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HomeMy WebLinkAboutPSA - Design Services for the Olive Street Station Roof Repairs – Jones Petrie Rafinski1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS July 14, 2020 Mr. Chris Chockley Jones Petrie Rafinski 325 S. Lafayette Blvd., Ste. 200 South Bend, IN 46601 cc�z2cb .. ajpj::..:�:..sogr::c ..:.corn RE: Professional Services Agreement Dear Mr. Chockley: PHONE 574/235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting held on July 14, 2020, approved the above referenced agreement for design services for the Olive Street station roof repairs in the amount of $14,300 Enclosed please find the original of the agreement for your signature. Please sign and return the original agreement to iiie��slc 'Osc wlibc��Idiri,u v. 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 June 23ra 2020 (the "Effective Date"), by and between the City of South Bend, acting by and through its Board of Public Works (the "City"), and Jones Petrie Rafinski, a corporation with its Principal place of business located at 325 S. Lafayette Blvd, South Bend, Indiana (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: 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 "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 default or breach of this Agreement by the Provider exists, as the City may determine in its sole 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 6-1.1-18- 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 at law 1 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 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 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. 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 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: Jones Petrie Rafinski 325 S. Lafayette Blvd. South Bend, IN 46601 Attn: Ed Kowalczyk, Sr. Architect Cam: City of South Bend 227 W. Jefferson Blvd., Room 1316 South Bend, IN 46601 Attn: Zach Hurst, Project Manager 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 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 2 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. 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 -parry 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. [Signature page follows.] 3 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement for Professional Services to be effective as of the Effective Date stated above. Jones Petrie Rafinski Signature Printed Name and Title 325 S. Lafayette Blvd. Street Address P.O. Box South Bend, IN 46601 City, State Zip Telephone Fax CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary A. Gilot, President Elizabeth A. Maradik, Member Therese J. Dorau, Member Jordan V. Gathers, Member Joseph R. Molnar, Member ATTEST: �irrr�� C�farntr Linda M. Martin, Clerk M EXHIBIT A Proposal [See attached.] 24203589.2 'i � uui uuui uui Dili 0 I and' ''UF'rn,,niv4,p i ml In9ineeiing Planning Ahiir•c�tui, I°r'c,aec,t F-unchi g r.'IS Iv'eIie,vr" a Ll I e I,:rierrp=y 1,anckcape 60-chnt, ctuie May 18, 2020 Zach Hurst, PE Public Works Division of Engineering 1316 County -City Building 227 West Jefferson Blvd. South Bend, IN 46601 RE: DESIGN SERVICES FOR THE OLIVE STREET STATION, SOUTH BEND, IN Dear Mr. Hurst: Thank you for reaching out to Jones Petrie Rafinski (JPR) regarding design services for the Olive Street Station in South Bend. Project Understanding The City of South Bend is planning to remove and replace the clay tile section of the existing roof of the Olive Street Station along with the limestone parapet cap and copper gutter/flashing. The flat rubber section of the roof will also be removed and replaced as add alternate #1. With this basis of understanding JPR proposes the following scope of services: Scope of Services Bid/Quote Drawings for Roof Rehabilitation JPR will produce a set of bid/quote drawings for the rehabilitation of the existing roof. This will consist of plans, sections, details, and notes describing the scope of the project for potential bidders and including add alternate #1. Bid/Quote Specifications JPR will produce a Specification Document to provide front end information such as bid dates, construction dates, etc., as well as detailing the required process for the roof repair and rehabilitation. Bidding and Negotiation JPR will assist in the bidding and negotiation phase of this project. This will include, but not be limited to the following: • Production and distribution of plan sets and bid specifications forming a bid package; • Attending and coordination of a pre -bid conference meeting; • Answering contractor questions, issuing Addendums and reviewing product specifications and substitutions. 00 Nihi, rr Parkway Swine, 2'a1:1 , 5 S, L..ataycJte Nvd' 10 ll'4' y"crIni n[_)Ic� pfrc°at4 jjpr'l source,com h 11('hart, IN 465110 r:,Wh Br,-ind' II'"1 Ilya A)l fort Wayri , IN 116802 5742917767' 574,::r:1w2 A388 260,422.2522 City of South Bend May 7, 2020 Page 2 of 4 Construction Administration JPR will conduct periodic reviews (anticipated weekly visits) of construction to ensure the Contractor is providing the level of quality that is required for the project. The construction administration services will include the following: • Coordination and attendance of a pre -construction meeting; • Reviews of site construction will be completed to ensure the Contractor is providing the level of quality that is required for the project; • Based upon the on -site observations and evaluations of the Contractor's Applications for Payment, assistance to the Owner will be provided to determine the amounts due to the Contractor; • JPR will provide clarification/interpretations of the Contract Documents if such interpretations are necessary for the proper execution or progress of work; • JPR shall render written recommendations on claims, disputes and other matters in question between the Owner and Contractor relating to the execution or progress of the project as provided by the Contract Documents; • Review and approve, or take other appropriate action and forward to the Owner for final disposition, the Contractor's submittals such as Shop Drawings, Product Data and Samples with respect to Contract Documents produced by JPR; • Prepare responses to Requests for Information (RFI) provided by the Contractor; • Prepare Change Orders for the Owners' approval and execution; • Provide Field Reports describing observations, problems and recommended solutions; • Provide Punch Lists based on site observations; • Conduct inspections to determine the date or dates of Substantial Completion and the date of Final Completion; • Review and approve, or take other appropriate action on, the Contractor's list of items to be completed or corrected. Schedule The final project schedule will be determined through coordination with the Owner. JPR anticipates the minimum timeframe required to complete the project is 4 weeks assuming all information and the Owner is available to provide input and approvals as required. Project Fees The fee to provide the tasks outlined in the Scope of Services is as follows: Bid/Quote Drawings $4,500.00 Bid/Quote Specifications $4,800.00 Bidding and Negotiation $1,300.00 Construction Administration $3,200.00 Total Fee = $13,800.00 City of South Bend May 7, 2020 Page 3 of 4 Reimbursable Expenses In addition to the project fees above, we recommend you budget $500 for normal reimbursable expenses such as printing (plotting and copies), deliveries, and plan review fees. Note: All reimbursable expenses are billed at 1.0 times cost. Clarifications to Scope Please note the following assumptions and clarifications regarding our fees above: 1. Out -of -scope services are not included in this proposal but can be provided as an Additional Service at our standard hourly rates (work will not commence on any out -of -scope services unless and until approved by client). 2. Construction staking, construction testing, construction inspection, and permit fees are not included in this proposal. JPR appreciates the opportunity to be of service on this project. We will begin work immediately upon receipt of the signed Proposal. Should you have any questions or require additional information, please feel free to contact me at (574) 232-4388 or via email at ekowalczyk@jprl source.com. If acceptable, please execute the Proposal by signature where indicated and return a copy to our South Bend office or via email. Sincerely, Edward J. Kowalczyk AIA Senior Architect J:AProposals\City of South Bend\2020\Olive Street Station\2020-05-08 Olive Street Station.docx EXHIBIT B Contractor's Affidavit [See attached.] 24203589.2 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 06/23/2020 Name Zach Hurst Department DPW BPW Date 07/14/2020 Phone Extension 3057 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer ❑ Officer Name BPW Attorney ❑ Attorney Name 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. Information Jones Petrie Rafinski ❑ Yes ❑ If Yes, Approved by Purchasing ® No ❑ WBE Completed E-Verify Form Attached ❑ Yes No Olive Street Station Roof Repairs 120-028 Water Works Capital 622-06-604-620-443001 Amount $14,300 Terms of Contract Fixed fee per task Purpose/Description PSA with Jones Petrie Rafinski to produce roof repair plans for Olive Street WTP office building. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount Current Percent of Change: New Amount Increase Decrease Increase Total Percent of Change: Decrease Time Extension Amount: New Combletion Date: