HomeMy WebLinkAboutPSA – Design Plans for Window Replacement and Refreshed Entrance to Sibley Center - Kil Architecture Planning
ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR MURRAY L. MILLER
1316 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 574/ 235-9251
FAX 574/ 235-9171
CITY OF SOUTH BEND JAMES MUELLER, MAYOR
BOARD OF PUBLIC WORKS
April 27, 2021
Mr. Gregory A. Kil
KIL Architecture / Planning
1126 Lincolnway East
South Bend, IN 46601
gkil@kilarchitecture.com
RE: Professional Services Agreement
Dear Mr. Kil:
At its April 27, 2021 meeting, the Board of Public Works approved the above
referenced agreement for design plans for window replacement and a refreshed entrance to
Sibley Center on Sample in the amount of $23,300.
Enclosed please find the original of the agreement for your signature. Please sign and
return the original agreement to lhensley@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/ Anne Fuchs
Anne Fuchs, Clerk
Enclosures
AF/lh
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AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement For Professional Services (this “Agreement”) is entered into on April th,
2021 (the “Effective Date”), by and between the City of South Bend, acting by and through its
Board of Public Works (the “City”), and Kil Architecture / Planning, a corporation with its
Principal place of business located at 1126 Lincolnway East, South Bend, Indiana (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 “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
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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:City:
Kil Architecture / Planning City of South Bend
1126 Lincolnway East 227 W. Jefferson Blvd., Room 1316
South Bend, IN 46601 South Bend, IN 46601
Attn: Gregory A. Kil, President 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
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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.
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.
[Signature page follows.]
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement for Professional
Services to be effective as of the Effective Date stated above.
Kil Architecture / Planning
______________________________
Signature
______________________________
Printed Name and Title
1126 Lincolnway East
Street Address
______________________________
P.O. Box
South Bend, IN 46601
City, State Zip
574-288-2654
Telephone Fax
CITY OF SOUTH BEND, INDIANA
24203589.2
EXHIBIT A
Proposal
[See attached.]
(02/17/2021) 4/8/2021
Sibley TIF Proposal Rev’d
Kil A/P # 20082
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Agreement for Architectural Design and Planning Services
TIF Funded Work for the Sibley Building
134 E Tutt Street
South Bend, IN 46601
This agreement defines the scope of architectural design and planning services,
Between the Client: City of South Bend (hereinafter referred to as Client)
and the Architect: Kil Architecture/Planning (hereinafter referred to as Architect)
for the following project: Sibley Project TIF Funded Work (hereinafter referred to as Project)
for the Owner: William and Anne Voll (hereinafter referred to as Owner)
The following proposal is submitted in response to your request for Architectural Services.
for design assistance TIF funded work for the Sibley Project located at 134 E Tutt Street,
South Bend, IN 46601
I. BASIC SCOPE OF SERVICES (DESIGN PHASE I):
A.DOCUMENTATION PHASE:
The Architect will visit site and photograph the building in the areas to be modified and
remodeled. Document site plan and verify work in area of upgrades (exterior parking
east of building). Document and verify extent of exterior elevations (East and South) for
work in area of upgrades (replace window in existing openings at east and south
facades of building). Survey to be provided by others.
B.PROGRAM SCOPE:
1.Site Design:
a.Provide upgrades to east site area for parking and new entrance to building
b.Demolish 1 story brick paint shed. Remove masonry down below concrete
and patch concrete surface as required for vehicular traffic a parking.
c.At south lots line east of building, remove fence and guard railing and provide
landscape screening per ordinance (fence/hedge/trees).
d.Use existing eastern most curb cut for vehicular access to parking form
Sample.
e.Provide an Alternate to install 2 flanking masonry piers at drive entrance.
f. Develop new entrance/exit door at east façade, north side to and from new
parking lot.
g.Plan is to use existing storm system (grandfathered) as the concrete area
presently exists. Plan for 12 to 15 cars.
h.Provide exterior parking lot lighting using fixtures off of building where
possible.
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Sibley TIF Proposal Rev’d
Kil A/P # 20082
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2. Building Design:
a.Provide upgrades to building at South and East façade and associated
contingent interior work.
b.Remove wood siding to expose existing openings, remove metal windows.
c.Replace with new aluminum window units (to match windows recently replace
west of area of work) in existing openings at east and south facades of
building. At East Façade, consider Alternate for repair and replacement of
existing steel industrial sash windows.
d.Provide new entrance door and interior vestibule at existing window location.
e.Repair existing masonry as required (tuckpointing, etc).
f. Consider south façade of section north as a possible location of a painted
wall mural. Mural to be provided by others.
g.Consider opening up interior SE corner room with wider door where lintel
exists to maximum use of space for possible tenant.
C.SCHEMATIC DESIGN:
Once scope items I.A has been completed and items I.B have been confirmed,
develop schematic design plans for the remodeling will be developed for review with
the Client and Owner. Upon review of the initial set of preliminary drawings with
Client and Owner, subsequent revisions to the plans will be developed. One revision
to the chosen initial schematic plan set is included in this preliminary study. Upon
schematic design approval by the Client and Owner, the Architect will develop an
estimate of Construction Cost. Deliverables Include:
1.Existing and SD Level Demo Floor Plans
2.Existing and SD Level Demo Elevations
3.SD Level Proposed Floor Plans
4.SD Level Proposed Elevations
5.SD Level Proposed Site Plan
II.PHASE II FINAL PERMIT/BID/CONSTRUCTION DOCUMENTS:
Once Client and Owner approval of the Schematic Preliminary Design is gained and a
directive has been issued to proceed, Architect will develop detailed Final
Permit/Bid/Construction Documents and Specifications (Phase II) for the approved
scope for Local approval and to bid the project. Phase II Final Permit/Bid/Construction
Documents for BPW bidding (3 sealed quotes if under $150K or Public Bid if over)
depending upon estimated cost of work. It is not anticipated that this would need to go
downstate. The work may be divided into separate bid packages if Alternate 1 is
selected below.
A.Deliverables Include:
1.CD Level Proposed Demolition Site Plan
2.CD Level Proposed Site Plan
3.Existing and CD Level Demo Floor Plans
4.Existing and CD Level Demo Elevations
5.CD Level Proposed Floor Plans
6.CD Level Proposed Elevations
7. Details
8. Schedules
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9. Specifications
III.PHASE III BIDDING AND CONSTRUCTION ADMINISTRATION PHASE:
A.Bidding Phase:
The Architect will assist the Client in obtaining bid proposals for construction of the
work. Architect to attend pre-bid meeting if required, issue addenda as appropriate
and provide information or assistance needed by Client during negotiations with
prospective contractors. Architect to evaluate bids and recommend the award of
contract.
B.Construction Administration:
During the course of construction of the project, the Architect will make intermittent
visits to the site to observe work in progress to ensure that the project is being built in
accordance with plans and specifications. Architect to review shop drawings and
examples from contractor. Architect to review and approve Pay applications from
Contractor. A total of 4 site visits during construction including the punch list are
included within the fee for this portion of the work.
III.COMPENSATION:
A.The Documentation (Design Phase I) per Article I.A will be developed at a fee of
$600.00 (six hundred dollars).
B. The Preliminary Design Services (Design Phase I) per Article I.B and I.C will be
developed at a fee of $4,500.00 (four thousand five dollars).
C. The Construction Documents (Design Phase II) per Article II.A will be developed at a
fee of $14,500.00 (fourteen thousand five hundred dollars).
D. Bidding Phase per Article III.A will be performed for a fee of $1,000.00 (one thousand
dollars).
E. Construction and Administration Phase per Article III.B will be performed for a fee of
$2,700.00 (two thousand seven hundred dollars).
F.Alternate 1: Multiple bid packages as opposed to a single bid package will be
performed for an additional fee of $1,800.00 (one thousand eight hundred dollars).
G. The Client will be billed at the Standard 2021 hourly rates as follows:
Principal Architect $165.00/hour
Project Architect, Level II $127.00/hour
Project Architect, Level I $105.00/hour
Graduate Architect, Level III $94.00/hour
Graduate Architect, Level II $85.00/hour
Graduate Architect, Level I $82.00/hour
Senior Project Designer $92.00/hour
Project Designer $87.00/hour
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Technical CAD Designer $84.00/hour
Intern Architect, Level III $64.00/hour
Intern Architect, Level II $58.00/hour
Intern Architect, Level I $51.00/hour
Clerical Staff $43.00/hour
These rates are subject to review and may be changed at the beginning of each calendar year
H. Reimbursable Expenses: The Architect will bill reimbursable costs to the Client without
a mark-up. Reimbursable expenses entail travel mileage, long distance calls,
reproduction costs, photographic documentation, mailing, delivery, and handling of
documents or other similar expenses incurred by the Architect in the interest of the
Project. Expenses will not exceed $1,700.00.
I. Total Contract Fee Summary: The total fee for the Basic Scope of Work listed above
(Articles I, II, and III), but not including Alternate 1 or other Additional Services that may
be requested will not exceed a total fee of $25,000.00 (twenty-five thousand dollars).
V.WORK SCOPE QUALIFICATIONS:
Architectural and Engineering consultation services requested by the Owner or Client
beyond the scope of this Contract will be billed at the Architect’s hourly rates as
stated above (or Consultant’s hourly rates). The following are additional services
that may be required or requested by the Owner that are not included in the Basic
Scope of Services (Design Phase I) Preliminary Design:
a.Changes to the scope of the program as requested by the Client or Owner after
the preliminary design has begun or completed as outlined under Article I.C above,
requiring additional time on behalf of the Architect.
b.Site design is limited to the east parking area and ROW along Sample Street. If
City Engineering requires developed storm drainage per new City standards,
additional fees will be required.
c.Site Survey is not included and will be provided by Owner.
d.No addition to the existing building is planned for this project. If an addition is
proposed, additional fees will be incurred.
e.The preparation of 3-D computer model images of the project (interior and
exterior). These can be developed at an hourly rate.
f. Variances, easements and/or rezoning are not included, but can be provided if
requested by the Client or Owner.
g.Investigations, identification and/or abatement of hazardous materials of any kind are
not included in the scope.
h.Electrical Design is limited to provisions of the exterior site lighting of parking lot and
new entry vestibule within the existing building.
i.No Mechanical HVAC or Plumbing is required.
j. Standard Application Fee for the State Release of Construction or Local Permit fees.
k. Extensive investigations of alternative building systems is not included in the scope.
l.Changes required as a result of the Client or Owner or Contractor’s failure to render
decisions in a timely manner.
m. Local permit charges for construction are to be covered by the Client or Owner or
Contractor.
(02/17/2021) 4/8/2021
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Kil A/P # 20082
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n.Communications, Telephone, Security and Data Design and Sound system design and
installation is not included in the scope.
o.Lightning Protection Systems is not included in the scope.
p.Fire alarm and Fire Protection and/or Suppression Systems.
q.Detailed itemized construction cost estimating consultation is not included in the
scope.
VI. PAYMENTS:
A. Payments are due and payable 30 days from the date of the Architect’s invoice.
Amounts unpaid 30 days after invoice date shall bear interest at a rate of 1.5 %/mo.
This proposal is valid for thirty-five (35) days of the date issued. If the proposal is not accepted
within that time, the Architect reserves the right to modify the fees and terms of the proposal or
to withdraw the proposal.
If the Client or Owner shall violate or breach the terms or conditions of this contract, the Client
or Owner shall pay all costs and expenses including any attorney fees incurred by the Architect
in connection with its exercising his rights or remedies he may have under this agreement
because of such violation or breach.
Client and Owner agrees, to the fullest extent permitted by law, to limit the liability of the
Architect so that the total aggregate liability of the Architect shall not exceed the Architects fee
paid for services rendered on the Project pursuant to this Agreement. It acknowledged that this
limitation of liability applies to any and all cause of action, be it sounding in contract, tort,
statutory violation or otherwise.
This proposal is valid for thirty-five (35) days of the date issued. If the proposal is not accepted
within that time, the Architect reserves the right to modify the fees and terms of the proposal or
to withdraw the proposal.
If this letter proposal properly sets forth the scope of the architectural planning and design
services, please countersign below and we can begin work on your project.
Thank you for the opportunity to submit this proposal. We look forward to working with you. If
you have any questions please do not hesitate to contact us.
Gregory A. Kil, NCARB, AIA Owner
Architect and President
Gregory A. Kil & Associates, Inc.
(d/b/a) Kil Architecture / Planning date
Alternate #1: To select multiple bid packages please initial here: ____________ _____________
Initials Date
END OF PROPOSAL
24203589.2
EXHIBIT B
Contractor’s Affidavit
[See attached.]
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 04/14/2021
Name Zach Hurst Department DPW
BPW Date 04/27/2021 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 Sandi Kennedy
Purchasing
Check the Appropriate Item Type –Required for 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
Other: Ease./Encroach
Required Information
Company or Vendor Name Kil Architecture / Planning
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name Sibley Center on Sample
Project Number 121-021
Funding Source RWDA TIF
Account No.PR-00008611
Amount $23,300.00
Terms of Contract Hourly, per phase of project, NTE $25,000
Purpose/Description PSA for design plans for window replacement and refreshed entrance to
Sibley Center, off Sample Street
For Change Orders Only
Amount of Increase
Decrease
$
($ )
Previous Amount $
Current Percent of Change:
Increase
Decrease
%
(%)
New Amount $
Total Percent of Change:
Increase
Decrease
%
(%)
Time Extension Amount:
New Completion Date: