HomeMy WebLinkAboutAward Quote - Olive Street West Entrance Concrete Replacement - John Ward ConcreteBOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 10-19-2023
Name Bussell, Matthew
Department Public
Works /Water
BPW Date 10-24-23 Phone Extension 4210
Review and Approval Required Prior to Submittal to Board
Diversity Compliance
and Inclusion Officer Officer Name
BPW Attorney Attorney Name
Dept. Attorney Michael Schmidt
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 John Ward Concrete
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name Olive Street West Entrance Sidewalk Replacement
Project Number N/A
Funding Source Water Operations Other Contractual Services
Account No. 620-06-604-606-439001 | PR-00028486
Amount $13,480.00
Terms of Contract NTE
Purpose/Description Replacement of deteriorating entry walkway and sidewalk on the west side of
the Olive Street building.
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:
Bids for Olive Street West Entrance Sidewalk Repair
Company
Date Rec'd
(electronic)Amount Lowest Bid
Brown & Brown 10/6/2023 $17,250.00
John Ward Concrete 10/17/2023 $13,480.00 X
Premium Services 10/13/2023 $16,358.00
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SERVICES AGREEMENT
This Services Agreement (this “Agreement”) is entered into by and between the City of
South Bend (the “City”), and ____________________(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 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 upon invoicing by the
Provider as set forth in the Proposal. The City will not be required to pay any amount 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 payments 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 terminate upon the satisfactory completion
of the Services to be rendered under this Agreement. 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
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.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
2
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.
6.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.
7. 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.
8.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
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.
9.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.
10.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.
11.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
3
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.
12.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.
13. Signatures. In accordance with Indiana Code Section 26-2-8-106, each Party agrees
that this Agreement may be electronically signed, and that any electronic signatures appearing on
this Agreement are the same as handwritten signatures for the purposes of validity, enforceability,
and admissibility.
14. Counterparts. This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original and all of which together shall constitute one instrument.
15.Confidentiality. Notwithstanding anything to the contrary herein, each party
may disclose the other party's Confidential Information in order to comply with applicable law
and/or an order from a court or other governmental body of competent jurisdiction.
IN WITNESS WHEREOF, the Parties hereto have caused this Services Agreement to be
effective as of the last date signed.
[ ]
Name
______________________________]
Signature
______________________________
Printed Name and Title
______________________________
Street Address
______________________________
P.O. Box
______________________________
City, State Zip
______________________________
Date Signed
October 24, 2023
24203589.2
EXHIBIT A
Proposal
[See attached.]
Page 1 of 1
John Ward Concrete Inc.
PO Box 588
Osceola, IN 46561
+1 5746746285
billing@jwconcrete.net
www.jwconcrete.net
Estimate
ADDRESS
City of south Bend
Jerry Fussell
SHIP TO
City of south Bend
Jerry Fussell
ESTIMATE 2191
DATE 10/16/2023
PROJECT
Tear out redo entrance
DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT
Concrete Concrete
Tare out 106 feet of curbs and replace
with new curbs.
Tear out old walk ways and replace
with new add wire mesh 7'x75'x5"
And
14'x13x5"
Add rebar to curbs per customer
1 13,480.00 13,480.00
Call to schedule 574-849-0507 thank
you
We appreciate your business!TOTAL $13,480.00
Accepted By
Accepted Date