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HomeMy WebLinkAboutProfessional Services Agreement - Christopher B Burke Engineering LLC - Mish Ave Traffic Signal Study1316 Coum Y-Crry BOILDING 227 W. JEFFE.RSON BOULEVARD S(Iti'm BENI). INDIANA 46601-1830 CITY OF Soumt BEND PETE BUT'rjGIEG, MAYOR BOARD OF PUBLIC WORKS December 12,2017 Jon Stolz Christopher B. Burke Engineering, LLC 220 West Colfax Avenue, Suite 500 South Bend, IN 46601 RE: Professional Services Agreement Dear Mr. Stolz: hiom-,' 574/235-9251 FAX 574/ 235-9171 The Board of Public Works, at its meeting held on December 12, 2017, approved the above referenced agreement regarding Mishawaka Avenue traffic signals study and design, for proposed Fire Station No. 9 in the amount not to exceed $5 8, 100. 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 c: Roger Nawrot, Engineering GARY A. Gii,o'r SUZANNA M. FRITZBER(j ELIZABETi-i A. MARADIK Mmi",'s A. MOELLER TI II-UsL� J . DORALI 11014 111 M I I 10 1164 06143 kyj I LVA MIN 0 1 i NQ AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of ("Effective Date") between Board of Public Works, City of South Bend, Indiana ("Owner") and Christopher B. Burke Engineering, LLC (CBBEL) ("Engineer") Owner's Project, of which Engineer's set -vices under this Agreement are a part, is generally identified as follows: Mishawaka Avenue Traffic Signals at proposed Fire Station #9 (Phase 1) ("Project"). Engineer's Services under this Agreement are generally identified as follows: SEE ATTACHED ENGINEER'S SCOPE OF SERVICES — ATTACHMENT A 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 set -vices 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. 13, Engineer shall complete its services within a reasonable time, or within the following specific time period: 1. December 18, 2017 — Anticipated Notice to Proceed 2. January 8, 2018 — Complete Field Visit and ADA Assessment 3. January 31, 2018 — Complete Crash and Capacity Analysis 4. February 16, 2018 — Complete Proposed Alternatives and Engineer's Opinions of Cost 5. March 2, 2018 — Complete Technical Memorandum and Exhibits 6, Mid -March 2018 — Alternative Selection by Owner (City) page I EJCDC E-500 Agreement Behveen Owner and Engineer for Professional Services Copyright OC 2008 National Society of Professional Engineers foi- MCDC. All rights reserved. 7. March 2018 - Topographic Survey by Owner (City) 8, Complete Preliminary Design One (1) Month after both selection of alternative is made and survey is received. W W W Y 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 30 35 days of receipt. if Ovmer fails to make any payment dtte Engineef faf serviees a*d eqpenses wi"a 30-days after Feeeipt of Engineer-'s invoiee, then the afneunts due Engineer- A41l be inereased eA the fate o per month (or the te of in4et�est pefmi44@d by law, if less) fiffffim said- ah_irtie4h 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. n.,<,,,. ents will be eiv&ed fifst to s er-est and the pfineipal. 3.01 Termination A. The obligation to continue performance under this Agreement may be terminated: 1. For cause, a. By either parry upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement's terms 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 3.01.A.Lb. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.01.A. La 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 Page 2 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright O 2008 National Society of Professional Engineers for EJCDC. All rights reserved. notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party 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. 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 4.013 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 furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. Page 3 EJCDC E-500 Agreement Behveen Owner and Engineer for Professional services Copyright D 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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 firnish and perform its work in accordance with the contract between Owner 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 Page a EJCDC E-500 Agreement Between owner and Engineer for Professional 5erviees Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. under this Agreement shall be limited to 80=00f) or the total amount of compensation received by Engineer, whichever is greater. 1. 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 ct 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. J. 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 Iaw. 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 Hourly Rates Plus Reimbursable Expenses A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 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 for all services performed on the Project, plus reimbursable expenses and Engineer's consultants' charges, if any. 2. Engineer's Standard Hourly Rates are attached as Appendix 1. 3. The total compensation for services and reimbursable expenses is estimated to be $58,100. 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: Appendix 1, Engineer's Standard Hourly Rates 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. ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE This is Appendix 1, Engineer's Standard Hourly Rates, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional 'Services dated Engineer's Standard Hourly dates A. Stcrndar d Hourly Rates: 1. Standard Hourly Rates are set forth in this Appendix l and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, ;general and administrative overhead, non -project operating costs, and operating margin or profit. 2. The Standard Hourly Rates apply only as specified in Paragraphs 7.01 and 7.02, and are subject to annual review and adjustment. B. Schedule of Hourly Rates: Hourly rates for services performed on or after the Effective Date are: Personnel Hr EngineerVI......................................................................................................................................216 EngineerV.. ..... ...... ............ ................ .......... ............................................ ................................... ....190 EngineerIV ......... ............... ..................... ................... ............. ...................... .,..... ,..... ....... 168 EngineerIII.......................................................................................... ......... ...........................139 EngineerI%II.................................... ........................................................................................111 ResourcePlanner V.........................................................................................................................151 ResourcePlanner IV........................................................................................................................13'9 ResourcePlanner Ill— ... ...... -- --- -- ...... ........ ........ ............ -- ...... --.125 Resource Planner 1/II .......................................... ......... ...................... ....--- ......... ....... 105 Engin€:eringTechnician IV ................. .............. ............. ...,......,.................................... .................145 EngineeringTechnician III............................................................................................................130 Engineering Technician I%II.........................................................................................................105 CADII..............................................................................................................................................121 CADI................................................................................................................................................107 GISSpecialist III.......................................................................................................... ......... .......... 130 GISSpecialist I/II.................................................................................................................................95 Environmental Resource Specialist V.. ..... ........ Environmental Resource Specialist IV........................................................................................139 Appendix r, Standard Hourly Rates Schedule CdCDC: E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyri,glnt 02009 National Society of Professional Engineers for EX10C;. All rights reserved. Page t Environmental Resource Specialist III........................................................................................125 Environmental Resource Specialist I/II......................................................................................105 Environmental Resource Technician.............................................................................................99 Administrative.................................................................................................................................... 69 EngineeringIntern............................................................................................................................60 Information Technician I/II...........................................................................................................69 Direct Costs Outside Copies, Blueprints, Messenger, Delivery Services, Mileage ...................... Cost + 12% Appendix 1, Standard Hourly Rates Schedule EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 IN WITNESS "WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated can page 1. Owner: City of South Bend, Indiana Board of Public Works By: "� .t✓ Title: Gary A. Gilot, President By: Title: Suzanna .l-0ritzber Member By: t��i iA k Title: ttza eth A. Maradik, Member By: fL Title: 'Therese J. Dorau, leri�ber Title: James A. Mueller, Member Attest: "Title. -Lira` a Martin, Clerk Date: % �� ,.-` 0 Engineer: Christopher B. Burke Engineering, LLC By:r Title: µStolz, Managing 'Vic -President Date: Engineer License or Firm's Certificate No. I � oo(A 9 State of. Indiana. Address for giving notices: Address for giving notices: 227 West Jefferson Boulevard 220 West Colfax Avenue, Suite 500 South Bend, Indiana 46601 South Bend, IN 46601 Designated Representative (Paragraph 8.03.A): Kara M. Boyles, Ph.D., P.E. Title: City Engineer Phone Number: (574) 235-5933 Facsimile Number: (574) 235-9171 E-Mail Address: k o j ��ct� r�xathb�ndi�� gi Designated Representative (Paragraph 8.03.A): Jason J. Durr, P.E. Title: Office Mana er 1 Senior Civil Engineer Phone Number: (574)282-8001 Facsimile Number: (574)282-8003 I -Mail Address: iliri i�rcktlr l irrort7 Page 6 EJC:DC; C-500 Agreement Dehwemm Owner and 'Engineer for Professional services Copyright d 2008 National society of Professional Engineers for EJC[)C. All rights reserved, SCOPE OF SERVICES ATTACHMENT A: SCOPE OF SERVICES The City of South Bend will be constructing a new Fire Station on Mishawaka Avenue at the intersection of 215t Street. The construction is planned to start in March of 2018 with completion anticipated for late 2018. With the new location for the Fire Station, the City has identified three adjacent signalized intersections that need improvements and would like to have the construction completed by August of 2018. The three traffic signal installations within the project study area are: Mishawaka Avenue Pedestrian Signal, Mishawaka Avenue at 20th Street, and Mishawaka Avenue at Ironwood Drive. The City has asked CBBEL to investigate modifying the Mishawaka Avenue at 20th Street and Mishawaka Avenue at Ironwood Drive intersections to allow for emergency vehicle preemption (EVP). The Mishawaka Avenue at Ironwood Drive intersection has also been identified as a high crash location and, in addition to the EVP modifications, the City is seeking solutions to improve the safety at this intersection. The last traffic signal installation included in the project study area is an existing pedestrian traffic signal installation near John Adams High School. The City is seeking to convert the existing traffic signal installation to a Pedestrian Hybrid Beacon system. All three traffic signal installations are also part of an existing closed loop interconnect system. The work will consist of analyzing three alternatives for minor roadway and traffic signal improvements along the Mishawaka Avenue corridor from the John Adams HS pedestrian signal to the Ironwood Drive intersection. The analysis will consist of three alternatives: a low-cost upgrade for the intersections, a more comprehensive intersection upgrade, and a long-term solution for the intersections in the corridor. As part of this work, CBBEL will provide cost estimates associated with each alternative. The alternative chosen to be moved forward by the City will also be brought to the Preliminary Design level and coordinated with the City. CBBEL will also review the project study area for compliance with current ADA standards and develop an exhibit identifying locations that are in need of upgrades along with the estimated cost for the work. The City has also requested a cost comparison between installing EVP via hard wire connection to the adjacent intersections as compared to an optical EVP system. As part of the EVP cost comparison, CBBEL will also provide the costs for including the intersection of Mishawaka Avenue at Twyckenham Drive. @3 City of South Bend Traffic Signal Improvements SCOPE OF SERVICES This work has been organized into six tasks: Task 1 — Data Collection: This task will include reviewing the crash history at both intersections of Mishawaka Avenue at 20th Street and Mishawaka Avenue at Ironwood Drive, the existing traffic volumes, the existing traffic signal plans, the proposed site plan for the fire station, the existing traffic signal databases, and other related data from the City of South Bend for the project area. This data will be supplemented by a field reconnaissance of the corridor to verify existing conditions, collect the existing traffic signal databases, and to inventory the existing traffic signal equipment. Task 2 — Existing Condition Analysis: CBBEL will perform a crash analyses for the intersections of Mishawaka Avenue at 20th Street and Mishawaka Avenue at Ironwood Drive to develop appropriate safety countermeasures that will address the needs of the intersections. In addition, CBBEL will use the existing lane geometry and traffic signal timings to conduct capacity analyses for the intersections of Mishawaka Avenue at 20th Street and Mishawaka Avenue at Ironwood Drive. The capacity analyses will assist in determining the existing vehicle delay and the feasibility of implementing alternate left turn phasing. Task 3 — Proposed Alternatives Analyses: This task will include developing three proposed alternatives for the study area to address the City's identified needs. CBBEL will develop the alternatives to cover three cost ranges: (1) low-cost intersection upgrade project, (2) more comprehensive intersection upgrade project, and (3) long-term corridor solution. Task 4 — ADA Transition Planning: CBBEL will review the project study corridor for compliance with current ADA standards and develop an exhibit depicting non -compliant pedestrian facilities. CBBEL will also develop a cost estimate for the work to bring the project study area up to current ADA standards. Task 5 — Technical Memorandum with Cost Matrix: This task will include developing a technical memorandum summarizing the existing conditions, proposed alternatives, and ADA compliance assessment. The memorandum will also include the estimated costs for each of the alternatives as well as the cost comparison for a hard -wire EVP system versus an optical EVP system. _. Task S — Preliminary Design Engineering: Once the City has reviewed the technical memorandum and selected an alternative to be moved forward, CBBEL will develop a M3 City of South Bend Traffic Signal Improvements SCOPE OF SERVICES preliminary set of design plans with preliminary quantities and opinion of cost. These plans will be developed in conjunction with City coordination. The City will be providing any topographic survey required to complete this task. Task — Coordination wi th the City: CBBEL will meet with representatives from the City _,,,,..,.. and other stakeholders to review and discuss the technical memorandum findings and the City's review comments. In addition, CBBEL will also meet with the City to develop and coordinate the preliminary design plans. Three meetings have been included in this task. City of South Bend Traffic Signal Improvements Q 'PFP1"' M4 a Wt 4A i VR W!. e^i Y i w a aa�,�c��c�p,f�cpp) c¢¢ ' i 3,1.R){tJ]iI164UlIl�' Rc�- � � P.'y "� O �• � a r-i ri � l"""' � iI11N3J91N�11� m � � ," V 4 �ry I 1 � '13#RfJfi�l� 1iAWgi ; R,ry s!F! ldS `� �aAriil � A A.FIIPI odS 23]i1Ali Ytl An 7i F �� �,.�P _N Uil i*Y M 'K� F" f r 9I� I I� L✓1 9 ... t iri wa r- Sao c. n Kv 7 ',—i^ q p f u 48 1'L'�mzl " o rA rn r ri �) + w i y I i u i r i r r r i r � �ry^� i "5"1H Al ll3CAC1L'IY( f , , YIt Em Mn Wa � ti+f 4/t Ut dnGi AJaaNli it u 1A avamFAr'' fl r O u. f ' F^ � a C 4 6 q s �qa M r7 fa FG gg q� PQ [t. w v ti a 3SVI-ld BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date December 4, 2017 Name Roger Nawrot Department Division/Bureau Public Works Engineering BPW Date December 12, 2017 Phone Extension 5932 U Agreement Amendment U Contract LJ Proposal U Addendum ® Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ CIO & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control: n Other: Company or Vendor Name Christopher B. Burke Engineering, LLC EI—Yes ® No ❑ If Yes, Approved by New Vendor Purchasing MBEIWBE Contractor MBE ❑ WBE MBEIWBE Contractor Requested ® No ❑ Yes Name of Company Project Name Mishawaka Avenue Traffic Signals at proposed Fire Station #9 Project Number 117-120 Funding Source LRSA-Traffic Signal Account No. 251-0608-431.36-67 Amount $58,058.00 Terms of Contract Not to Exceed Purpose/Description Prepare a study of Mishawaka Avenue intersections with Ironwood Drive and 20th Street for the future Fire Station #9 and then start preliminary design for the traffic signal improvements. ❑ Required Contractor's Certification Forms 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 ❑ ❑ ❑ ❑ ❑ ❑