 13. Entire Agreement; Amendment; Applicable 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 understanding 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 interpreted according to the laws of the State of Indiana, and any dispute arising out of this Agreement or otherwise concerning the Provider's rendering of the Services will be resolved in the courts located in St. Joseph County, Indiana, unless the Parties mutually agree to a different method of dispute resolution. In the event of any dispute no employee of the City or Provider shall be named as parties. City acknowledges that Engineer is a limited liability entity and agrees that any claim made by it arising out of any act or omission of any employee, officer, or director of Engineer in the execution or performance of this Agreement shall be made against the entity and not against any employee, officer, director, or Engineer of Record. 14. Severability. All provisions of this Agreement shall be considered as separate terms and conditions, and in the event any one shall be held illegal, invalid or unenforceable, all the other provisions hereof shall remain in full force and effect as if the illegal, invalid, or unenforceable provision were not a part hereof, unless the provision held illegal, invalid or unenforceable is a material provision of this Agreement, in which case the Provider and the City agree to amend this Agreement with replacement provisions containing mutually acceptable terms and conditions. 15. Force Majeure. The Provider shall not be responsible for any failure or delay in the performance of any obligation hereunder, if such failure or delay is due to a cause beyond the Provider's reasonable control, including, but not limited to acts of God, flood, fire, volcano, war, third -party suppliers, labor disputes or governmental acts. 16. Counterparts. This Agreement may be executed in two or more counterparts, which together shall constitute one and the same agreement among the Parties. 0996619\305598624.v1 [Signature page follows.] IN WITNESS WHEREOF, the Parties hereto have caused this Agreement for Professional Services to be effective as of the Effective Date stated above. Ciorba Group, Inc. By: Salvatore Di Bernardo, President Printed Name and Title 8725 West Higgins Road Street Address Chicago, IL 60631 City, State Zip 773 775-4009 Telephone ATTEST: BOARD OF PUBLIC WORKS ZA � N.M./ Gary A. Gilot, President ucle- Elizabeth A. Maradik, Member Therese J. Dorau, Member Jordan V. Gathers, Member Joseph R. Molnar, Member ATTEST: '-42111dc cfT yr Linda M. Martin, Clerk 0996619\305598624.vl EXHIBIT A Proposal [See attached.] 0996619\305598624.v1 011111�� CillorbaGl`OU�F) A �:,t r i (5, () 2 () Zack Hurst, RE Project (Engineer City of South Bend 227 W. Jefferson Mvd, South Bend, IN 46601 Subject: Letter Agreement -for IEngineering Services US 20/31 Bridge Aesthetics Dear Mr, Hurst: Ciorba Group, Inc. is pleased to submit this Letter Agreement to provide design engineering services for the above referenced project. Ciorba is currently under contract with INDOT (Contract B-40600, DES 1701538) to provide design engineering services for the fuU replacement of the bridge at the US 20/31 interchange due to its current condition. Based on coordination with the City of South Bend during the development of design pens, it was determined that various aesthetic treatments should be investigated for application to the bridge. Any aesthetic treatments wiU be �ocaUy funded and paid for by South Bend. During a conference caU with South Bend, INDOT and Ciorba on March 20, 2020, it was decided that Ciorba wiU investigate the foUowing aesthetic treatments on the bridge: 0 Form diner on bridge parapets and MSE wags including fettering on the bridge raft 0 Painting of the bridge beams and concrete staining 0 No hghting wiR be on the bridge (updated per 4/15 ernaft) S c o �) e of S e i- vi, e s The Scope of Services for the project wiU include two parts: Part A: Prepare 1 aesthetic exhibit, renderings, and approximate pricing. These wiR be submitted to South Bend by April 30, 2020. 0 One video conference with South Bend to discuss the aesthetic treatments After a review of the aesthetic exhibit and renderings, South Bend wiR determine if the improvements wiR be included in the INDOT pens. If South Bend effects to move forward, Part B of the scope wiR be utilized, If South Bend effects not to move forward, Part B wiR not be pursued. In order to have this work included in the INDOT pens for betting, a decision wiR be required by June 1, 2020. I'M Preparation of Stage 1 aesthetic pens assuming fettering, form diner and painting option. These pens wiR be submitted to the City of South Bend for review. The submittal is hk'lgo' 11 60631 ( m w ( m n Zach Hurst, PE US 20/31 Bridge Aesthetics Page 2 anticipated to be 8 weeks after direction is received regarding which aesthetic option to develop. Preparation of Stage 3 plans and special provisions addressing comments from Stage 1 plan review. These plans will be included with the INDOT contract submittal. This will follow the INDOT schedule currently targeted for December 18, 2020. Staff ­11oul . . . . . Our design engineering services will consist of: Part A Work Task Staff IHours Prepare IExhi bits/ Renderings 21 Cost (Estimates 3 Video Conference Discussion 2 Total Staiff IHours: EN IIIhIIEERIIN IFIEE Our engineering fee will be as follows: Labor: 26 Staff Hours x $48.50 per hour x 2.9 In -House Direct Costs: Travel Part IB Work Task Prepare Stage 1 and Stage 3 plans Prepare Stage 3 special provisions Total Staiff IHours: EN IIIhIIEERIIN IFIEE Our engineering fee will be as follows: Labor: 60 Staff Hours x $48.50 per hour x 2.9 In -House Direct Costs: Travel W $ 3,656 $ 0 Total IEngineering IFee $ 3,656 Staff IHours 48 12 N $ 8,439 $ 0 Total IEngineering IFee $ 8,439 L Zach Hurst, PE m. US 20/31 Bridge Aesthetics Page 3 Ger e I r­'," o MJ" '"'t 11, 1,11 o - � i i M The attached General Conditions are made a part of this Agreement. The Fees in this Agreement shag remain fixed untft December 31, 2020. The project MR. be billed as a lump sum project on a percent compete basis. Adjustments to the fee will. be negotiated with the after this date. Upon acceptance of this Agreement, pease have each copy executed, retain one (1 ) copy for your files, and return one (1 ) copy to us for our ffles. Should you have any questions pease contact me at 773.775.4009. We appreciate the opportunity of submitting this Agreement to you and look forward to working on this project. Sincereiiy, C'iort'�a ('.nr'oul� in, c Brett Sauter, RE, SE Vice President -Structures Accepted By: �Name: Titiie: Date: CITY OF SouTH BEND L illi; q i In A, DELAYS - CIORBA wiU not be habe for delays due to force majeure or any conditions beyond its contr& IDIISPUT�E USOILLITIOIN - Any dispute under this contract shaU be subject to mediation as a condition precedent to litigation, EINVIROINMENTAL - CIORBA assumes no responsibihty for the detection or remova� of any hazardous substances found at the job site. �EXTRA WORK - CIORBA's fees are based on our doing the work as described in the proposal fetter. IExtra Work includes furnishing any other services not specificaUy set forth in the proposa� fetter including but not Hmited to responding to subpoenas or court orders. The fee for aU IExtra Work wiU be computed on the basis of direct salaries of personnel actuaUy assigned to the work muftiphed by a factor of 2.9 to cover overhead, fringe benefits and profit. Direct costs would be billed at their actual rate. �No (Extra Work would be undertaken by us without prior written authorization from City of South lBend (CLIENT). IINSURANU - CIORBA agrees to maintain insurance coverage in the foUowing minimum amounts: • Professiona� Liability - $2,000,000 per claim/aggregate • General Liability - • $1,000,000 (Each Occurrence - Bodily Injury • $1,000,000 (Each Occurrence - Property Damage • $2,000,000 Aggregate • Automotive Liability (including non -ownership and hired car coverage) -$1,000,000 Per Person/Per Occurrence • Employer's Liability - $500,000 (Each • Worker's Compensation - Per Statutory JOIBSIITIE SAFETY - CIORBA is not responsUe for job site safety or means and methods. Job site safety and means and methods are the responsibility of the Contractor. CIORBA has no stop work authority. LIMITATIOINS OF LIABILITY - The Client agrees, to the fuUest extent possUe, to Hmit the Habihty of CIORBA so that the tote aggregate Habihty of CIORBA shaU not exceed CIORBA's fee as paid for services rendered on the project. It is acknowledged that this Hmitation of habihty applies to any cause of action, be it contract, tort, or any other theory. CLAIMS -The Client agrees to bring any claims against CIORBA corporate entity, not any individual owners or emp�oyees of CIORBA firm. The Client and (Engineer both agree to waive any claims for consequential damages against each other. (CLIENT) PROVIDBID IINFORMATIOIN - CIORBA shaU have the right to rely on the accuracy of any information provided by the (CLIENT.) CIORBA wiU not be responsUe for reviewing this information for accuracy unless otherwise stated in the Scope of Services. Page 1 of 3 3/26/2020 ll� i In A, OWNERSHIP OF INSTRUMENTS OF &ERVICIE - In accepting and utilizing any drawings, reports, documentation and other technical submissions (in any form including electronic media) generated and furnished by CIORBA, (CLIENT) agrees that these are aU instruments of service of CIORBA, who shaU be deemed the author, and shaU retain aU common haw, statutory haw and other rights, including copyrights. The (CLIENT) agrees not to reuse any drawings, reports, documentation and other technical submissions (in any form including electronic media), in whole or in part, for any purpose other than for the Project. The (CLIENT) agrees not to transfer the drawings, reports, documentation and other technical submissions (in any form including electronic media) to others without the prior written consent of CIORBA. The (CLIENT) further agrees to waive aU claims against CIORBA resufting in any way from any unauthorized changes to or reuse of any drawings, reports, documentation and other technical submissions (in any form including electronic media) for any other project by anyone other than CIORBA. In addition, the (CLIENT) agrees, to the fuUest extent permitted by haw, to indemnify and hold harmess CIORBA, its officers, directors, emp�oyees and subconsuftants against aU damages, HaMities or costs, including reasonable attorneys' fees and defense costs, arising from any changes made by anyone other than CIORBA or from any unauthorized reuse of any drawings, reports, documentation and other technical submissions (in any form including electronic media) without the prior written consent of CIORBA. Under no circumstances shaU delivery of any drawings, reports, documentation and other technical submissions (in any form including electronic media) for use by the (CLIENT) be deemed a safe by CIORBA, and CIORBA makes no warranties, either express or implied, of merchantabihty and fitness for any particular purpose. In no event shaU CIORBA be habe for indirect or consequential damages as a result of the (CLIENT'S) reuse of the any drawings, reports, documentation and other technical submissions (in any form including electronic media). �Nothing contained herein shaU create a contractual relationship with, or any rights in favor of, any third party, including any contractors, subcontractors, design professionals, or subsequent users. PAYMENT OF IFIEIES - AU fees are due and payable as specified herein. Fees wM be billed monthIy for services performed in the preceding month. PIE ITS AND APPROVALS - It is the responsibihty of the (CLIENT) to obtain aU necessary permits and approvals. CIORBA wiU assist the (CLIENT) as mutually agreed in writing as part of the Scope of Services. RIEJECTIOIN OF INOINCOINFORMIING WORK - CIORBA shaU have the authority, but not the responsibihty, to reject nonconforming work. CIORBA shaU bring any known non -conforming work to the attention of the (CLIENT) as soon as reasonably possible. RIGHT OF ACCBS - CIORBA shaU have access to the job site whenever work is in preparation or in progress. SUSREINSIOIN AND TMMIINATIOIN - This AGREEMENT may be terminated by the (CLIENT) upon giving notice in writing to CIORBA at his Iasi known post office address. In the event that this Page 2 of 3 OF111111 I 3/26/2020 CIIIarlu,.�� illi; q i In A, project should be suspended or abandoned for any reason whatsoever, the (CLIENT) shaR be HaMe for payment of aR services performed through the date Ciorba receives written notice of such suspension or abandonment; payment to be based on percentage of work compete in the case of Wmp sum fees, or hours of work competed in the case of salary times muftipher fees. In the event the (CLIENT) reactivates the project, Ciorba MR not resume work without the execution of a new agreement for the work. This agreement shag terminate upon the occurrence of the first of the foRowing: 0 Completion of and payment for aR of the work included herein. Suspension or abandonment of the project, and payment to us of aR fees due and payaWe. 0 Mutua� written consent of the parties hereto. DBLIVERY OF IEILIECTROINIC MILES - Bectronic files furnished by CIORBA shaU be subject to an acceptance period of 30 days during which (CLIENT) agrees to perform appropriate acceptance tests. CIORBA shaU correct any discrepancies or errors detected and reported within the acceptance period. After the acceptance period, the electronic files shag be deemed to be accepted and CIORBA shaU have no obhgations to correct errors or maintain electronic files, The (CLIENT) is aware that differences may exist between the electronic files delivered and the printed hard -copy construction documents. In the event of a conflict between the signed construction documents prepared by CIORBA and electronic files, the signed or sewed hard - copy construction documents shaU govern. Page 3 of 3 OF111111 I 3/26/2020 CIIIarlu,.�� EXHIBIT B Contractor's Affidavit [See attached.] 0996619\305598624.v1 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 STATE OF (Must be completed for all quotes and bids. Please type or print) SS: 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 (1) 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. 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, firms, 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 will consider the Contractor's good faith efforts to obtain participation by those subcontractors 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. Contractors seeking the award of a City contract cannot be required to award a subcontract to ai+-MWBE; however, they may not unlawfully discriminate against said MBE/WBE. A finding of noncompliance or a discriminatory practice shall prohibit that Contractor 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 to 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 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 (LC. 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 day of , 20 Contractor/Bidder (Firm) Signature of Contractor/Bidder or Its Agent Printed Name and Title Subscribed and sworn to before me this day of , 20 My Commission Expires County of Residence Notary Public BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 04/22/2020 Name Zach Hurst Department DPW BPW Date 04/28/2020 Phone Extension 3057 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer ❑ Officer Name BPW Attorney ® Attorney Name Clara McDaniels Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item Type — Re uired or All Submissions ® Professional Services Agreement ❑ Contract ❑ Proposal ❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes ❑ Proposal Opening ❑ C/O & PCA No. ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution n Other: n Ease./Encroach Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Ciorba ❑ Yes 71 No Information If Yes, Approved by Purchasing ❑ WBE Completed E-Verify Form Attached ❑❑ Yes No Southern Gateway Bridge Beautification Project 120-008 Engineering Professional Services 101-0602-431.31-06 Amount $12,095 Terms of Contract Lump Sum Purpose/Description Design services for aesthetic improvements to the bridge replacement project for the US 20 ByPass over Michigan Street. Contact is Brett W. Sauter <bs auter(a, Ciorba. com>. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Current Percent of Change: New Amount Total Percent of Change: Time Extension Amount: New Combletion Date: Increase Decrease Increase Decrease