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HomeMy WebLinkAboutProfessional Services Agreement - Crumlish and Crumlish Architects - Remodeling Design Services1316 COUNTY -CITY BUILMNG 227 W, JEFFERSON BouLEVARD SOUTH 131M). INDIANA 46601-1930 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS August 14, 2018 Brendan Crumlish Crumlish and Crumlish Architects, Inc. 3215-B Sugar Maple Court South Bend, IN 46628 RE: Professional Services Agreement Dear Mr. Crumlish: PHOM: 574/235-9251 Fj%x 5741235 9171 The Board of Public Works, at its meeting held on August 14, 2018, approved the agreement for remodeling design services for the Mayor's Office, and Administration and Finance, Code Enforcement, and Community Investment Departments in the amount of $25,500. 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 SUZANNA M. FRrr'ZBf.`RG EuZABFTH A. MARANK JAM A, WEILER TNIERESE J. DORAU BETWEEN OWNER AND ENGINE ARCHITECT FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of Tuesday August 14,20�19 ("Effective Date") between Board of Public Works, City of South Bend, Indiana ("Owner") and Crumlish & Crumlish Architects, Inc. '("Engilaee Architect"). Owner's Project, of which Engineer Architect's services under this Agreement are a part, is generally identified as follows: ,2018, Copnty,City Ouilding;I ernodel("Project"). Engineer- Architect's Services under this Agreement are generally identified as follows: Owner and Engineer Architect further agree as follows: 1,01 Basic Agreement and Period ofService A. Engine@r- Architect 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, gngin@e Architect shall furnish services in addition to those set forth above. Owner shall pay E-Rgineef Architect for its services as set forth in Paragraphs 7.01 and 7.02. B. Enginee Architect shall complete its services within a reasonable time, or within the following specific time period: December 2018 for design and bidding. C. If the Project includes construction -related professional services, then Engineer Architect's time for completion of services is conditioned on the time for Owner and its contractors to complete construction not exceeding '6 months. If the actual time to complete construction exceeds the number of months indicated, then Engineer Architect's period of service and its total compensation shall be appropriately adjusted. Page I EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Eughteers for EJCDC. All rights reserved. 2.01 Payment Procedures A. Invoices: Eagiaeei: Architect 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 -34 35 days of receipt. be invFeased at the rate of and expenses w4in 3 0 days a#er- receipt of 9ng4q@@r-'S invaiee, then th@ amounts du@ gfiginep*will In addition, gaginuor Architect may, after giving seven days written notice to Owner, suspend services under this Agreement until Engine@ Architect has been paid in full all amounts due for services, expenses, and other related charges. Owner waives any and all non -disputed claims against leer Architect for any such suspension. n.,.r.ti,eais W41jae 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 Eaginee Architect for its services is a substantial failure to perform and a basis for termination. b. By F�ngiaee Architect: 1) upon seven days written notice if Owner demands that giaginee Architect furnish or perform services contrary to Engiaee Architect's responsibilities as a licensed professional; or 2) upon seven days written notice if the Engineer- Architect's services for the Project are delayed for more than 90 days for reasons beyond Eagiaeer Architect's control. Engineer- Architect shall have no liability to Owner on account of a termination by Architect under Paragraph 3.01.A.1.b. 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 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. For convenience, by Owner effective upon gagineet Architect's receipt of written notice from Owner. Page 2 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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 gaginee Architect 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, Enginee Architect 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 gngiaeeir Architect are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Enginoop Architect (and to the extent permitted by Paragraph 4.01.13 the assigns of Owner and Engine@ Architect) 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 PRginee Architect 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 Pnginee Architect 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 Pagin@@f- Architect and not for the benefit of any other party. 5.01 General Considerations A. The standard of care for all professional engineering design and related services performed or furnished by Engine@ Architect 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. gagiae@r Architect makes no warranties, express or implied, under this Agreement or otherwise, in connection with gaginee Architect's services. Subject to the foregoing standard of care, gagineer- Architect 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. B. gogiaeo Architect shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall Engineer- Architect 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. Page 3 PJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. C. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located. D. Engineer- Architect 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 and such contractor. Paginee Architect is not responsible for variations between actual construction bids or costs and Engin@e Architect's opinions or estimates regarding construction costs. & Engineer- Architect 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 Engin Architect'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 Engine Architect. 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 G700, 2007 Edition) unless the parties agree otherwise. G. The Owner acknowledges the gagk4ee Architect's construction documents, including all electronic files, as instruments of professional services. 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 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 E'Rgine@ Architect, 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 Fftiaeer- Architect; (2) any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Fftii4ee Architect, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to F�,Mgiae@ Architect or to its officers, directors, members, partners, agents, employees, and consultants; (3) Owner shall indemnify and hold harmless Engin@e Architect 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 Enginee Architect; and (4) such limited license to Owner shall not create any rights in third parties. Nevertheless, the final construction documents, including all electronic files, prepared under this agreement shall become the property of the Owner upon completion of services and payment in full of all monies due to the Fftineep Architect. H. To the fullest extent permitted by law, Owner and Engineo Architect (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 Enginee Architect's total liability to Owner under this Agreement shall be limited to 50 00'0 or the total amount of compensation received by Engine@ Architect, whichever is greater. The parties acknowledge that VsRgine Architect'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, - Page d EJCDC E-500 Agreement Behveen Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. Compensation and Liability Act, 42 U.S.C. §§9601 et seq., or radioactive materials). If Engineef Architect or any other party encounters a Hazardous Environmental Condition, Architect 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. Owner and gngiaee Architect 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 Efiginee Architect 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- Architect as follows: 1. A Lump Sum amount of $25,500.00 B. The portion of the compensation amount billed monthly for Eaginee Architect's services will be based upon gaginee Architect's estimate of the percentage of the total services actually completed during the billing period. [or] • � a A � IN r [or] • Page 5 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCAC. All rights reserved. --- s if s sensultaats, any. > , [or] 2.01 Basis ofPayment—Direct Labor Costs Times Factor, Plus Reimbursables TAM 7.02 Additional Services: For additional services of Enginee Architect's employees engaged directly on the Project, Owner shall pay -gaginee Architect an amount equal to the cumulative hours charged to the Project by each class of Engineer. Architect's employees times standard hourly rates for each applicable billing class; plus reimbursable expenses and gagineff Architect's consultants' charges, if any. Architect's standard hourly rates are attached as Appendix 1. Attachments: Appendix 1, Paginee Architect's Standard Hourly Rates 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. 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 B y, A Title: Gary A. Gil(Yt, President By: K) 4111 // M "&' Title: By: -Suzahn. Vr1'(zW(`g,`Mcn4ber Title: Elizabeth A. Maradik, Member By: Title: Therese J. Dorau, Member Enginee Architect: Crumlish & Crumlish Architects, Inc. By: Title: Br4idan D Crumlish, PrehacrT'" BY: Title: James A. Mueller, Member Attest: Title: Yinda Martin, Clerk Date: Date: goginue Architect License OF FiFffi'S QN-tifiCP40 NO. State of. Indiana: AR00870155 Address for giving notices: Address for giving notices: 227 West Jefferson Boulevard 3215-B Sugar Maple CL South Bend, Indiana 46601 South Bend, IN 46628 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,b) Designated Representative (Paragraph 8.03.A): Brendan D. Crumlish Title: President Phone Number: 574-282-2998 Facsimile Number: 574-282-2993 E-Mail Address brendan@crumlishandcrumlish. com Page 7 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright (0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE This is Appendix 1, Enginee Architect's Standard Dourly Rates, referred to in and part of the Short Form of Agreement between Owner and Enginee Architect for Professional Services dated 7/31/201 8 Architect's Standard Hourly Rates A. Standard Hourly Rates: 1. Standard Hourly bates are set forth in this Appendix 1 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 Tate are: Professional Staff $ 125/hour Technical Staff $ 75/hour Administrative Staff $ 45/hour Appendices Page t PJCDC E-500 Agreement Between owner and Engineer for Professional services Copyright (D 2008 National Society of Professional Engineers for PJCDC. All rights reserved. This is Appendix 2, eo Architect's Proposal for Professional Services dated 7/31/2018. City of South Bend 32$5 SLIGAR mAPLE COU:RT, 6U]TE 15 6OUTH 5FN0, iNVAldiA 46(o28, PPONE 514-282 2131B& FAX514-2&2-2,554 A OQUARE DEAL.- SINr-E IUP& W W W. 0 R U tl L 16 W A N PC R U H LI 6 H, C 0 M July 31, 2018 Adam Parson, Project Manager 2018 County -City Bldg Remodels Via email to; aparsonsftsouthbend'In.gcv Adam� It is our pleasure to offer this proposal for design work for the remodeling's on the 12 1h, 13' and 14' floors of the County City Building for various City of South Bend Departments. We have read the Project Charter and we have become familiar with the general arrangement of the existing offices, We also understand the project budget Is $150,000 and the anticipated contractor award date is no later than December 2018, In addition to this proposal letter, please find attached a curriculum vitae for Brendan Crumfish, President of Crumilsh & Crumlish Architects, as well as brief history of the firm ands a list of past projects. After reviewing the criteria in the Project Charter we offer this basic fee proposal to perform necessary archi- tectural design services: Perform field verification of and develop As -Found CAD drawings of the three existing floors of the CCB. We wail provide PDFand DWG version of our files of the existing floors. No furnishings will be shown, only a scalable, shell diagram of essentially "walls/windows/doors". No concealed info nor M/E/P1 layouts, $4,000 Meet with, key personnel of each affected department to clarify intentions, and then develop schematic layouts of the proposed projects (either per floor or per department), for review an ac- ceptance. $4,5010 Develop bidding documents and specifications of accepted schematics, for the various projects (ei- ther per ficior or per department). However only limited MEP documentation due to limited MEP knowledge within CCB. $12,600 Prepare a pre -construction cost estimate of proposed work as eventually designed. $1,200 Appendices Page 2 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. (-,RU "IU SH AND Cf i.lil`dli..IDH ARCHITECTS, TS, IN('- A. 60tiARE DEAL" 5iNCE', 1965 Conduct one pre -bid meeting and assist with bidder questions, review bids received, and prepare bid -tabulation and recommendation for contract award. $800 Monitor contractor construction activities, prepare ,periodic site visits reports, review pay applica- tions and requests for modifications. $2,40B We expect some of the proposed modifications may affect life safety and exiting situations within each floor and it is more than likely an IN DHS State Plan Review will be necessary before local building permits can be issued. We believe this process can happen during the bidding phase of the work. Attention will be paid to ADA-compliance, wherever necessary, however ADA-compliance is not the primary focus of this project, Building also pre -dates in IN Energy Code and is not subject to DOE Comcheck energy certification for any of these renovations. No fees are included for developing a furniture, fixture or equipment inventory for the spaces. if that becomes necessary we can provide an additional quote. We will attempt to shown reasonable, generic furniture spacing for schematic planning purposes, and except for the kitchenette cabinetry, no FF&E will be specified as a part of this work. Additional services beyond those listed above will be charged at our office standard rates of $125/hr for Pro- fessional Staff (licensed/registered) and $75/hr for Technical Staff. Any reimbursable expenses for such Items as plan review fees, blueprint shipping, etc, will be charged at cost. With our current workload of design and construction documents for existing projects and clients, we can fore- cast our availability to start the field -measuring and design work on August C, 2018. As we complete mea- surements and documentation per floor, we will then schedule interviews with you and various departments and begin our schematic designs. We would need to have schematic designs completed and accepted no later than Monday September 17, in order to have construction documents ready for prospective Bidders by Friday, November 2, and a bidding period of November 5-27 (subject to coordination with BPW schedule). An award could then be made in December 2018, and work could commence sometime in early 2019 depending upon department schedules and logistics, We carry full insurance for professional liability, workers' compensation and, general business operations and we can provide an Insurance certificate for your records. If you have any questions, please don't hesitate to contact me. We are ready to serve the City of South Bendl Sincerely, 14 Brendan Crurnlish, NCARB, CCS, RA, RID, LFt'.D GA President, and IN Licensed Architect 870155 crumllsh and crumhsla archiitects, Inc. has been sending the South Bend construction cwnni"dty w li IAde tarred achirvoinenh sin , 1i96& vuvm.crewonliOisndcraumVish.c,orri Appendices Page 3 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. Date Name BPW Date BOAR.D OF PUBLIC WORKS AGENDA ITEM RE VIEW ItEQUEST FOR.M Tara Weigand August 14, 2018 Department Division/Bureau Public Works Engineering Phone Extension 599�8 Legal Z Attorney Name: Clara McDaniels 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 F] LJ Agreement Amendment LJ Contract H ProposalLJ Addendum Z Professional Services n Resolution n Bid Opening n Bid Award El Req. to Advertise El Title Sheet F-1 Quote Opening n Quote Award 0 Change Order No. F-1 C/0 & PCA No. F-1 PCA F-1 Ease/Encroach. ❑ Traffic Control: F-1 Other: Company or Vendor Name New Vendor MBE/WBE Contractor MBE/WBE Contractor Requested Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Amount of F-1 increase F-1 Decrease Previous Amount $ Current Percent of Change: New Amount Total Percent of Chancre: Crurnlish and Crumlish Architects, Inc. M Yes F1 No ❑ If Yes, Approved by Purchasing [I MBE F-1 WBE 0 No El Yes Name of Company 2018 County City Building Remodel 118-079 Mi 404-0617-431.36-01 $25,500,00 Lump Sum Design Services for remodels for Admin and Finance, F-1 Required Contractor's Certification Forms Attached (Noni- Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) 0 a Disr)ersal After Armroval Copy Kara Boyles, City Engineer Adam Parsons, Central Services Original ❑