HomeMy Public PortalAbout153-2019 - Fire Maze Design Inc - A new PE building behind Fire Station 3r v
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PROFESSIONAL CONSULTING SERVICES AGREEMENT
THIS AGREEMENT made "and entered into this day of 2019, and
referred to as - Contract No. 153-2019, by and between the City o Richmond, Indiana, a
municipal corporation acting by and through its Board of Public works and Safety (hereinafter
referred to as the "City") and Maze Design, Inc., 124 South $" Street, Richmond, Indiana.747374
(hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide professional services for the City in connection with
prepatation of design drawing specifications required by the State of Indiana for the addition of a
new P.E. metal building to be located at the Izzy Edelman Training Facility located at 1740
South Sf Street, to consist of approximately 11,600 square feet for the Fire Department of the
City of Richmond, Indiana (the "Project"). Contractor shall perform all services described on
Contractor's quote, dated January 3, 2019, marked as "Exhibit A," which Exhibit consists of two
(2) pages, and which Exhibit is attached hereto and made a part hereof. Contractor agrees to
abide by the same.
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. 153-2019
Page I of 6
SECTION III. COMPENSATION
City. shall pay Contractor a sum not to exceed Fifty --two Thousand Four Hundred Dollars and
Zero ($52,400.00) for the complete and satisfactory performance of all work described on
"Exhibit All.
SECTION Iv. TERM OF AGREEMENT
This Agreement shall be effective upon complete execution of this Agreement and shall continue
in effect until 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;
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b. submission of a report, other work product, or advice, whether oral or written, by the
Contractor to the City that Js 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
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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.
Coverage Limits
A. worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability $100,000
C. Comprehensive General Liability
Section 1. Bodily Injury $1,000,000 each occurrence
$2,000,000 aggregate
Section 2. Property Damage $1,000,000 each occurrence
D. Comprehensive Auto .Liability
Section 1. Bodily Injury $1,000.9000 each person
$1,000,000 each occurrence
Section 2. Property Damage $1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$2,0002000 each aggregate
F. Malpractice/Errors & Omissions Insurance $15000,000 each occurrence
$2,000,000 each 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.
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IN
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 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-
22-16.51 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:
1. 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
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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;
Z. 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.
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
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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.
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
B ?lea&` �
Vicki Robinson, President '
By:
'4'f,mily Pal er,' ember
By:
Matt Evans, Member
APPROVED:. �
I d M. Sn w . Ma r
Date:
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"CONTRACTOR"
MAZE DESIGrN; INC.
124 South S� Street,.
Richmond, IN 47374
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By:
David A. Inderstrodt, President
Date: 10~
re
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1IMaze
.
.�esi cyn file.
Date:1-03-2019
sRiL's.111wal. IN 4 ;'r,7.1
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Fire Chief.Ieny Purcell
1 Richmond Pare Department
101 South Sth Street
Richmond, IN 47374
Re: Des4 ign Services
Addition Fire Station #3
Now Fire Traft ing Facllity .
We are pleased to provide this fee proposal for your project,
•• fro eetSco a Fire Strrtiott #3;
Project will consist of a new addition approximately 567g' to the east side of ffte existing fire station.
Design will be sirnifar to the existing building.
• .Pro'ect,SrcQ a Fire 'ning aeiff
Project will consist ofa new P.E. ,metal building approximately 2 i,Goo s.f. .
P ESIGN SER VICM
Prepare Mate offndiana required design drawings and specifications for the above project •
Owner to utilize plans to obtain bids from owners selected contractors. Maze Design will attend
(l) pre -bid meeting and answering RFl during the bid process.
ZoningIBM Ap pealsfor Alre Station #3
o Prepare plans and preparation ofvan"ance application, attend meetings with govemment
officials including representation at public meetings.
• Selfematk Design Plirtse .
• meeting with owner representative, to review preliminary floor plans.
0 Prepare for review schematic design documents consisting of,-
• s o Review Site location plan for State Building code compliance
o Architectural .Floor plan
o Exterior elevations
,design Development phase
With ownces approval ofschematic plans we shall praceed into the development phase.
Prepare for review design development documents consisting of.-
o Architectural Floor plan
o Exterior elevations
o Building sections and details
• o Interior Architectural restxoom room elevations I lay -out
suilding & Inteaur QGsi-9n. rngificed y, cautructiul, h1aizagetnoiti
=�EXHIBIT -,A PACE I OF o"-
.1
1 ErtgilteedugDesrgn Plurse .
+ witb owner's approval of development plans we shall complete the Engineering phase,
scope of -work:
a) Foundations design•
b) Structuml framing design
c) Dimension door plan
d) Building Section and details
e) Room and Door Finish schedules
f) HVAC plans
g) Plumbing plans
11) Electrical plans
i) Life safety Plan
j) Subiuit plans to City ofRichmond for permits.
k) Com check Energy,report per State oflndiana Energy code Requirements.
1) Submit plans to the State of Indiana for a Constriction Design Release.
Construction Observation Pliase
a. we will visit the site as requested during construction.
SITE DESIGN:
Boundary survey and Topographic- Smey, establish vertical and horizontal location of all
improvenienfs, including buildings, drives, roadways, utilities. Preparation of Topographic Plat
with one (t) foot contours and locate and mernents:
Site Design for now addition
Construction Plans to Include:
Cover Sheet
+ Details & Specaffcation Sheet
+ Grading Plan —includes elevations for building, sidewalks, parking lo4, Storm Sewers,
+ Erosion Control PIan
Preparation of Drainage Report, Subinittals & Approvals from City of Riclunond Planning
Department, Engineering Department, Sanitary District, Storm Water Management, Board of
Works, Driveway Permits.
EVelrrsiatr
L No interior furniture design or color selections are included in this fixed fee. Colors to be
selected by owner.
2. No environmental assessment or study is included in our fee.
3. No sail testing or Geotechnical Engineering.
.FEE FOR ABn TIE S`E.RMRS.
zoltinglBzAA,#pears for .ire SY att #3: Fxed Fees boa.4D
Project Scove Fire,Sfafian #3; Fixed Fee $26,900, 00
Con sthiedon budget $400, 000
Project Scope INi re Training facility: Fixed Fee SSZ,400.00
Construction budget $850, 000
Sincerely,
MAZE DESIGN, INC.
0 " .
David A.1nde rods
President
EXHIBIT PAG�