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HomeMy Public PortalAbout017-2018 - I&D - R&B Architects - Architectural sevices for the facadePROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into this day of <9 , 2018, and referred to as Contract No. 17-2018, by and between the City of Richmond, Indian a municipal corporation acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and R and B Architects LLC, 3202 North Meridian Street, Indianapolis, IN 46208 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide professional architectural services in connection with the City of Richmond's Stellar Facade Restoration Project (hereinafter referred to as the "Project") for certain downtown Richmond properties, which services are in connection with the Stellar Grant awarded to the City and in accordance with the Office of Community and Rural Affair's ("OCRA') Main Street Revitalization Program. Contractor shall provide said professional architectural services which shall include, but shall not be limited to, providing detailed scope documentation, construction documentation, specifications, bidding assistance, and construction execution administration in connection with the Project. Contractor's proposal, dated December 13, 2017, is attached hereto as Exhibit A and incorporated herein by reference. Contractor agrees to abide by the same. City's initial scope of work, estimates, and schedules for the designated downtown street addresses are incorporated into this Agreement and Contractor agrees to abide by the same. Contractor understands, acknowledges, and agrees that the design elements of the Project are to incorporate historically responsible design approaches consistent with current downtown facades that must be approved by the City. Contractor shall coordinate any architectural electronic communications as necessary in connection with the consistent design approaches. Should any provisions, terms, or conditions contained in any of the documents attached hereto as Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. Contractor shall perform all work herein in a timely manner, conforming to all applicable professional standards. The Contractor shall furnish all labor, material, equipment, and services necessary for the proper completion of all work specified. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11(a)(2); and 3. A purchase order has been issued by the Purchasing Department. SECTION II. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the work. Contract No.17-2018 Page I of 6 SECTION III. COMPENSATION City shall pay Contractor a total sum not to exceed Sixty-one Thousand Dollars and Zero Cents ($61,000.00) for complete and satisfactory performance of the work required hereunder. Payment made pursuant to this Agreement shall be made from local funds. SECTION IV. TERM OF AGREEMENT 'This-Agreenient shalt -be effective when signed by all parties and shall continue in effect until satisfactory completion of the Project. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: a. failure, for any reason of the Contractor to fulfill in a timely manner its obligations under this Agreement; b. submission of a report, other work product, or advice, whether oral or written, by the Contractor to the City that is incorrect, incomplete, or does not meet reasonable professional standards in any material respect; c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make payment for all work performed prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein. This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties by setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Page 2 of 6 Coverage A. Worker's Compensation & Disability Requirements B. Employer's Liability C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage Comprehensive Auto Liability Section 1. Section 2. E. Umbrella Liability Bodily Injury Property Damage Limits Statutory $100,000 $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence $1,000,000 each person $1,000,000 each occurrence $1,000,000 each accident $1,000,000 each occurrence $2,000,000 each annual aggregate F. Malpractice/Errors & Omissions Insurance $1,000,000 each claim $2,000,000 each annual aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement Page 3 of 6 will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in'effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. SECTION VIII. IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. SECTION IX. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: I . That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub -contractor, or any person action on behalf of Contractor or any sub -contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by the City and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. Page 4 of 6 C. Violation of the terms or' conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION X. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability for negligence which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION XI. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained herein. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit arising out of this Contract must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. Any person executing this Contract in a representative capacity hereby warrants that he/she has been duly authorized by his or her principal to execute this Contract. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees. [Signature Page to Follow.]' Page 5 of 6 In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Public Works and Safety By: -llm � I Vicki Robinson, President By: 7R�' Richard Foore, Member Date: 1 % l iJ APPROVED: Snow, D yor Date: l`JZ "CONTRACTOR' R AND B ARCHITECTS LLC 3202 North Meridian Street Indianapolis, IN 46208 WN 0-' ffln�- ,,I i Page 6 of 6 Printed: Brent Mather Title: Principal Date: 2/5/18 Proposal for Professional Services Downtown Fagade Enhancements, City of Richmond, Indiana RHM_002 rev 1.2 December 13, 2017 City of Richmond Indiana 50 North Fifth Street Richmond, Indiana 47374 T: 765.983.7200 Rb Project Goal Statement AECNIUCTUEE The City of Richmond "Client" desires Rb Architects "Consultant" to act as Owners' I�EESEE I'N 1 N G Representative between the City of Richmond and various Property Owners "Owners' involved f IAN I in the 2017-2018 CDBG Facade Grant program within Center City of Richmond, Indiana. The Client's goal is to accelerate the project for construction Summer 2018 to Summer 2019. Proposed Scope of Work • Create Schedule, Agenda, Meeting Notes, and lead Client meetings • Coordinate multiple Owners' Architects / Designers in the preparation of a single (1) set of bid documents and specifications, including Structural Engineering o Prepare National Parks Service Standard Specifications for the Project Bid Package • Lead a single (1) Bid Package public offering with the assistance of CiVs Grant Administration Consultant o Prepare a Bid Tabulations Sheet to accompany the Grant Administrator's Bid Advertisement o Lead a single (1) Pre -Bid meeting, issuing clarifications to the Bid Package through Archftect's Supplemental Instructions (ASI) 3202 NoM Meridian street o Review and comment on General Contractor Documents, Questions, and hdanapol s. Indiana es2oe Draft Contracts 317 s3s 32 I o Review potential cost / scope / time Alternates, as specified in the Bid Documents randbarchkedstorn o Make a Bid Recommendation to the Richmond Board of Works for their review • Lead the Construction Execution of the proposed Project, as representative of the Client o Prepare and Attend a single (1) Pre -Construction meeting, assisting the City's Grant Administrator In their roll o Preside over regular General Contractor Scope meetings on site, distributing meeting minutes for the Client's record o Coordinate questions from the GC for clarification / changes with the individual building Owners' Architects / Designers o Certify GC Payment Applications and make recommendation to the BOW Proposal for Professboal Dos%n SoMm Downtown Fagade Enhanomnenls, !WunOnd, Ind'lana RHK-002 112 EXHIBIT PAGE OF o In the event of changes to the base scope during construction, Issue Proposal for, Review Scope + Cost + Time for GC Change Orders, making a recommendation to the BOW o Preside over final completion Punch Lists, one (1) per building, verifying GC's Substantial Completion • Provide summary documents with photographs, diagrams, charts, background information, bibliography, and appendices — see Deliverables Professional Fees Architectural 1. DD Verification — initial payment $12,500 (lump sum) 2. Construction Documentation / Specification $32,000 (lump sum) . 3. Bid Package + Bidding $ 2.500 (lump sum) 4. Construction Administration $14.000 (lump sum) TOTAL $61,000 Hourly Rates Principal $160.00 Architect 1 $120.00 Project Manager $ 90.00 Production 1 $ 75.00 Administrative $ 60.00 Reimbursables Should the Architect be asked to incur any direct costs, please notify Rb Architects of request in writing. A cost of 15% will be added to any invoice for direct costs. a. Travel: Included b. Printing: Included c. City/State submission: Client pays direct fees d. Additional Engineering Consultants: none required at this time Initial Payment An initial payment of $6,000 is requested accompanying this signed proposal, and shall be credited to client's current work. I agree to the Fees and Cont mVenns herein: date /z • i 3 ffrent Mather, Principal Rb Architects, LLC EXHIBIT PAGE 0 date Jack Cruse, Director Infrastructure and Development City of Richmond Indiana ATTACHMENT: E-verify Affidavit Proposal for Professional Design Services Dmnfaxn Fa*e Enhance<rfs. Richmond, ind'nna RHf-002 212 EXHIBIT A PAGE 'I OF >s: Addendum A -Verify This Addendum: s hereby3nctitbrated;and made part of the Agreement to which it is attached. In the event of anq,."- n€lict betty ahe;,Agreement and this Amendment, the Amendment controls. Except as moditYed `herein, alI N dr!:terms and conditions of the Agreement between City of Richmond and R and B Architects ��;C,remain in full force and effect. A. R and B Architects LLC understands and accepts that City of Richmond, as a governmental entity under the laws of the State of Indiana, must abide by Indiana Code 22-5-1.7-11, which requires enrollment in E-Verify for any contractor or other entity entering a service contract with a governmental entity. As such, R and B Architects LLC warrants one of the following: R and B Architects LLC affirms, certifies and warrants that R and B Architects LLC is already enrolled in the E-Verify program and is in full compliance with any and all applicable requirements of the E-Verify program and Indiana Code 22-5-1.7-11; or; R and B Architects LLC agrees that we shall enroll in the E-Verify program and shall comply with any and all applicable requirements of the E-Verify program and Indiana Code 22-5-1.7-11. B. Rand B Architects LLC shall utilize E-Verify to verify the work eligibility status of any and all of R and B Architects LLC employees hired on or after the date this Agreement is executed. Addendum A P,-Verify This Addendii� is,t ereby ncdMbta�ed;end made part of the Agreement to which it is attached. In the event of airy conflicE between a --.agreement and this Amendment, the Amendment controls. Except as modifiedi herein, all Olher terms and conditions of the Agreement between City of Richmond and R and B Architects1?✓C,remain in full force and effect. A. R and B Architects LLC understands and accepts that City of Richmond, as a governmental entity under the laws of the State of Indiana, must abide by Indiana Code 22-5-1.7-11, which requires enrollment in E-Verify for any contractor or other entity entering a service contract with a governmental entity. As such, R and B Architects LLC warrants one of the following: R and B Architects LLC affirms, certifies and warrants that R and B Architects LLC is already enrolled in the E-Verify program and is in full compliance with any and all applicable requirements of the E-Verify program and Indiana Code 22-5-1.7-11; or; R and B Architects LLC agrees that we shall enroll in the E-Verify program and shall comply with any and all applicable requirements of the E-Verify program and Indiana Code 22-5-1.7-11. B. R and B Architects LLC shall utilize E-Verify to verify the work eligibility status of any and all of R and B Architects LLC employees hired on or after the date this Agreement is executed. C. R and B Architects LLC warrants that R and B Architects LLC does not knowingly employ an unauthorized alien. D. In the event any subcontractors are utilized on this project, R and B Architects LLC shall obtain written certification from any and all subcontractors certifying that said subcontractors are enrolled in the E-Verify program and do not knowingly employ any unauthorized aliens. R and B Architects LLC shall retain on file a copy of the subcontractor's certification and shall forward a copy of said written certification to City of Richmond for any and all subcontractors. E. In the event the E-Verify program is terminated, discontinued, or ceases to exist, then as of the date that E-Verify is discontinued, R and B Architects LLC shall no longer be required to verify the work eligibility status of all of its newly hired employees through E-Verify. This shall not be interpreted as releasing R and B Architects LLC from the legal obligation of verifying, in some other appropriate way, the work eligibility status of new employees hired after the discontinuance of the E-Verify program. F. R and B Architects LLC agrees to execute the affidavit provided by City of Richmond affirming the commitments made hereinabove by Rand B Architects LLC. Execution of this affidavit is required by Indiana Code 22-5-1.7-11. G. To the extent assignment of this Agreement is permitted, no assignment of this Agreement shall be valid unless the assignee provides the affidavit required by paragraph "E" of this section and agrees in writing to fully comply with all the requirements of this this section. Nothing contained in this paragraph shall be interpreted as creating a right to assign this Agreement. H. Violations: In the event R and B Architects LLC knowingly employs or contracts with an unauthorized alien, or retains an employee or contract with a person that R and B Architects LLC subsequently learns is an unauthorized alien, such action/s shall constitute a violation of this EXHIBIT, PAGE 3 OF Agreememtby R�n'�YArchitects LLC Per the requirements of IC 22-5-1.7-13, violations shall be addressedis -foll'ow 1 .fin MtR and Arc}iifects LLC-discovers that it is in violation of E-Verify guideline9 Rand' Architects LLC shall notify City of Richmond as soon as is seasonably possible.. . 2. In the event of a violation, City of Richmond shall provide R and B Architects LLC written notice of the violation. Rand B Architects LLC shall have thirty (30) days from the date of said notice to remedy said violation. 3. if R and B Architects LLC fails to remedy a violation of any portion of this Section within the thirty (30) day period provided under this Section, City of Richmond shall, without incurring any penalty, liability, or additional financial obligations to R and B Architects LLC, terminate the public contract for services with the contractor for breach of the public contract for services. 4. If City of Richmond is forced to terminate this Agreement under this Section, R and B Architects LLC is liable to City of Richmond for actual damages. 5. There is a rebuttable presumption that a contractor did not knowingly employ an unauthorized alien if the contractor verified the work eligibility status of the employee through the E-Verify program Except as modified herein, all other terms and conditions of the Agreement between City of Richmond and R and B Architects LLC remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date set forth below. City of Richmond By: EXHIBIT PAGE OF Name: Jack Cruse Title: Director, Infrastructure and Development Date: Name: Brent E Mather Title: Owner Date: /Z • /3-/-- EXHISIT J�— PAGE �OFLqj