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HomeMy WebLinkAboutPSA - Main and Colfax Parking Garage Entrance and Exit Adjustment - American Structurepoint1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS August 23, 2016 Mr. Richard Zielinski, P.E. American Structurepoint, Inc. 7260 Shadeland Station Indianapolis, IN 46256 PHONE 574/235-9251 FAX 574,235-9171 RE: Professional Services Agreement — Main and Colfax Parking Garage Entrance and Exit Adjustments Dear Mr. Zielinski: The Board of Public Works, at its meeting held on August 23, 2016, approved the above referenced agreement in the amount not to exceed $33,700.00. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure GARY A. GILOT DAVID P. RELOS ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU EJCDC= ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of the date of the latest required signature ("Effective Date") between Board of Public Works, City of South Bend Indiana ("Owner") and American Structurenoint, Inc. (Engineer"). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: Main and Colfax Parking Structure Study ("Project"). Engineer's Services under this Agreement are generally identified as follows: Please see Scone of Services attached. Owner and Engineer further agree as follows: 1.01 Basic Agreement and Period of Service A. Engineer shall provide, or cause to be provided, the services set forth in this Agreement. If authorized by Owner, or if required because of changes in the Project, Engineer shall furnish services in addition to those set forth above. Owner shall pay Engineer for its services as set forth in Paragraphs 7.01 and 7.02. B. Engineer shall complete its services within a reasonable time, or within the following specific time period: As mutually greed upon at the time notice to proceed is given C. If the Project includes construction -related professional services, then Engineer's time for completion of services is conditioned on the time for Owner and its contractors to complete construction not exceeding N/A months. If the actual time to complete construction exceeds the number of months indicated, then Engineer's period of service and its total compensation shall be appropriately adjusted. 201401351 Page 1 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright C 2008 National Society of Professional Engineers for EJCDC. A0 rights reserved. 2.01 Payment Procedures A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. Invoices are due and payable within M 35 days of receipafter reeeipt of Engineer's t J then the ameunts due Engineer Azill be increased at the Fate of ( peffnitted by law, if less) from said thiftieth day; In addition, Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until Engineer has been paid in full all amounts due for services, expenses, and other related charges. Owner waives any and all non -disputed claims against Engineer for any such suspension. Pa)qnents will be eredited first to interest and then te priffeipah 3.01 Termination A. The obligation to continue performance under this Agreement maybe terminated: 1. For cause, a. By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement's terns through no fault of the terminating party. Failure to pay Engineer for its services is a substantial failure to perform and a basis for termination. b. By Engineer: 1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional; or 2) upon seven days written notice if the Engineer's services for the Project are delayed for more than 90 days for reasons beyond Engineer's control. Engineer shall have no liability to Owner on account of a termination by Engineer under Paragraph 3.0LA. Lb. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.01.A. Lit if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such parry has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. For convenience, by Owner effective upon Engineer's receipt of written notice from Owner. B. The terminating party under Paragraph 3.01.A may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. 201401351 Page 2 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. C. In the event of any termination under Paragraph 3.01, Engineer will be entitled to invoice Owner and to receive full payment for all non -disputed services performed or furnished in accordance with this Agreement and all reimbursable expenses incurred through the effective date of termination. 4.01 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.0l.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 5.01 General Considerations A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer's services. Subject to the foregoing standard of care, Engineer and its consultants may use or rely upon design elements and information ordinarily or customarily Punished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. B. Engineer shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. C. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located. D. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in accordance with the contract between Owner 201401351 Page 3 EJCDC E300 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved and such contractor. Engineer is not responsible for variations between actual construction bids or costs and Engineer's opinions or estimates regarding construction costs. E. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any of their agents or employees or of any other persons (except Engineer's own employees) at the Project site or otherwise furnishing or performing any construction work; or for any decision made regarding the construction contract requirements, or any application, interpretation, or clarification of the construction contract other than those made by Engineer. F. The general conditions for any construction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents Committee (EJCDC C-700, 2007 Edition) unless the parties agree otherwise. G. All documents prepared or furnished by Engineer are instruments of service, and Engineer retains an ownership and property interest (including the copyright and the right of reuse) in such documents, whether or not the Project is completed. Owner shall have a limited license to use the documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment for all services relating to preparation of the documents and subject to the following limitations: (1) Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; (2) any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and consultants; (3) Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not create any rights in third parties. H. To the fullest extent permitted by law, Owner and Engineer (1) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project, and (2) agree that Engineer's total liability to Owner under this Agreement shall be limited to $50,000 or the total amount of compensation received by Engineer, whichever is greater. I. The parties acknowledge that Engineer's scope of services does not include any services related to a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous substances or waste as defined by the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq., or radioactive materials). If Engineer or any other party encounters a Hazardous Environmental Condition, Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until Owner: (1) retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. 201401351 Page 4 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law. 6.01 Total Agreement A. This Agreement (including any expressly incorporated attachments), constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. 7.01 Basis of Payment —Lump Sum A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1. A Lump Sum amount not to exceed $33,700. B. The portion of the compensation amount billed monthly for Engineer's services will be based upon Engineer's estimate of the percentage of the total services actually completed during the billing period. 7.02 Additional Services: For additional services of Engineer's employees engaged directly on the Project, Owner shall pay Engineer an amount equal to the cumulative hours charged to the Project by each class of Engineer's employees times standard hourly rates for each applicable billing class; plus reimbursable expenses and Engineer's consultants' charges, if any. Engineer's standard hourly rates are attached as Appendix 1. Attachments: Engineer's Scope of Services 201401351 Page 5 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner: City of South Bend, Indiana Board of Public Works By: `E - J "1-44-' v Title: Gary A. Gilot, President By: c Title: na'dtelos, emBy: Title: EFzabeth A. M�ara/]dik, Member mb Title: Therese J. Doraf, MeiAber EPA Title: James Mueller, Member Attest: t'"C" Title: Qi Martin, Clerk Date: Vb,3/ -�uf, Address forgiving notices: 227 West Jefferson Boulevard South Bend, Indiana 46601 Designated Representative (Paragraph 8.03.A) Patrick Corbitt Kerr, Ph.D., P.E. Title: City Engineer Phone Number: (574) 235-5931 Facsimile Number: (574) 235-9171 E-Mail Address: pckerrCsouthbendin eov Engineer: American Structurepoint, Inc. By: Tic: Rich 1 linski, Project Development Director Date: Engineer License or Firm's Certificate No. State of. Address for giving notices: 7260 Shadeland Station Indianapolis, Indiana 46256 Designated Representative (Paragraph 8.03.A): Daniel L. Weinheimer Title: Senior Architectural Manager Phone Number: (317) 547-5580 Facsimile Number: (317) 543-0270 E-Mail Address: rzielinski@structurepoint.com 201401351 Page 6 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC All rights reserved PURPOSE OF WORK The conversion of the downtown streets from one-way to two-way traffic will cause revised traffic patterns entering and exiting the parking structure at Main Street and Colfax Avenue. The circulation inside the parking structure requires adjustment along with adjustments to the entering and exiting bays of the parking structure. SCOPE OF SERVICES I. Architectural Services A. Phase 1 Options Phase B. Record Drawings 1. Kick off meeting with City and key stakeholders for the purpose of establishing critical success factors, project evaluation criteria, project goals and objectives 2. Review existing plans for the purpose of creating record drawings 3. Visit the site for the purpose of documenting the parking orientation and vehicular and pedestrian circulation into and out of the parking structure as well as throughout the parking structure 4. Prepare floor record plans to document vehicular circulation as it currently exists to be used as base drawings during the design options and bid documents phases C. Options Planning 1. Prepare floor layout options in order to determine the optimal layout for the efficient and safe circulation around the parking structure a) Option 1 — The minimum changes required to adjust the traffic circulation near the entering and exiting bays of the parking structure b) Option 2 — More extensive changes, including Option 1 and additional changes throughout the parking structure to further enhance circulation and parking 2. Present the option to the City and key stakeholders for the purpose of selecting one option for further development 3. Refine the selected option 4. Develop an estimate of probable cost 5. After approval, prepare a proposal to develop bid documents D. Phase 2 Bid Documents Phase E. Plans and Specification 1. The preparation of construction documents proposal will be based on two options. The first would reflect a minimal amount of changes being required to correct circulation in the garage. The second option would be based on a more extensive effort requiring changes with a greater amount of the garage being affected by the required changes. Both options will require the same scope as described below, though to lesser or greater degrees of effort. a) Prepare floor plans and specification for the purpose of open bidding of the project b) Submit bid documents to the Client for review c) Meet with the Client to review their comments d) Incorporate comments into the bid documents e) Submit to the State of Indiana DHS for Design Release should physical alterations be required to the concrete slab (Cost for plan review not included in the fee below) F. Bidding and Construction 1. Attend one pre -bid meeting 2. Respond to RFI 3. Produce Addenda as required 4. Attend one pre -construction meeting 5. Make up to two site visits to review that work is in accordance to design intent 6. Make one site visit for final punch list SCHEDULE The following is a proposed schedule based upon our understanding of the engineering work required. Notice to Proceed Record Drawings 1 week from signed contract Owner Approval 1 week Options Development 3 weeks Owner Approval 1 week Plans and Specification (based upon which option is selected) 3-5 weeks Owner Approval Bidding 1 week 4 weeks The following lump -sum fees are based on the scope and schedule outlined above. Fee for both projects concurrently Architectural Record Drawings..................................................................... $5,300.00 Options Development....................................................................................$7,200.00 Plans and Specifications (lesser effort)... OR .. $9,200.00 Plans and Specifications (greater effort) .....................................................$17,200.00 Bidding and Construction............................................................................. $4,000.00 Reimbursable Expenses (Included in the fees above, except for DHS plan review fees or printing costs for bidding) TOTAL NOT -TO -EXCEED ...................................................... $33,700.00 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date August 16, 2016 Name Roger Nawrot / Corbitt Kerr Department Engineering BPW Date August 23, 2016 Phone Extension 5932/5931 Required Prior to Submittal to Board Legal ® Attorney Name Michael Schmidt Controller ® Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing Check the Appropriate Item Type — Required for Ai/ Submissions ❑ Agreement ❑ Contract ❑ Proposal ❑ Addendum ® Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control ❑ Other: Required Information Company or Vendor Name American Structurepoint, Inc. New Vendor ❑ Yes ® No LJ If Yes, Approved by Purchasing MBE/WBE Contractor ❑ MBE ❑ WBE MBE/WBE Contractor Requested ❑ No ❑ Yes Name of Company Project Name Main and Colfax Parking Garage Entrance and Exit Adjustment Project Number 115-019 Funding Source TIF Bond Account No. Amount $33,700.00 Terms of Contract Not to Exceed Purpose/Description Design for the entrance and exit traffic pattern switch do to the changing of Main Street to two-way traffic. X Required Contractor's Certification Form Attached (Non -Collusion, Non -Discrimination Non -Debarment E-Verify, Iran etc.) Required For Change Orders Only Amount of ❑ Increase $ ❑ Decrease $ Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Change: % Dispersal After Approval Copy Original ❑ ❑ Roger Nawrot ❑ ❑ Jitin Kain ❑ ❑