HomeMy WebLinkAboutProfessional Services Agreement - Corbin Design - Wayfinding Signage Master Plan1
1316 COUNTY -CITY BUILDING,
227 W 11i"FITRSON BwLEVARD
S0111 I I BEND. INI)JANA46601-1830
CITY OF SOUTH BEND PE,rH B(if-r[Gir-,G, MAYOR
BOARD OF PUBLIC WORKS
October 9, 2018
Shelley Steele
Corbin Design
109 E. Front St., Suite 304
Traverse City, MI 49684
RE: Professional Services Agreement
Dear Ms. Steele:
P110M, 574/235-9251
FAX 574/ 235-9171
The Board of Public Works, at its meeting held on October 9, 2018, approved the above
referenced agreement regarding the Wayfinding Signage Master Plan in the amount of
$80,000.
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, FRITZBER6 ELIZABE, i'i i A. MARADIK JAWs A. MUELLER T1 IERESE J DORAU
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement For Professional Services (this "Agreement") is entered into on October
9, 2018 (the "Effective Date"), by and between the City of South Bend, acting by and through its
Board of Public Works (the "City"), and Corbin Design with office address at 109 E. Front Suite
304, Traverse City, MI 49684 (the "Provider") (each a "Party" and collectively the "Parties").
For and in consideration of the mutual covenants and promises contained herein, the Parties
agree as follows:
I. Services. The Provider will provide to the City the professional services (the
"Services") set forth in the Provider's proposal attached hereto as Exhibit (the "Proposal"),
which Proposal is incorporated herein. In the event of any conflict between the terms of this
Agreement and the terms of the Proposal, the terms of this Agreement will prevail. The Provider
will execute its obligations under this Agreement in accordance with the prevailing professional
standard of care for projects of similar design and complexity.
2. CopMensation. In exchange for the Provider's satisfactory performance of the
Services, and subject to the terms and conditions of this Agreement, the City will pay the Provider
the Program Fee stated in the Proposal (the "Contract Amount") in accordance with the project
budget stated in the Proposal. The City will pay the Contract Amount in installments upon
invoicing by the Provider as set forth in the Proposal (each a "Contract installment"). The City
will not be required to pay any Contract Installment if the City is not satisfied with the Provider's
performance under this Agreement or any default or breach of this Agreement by the Provider
exists, as the City may determine in its sole discretion. The sum of all Contract Installments will
not exceed the Contract Amount, and the Provider will not incur or seek reimbursement for any
expenses in excess of the Contract Amount.
3. Term' Termination. Unless earlier terminated in accordance with its terms, this
Agreement will commence on the Effective Date and end upon the Provider's satisfaction of all
its obligations hereunder and the City's final payment therefor. Notwithstanding the foregoing,
effective immediately upon delivery of a written termination notice to the Provider, the City may
terminate this Agreement, in whole or in part, for any reason, if the City determines that such
termination is in the best interest of the City. In addition, in accordance with Ind. Code 6-1.1-18,
payments are subject to appropriation by the City. If the City makes a written determination that
funds are not appropriated or are otherwise unavailable to support the continuation of this
Agreement, it shall be cancelled. A determination by the City that funds are not appropriated or
are otherwise unavailable to support the continuation of performance shall be final and conclusive.
The City will not be required to pay any Contract Installment or be otherwise liable for any cost
associated with the Provider's performance of any Services after the effective date of termination.
4. Remedies far Breach of Contract. Failure to complete the Services in accordance
with this Agreement will be considered a material breach. In the event of such breach, the City
may suspend all payments to the Provider and may pursue any and all remedies available at law
or in equity. The Provider shall repay to the City any portion of the Contract Amount expended
for matters not within the scope of the Services.
5. Point of Contact. The City employee identified in Section 9 below will serve as the
City's principal point of contact for purposes of this Agreement.
6. Relationship. The Provider shall at all times be an independent contractor for the
performance of the Services rather than an employee of the City, and no act or omission to act by
the Provider shall in any way bind or obligate the City. This Agreement is strictly for the benefit
of the Parties and not for any third party or person. This Agreement was negotiated by the Parties
at arm's length and each of the parties hereto has reviewed the Agreement after the opportunity to
consult with independent legal counsel. Neither party shall maintain that the language in the
Agreement shall be construed against any signatory hereto. The City and the Provider hereby
renounce the existence of any form of agency relationship, joint venture, or partnership between
the Provider and the City and agree that nothing contained herein or in any document executed in
connection herewith shall be construed as creating any such relationship between the City and the
Provider.
7. Indemnification of City. The Provider hereby agrees to defend, indemnify, and
hold harmless the City, its officials, employees, and agents from any and all claims of any nature
which arise from the performance by the Provider under this Agreement and from all costs and
attorney fees in connection therewith, .excepting for claims arising out of the negligence of the
City, its officials, directors, employees, and agents. The obligations of the Provider under this
section shall survive the termination of this Agreement.
8. Assignment. The Provider shall not assign or subcontract the whole or any part of
this Agreement or its obligations hereunder without the prior written consent of the City.
9. Notices. Any notice required or permitted to be delivered hereunder shall be
deemed to be delivered, whether or not actually received, when deposited in the United States
Postal Service, postage prepaid, registered or certified mail, return receipt requested, addressed to
the City or the Provider, as the case may be, at the address set forth below.
Provider: City:
Shelly Steele City of South Bend
109 E: Front'Suite 304 227 W. Jefferson Boulevard, Suite 1400 N.
Traverse City, MI 49684 South Bend, IN 46601
Attn: Cara Grabowski, Public Works
10. Equal Opportunity; Non-Discrimination,Compliance. The Provider shall comply
with all applicable laws and regulations in its hiring and employment practices and policies for
Any activity covered by this Agreement. The Provider shall comply with all state, federal, and
municipal laws, regulations, and standards applicable to its activities pursuant to this Agreement
including, but not limited to, the requirements imposed by Ind. Code 22-9-1-10 (non-
discrimination), the provisions of Ind. Code 5-22-16.5 (disqualification for dealings with the
government of Iran), and the provisions of Ind. Code 22-5-1.7 (requiring E-Verify for new
employees and prohibiting employment of unauthorized aliens). Each of the foregoing provisions
is incorporated herein as if set forth in full, and the Provider certifies that it is in compliance with
2
each such provision and shall remain in compliance through the term of this Agreement.
11, Contractor's Affidavit. The Provider agrees, as a condition precedent to the
effectiveness of this Agreement, that its authorized representative will execute and submit to the
City and any other appropriate bodies an affidavit in the form attached hereto as Exhibit B.
12. Drug -Free Workplace. The Provider hereby agrees to make a good faith effort to
provide and maintain a drug -free workplace. The Provider will give written notice to the City
within ten (10) days after receiving actual notice that the Provider or an employee of the Provider
within the State of Indiana has been convicted of a criminal drug violation occurring in the
workplace.
13. Entire Agreement, Amendment,• Applicable Law. This Agreement sets forth the
entire agreement and understanding between the parties as to the subject matter hereof, and merges
and supersedes all prior discussions, agreements, and understanding of any and every nature
between them. This Agreement may be amended only by separate writing, signed by authorized
representatives of both the Provider and the City. This Agreement will be construed and
interpreted according to the laws of the State of Indiana, and any dispute arising out of this
Agreement or otherwise concerning the Provider's rendering of the Services will be resolved in
the courts located in St. Joseph County, Indiana, unless the Parties mutually agree to a different
method of dispute resolution.
14, Severability. All provisions of this Agreement shall be considered as separate terms
and conditions, and in the event any one shall be held illegal, invalid or unenforceable, all the other
provisions hereof shall remain in full force and effect as if the illegal, invalid, or unenforceable
provision were not a part hereof, unless the provision held illegal, invalid or unenforceable is a
material provision of this Agreement, in which case the Provider and the City agree to amend this
Agreement with replacement provisions containing mutually acceptable terms and conditions.
15. Force Majeure. The Provider shall not be responsible for any failure or delay in the
performance of any obligation hereunder, if such failure or delay is due to a cause beyond the
Provider's reasonable control, including, but not limited to acts of God, flood, fire, volcano, war,
third -party suppliers, labor disputes or governmental acts.
[Signature page follows.]
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement for Professional
3
Services to be effective as of the Effective Date stated above.
signalure
Printed Name and TWA
c)
Street Address
P.O. Box
Cy
cite, Stare Zip #�jk k-
Telephone Fax
CITY OF SOUTH BEND, INDIANA
BOARD OF PU LIC O KS
ary Gilot, ""President
,Jame Her, Member
SE a. . ..... . . .....
Elizabeth Maradik, Member
Therese Dorau, Member
1, JA
�uzzianna'Fr"Tif`zbe'rg, Member
ATTEST:
'tiiida Martin, Clei
EXHIBIT A
Proposal
[See attached.]
24203599.2
c oi r 0"i n
PROPOSAL, FOR SERVICES
Submittal Date: Revised September 17, 2018
SU B M ITTE 0 BY:
Shelley Steele, President
Corbin Design
109 East Front Suite 304
Traverse City, MI 49684
Telephone 231 947'-1236
800 968-1236
Fax 231 947-1477
Email s,helley@corbindesign.com
Web www.corbindesign.com
Corbin Desigo-South Bend Wayfinding Plan Proposal 9,17.18
Page 1
Corbin Design is pleased to submit our proposal to develop a Wayfincling Signage Plan for the,
City of South Bend (the City), a 41.82 square mile area. The final deliverable from this project
will be a comprehensive Wayfinding Signage Plan that when implemented will help enhance the
City's overall economic development and tourism.
We understand the goals of the project are to: welcome and guide the traveling public from
major entrance points into the City as well as to and from key destinations, develop design
stanidards for wayfinding signage that is reflective of the City's identity; define and brand
downtown area districts with signage; and anticipate future development in each area, changes
in traffic patterns, new attractions/destinations and an increase in pedestrian and bike traffic.
The wayfinding programs we design cornpllement the environment and mesh with other design
disciplines such as urban planning, landscape architecture, streetscape design and brand
communications to create a strong first impression, boost visitor satisfaction and ultimately,
improve tourism business by encouraging longer stays, and return visits.
Task One: Analysis
- An initial visit to learn about your area, gather information about your visitors
and determine your wayfinding and signage needs;
- Assess the existing wayfinding signage and communication materials that
contain wayfinding information;
- Document district naming and boundaries, logic and circulation patterns;
- Develop a destination list; and
- Assemble a Wayfinding Recommendations Summary document.
Task One Details
To begin Task One, Analysis, we familiarize ourselves thoroughly with your area and what
draws people there: its history, culture, destinations and events.. We also discuss your Master
Plan, the Smart Streets initiative, Parks and Trails signage design and any planned
constructi:lon, identifying wayfinding issues and opportunities to be addressed. Corbin Design,
will assist the City with selecting the appropriate representatives to form a Stakeholder Group
and a smaller Core Team that will work with us throughout the project. During the kick-off trip
we will complete the following:
• A guided tour of the area
• Initial Core Team meeting
• Stakeholder Group meeting
• Onsite research and analysiis
• Initial findings and next steps meeting with the Core Team
During the initial meeting with the Core Team we will discuss the project scope and objectives,
wayfinding needs, budget, schedule, physical and architectural characteristics of the City and
Downtown, and the potential design aesthetics of the signage and other wayfinding elements.
Corbin Design -South Bend Wayfinding Plan Proposal 9.17.18
During this task we:
Page 2
• Learn how people move into, around and out of the City and Downtown area in order to
review vehicular, bicycle and pedestrian circulation patterns;
• Identify user groups, their specific needs and expectations regarding wayfinding,
particularly as they affect the disabled and senior citizens;
• Assess the existing wayfinding signage;
• Review visitor communications materials that contain wayfinding information;
• Recommend district naming and develop the preliminary wayfinding logic;
• Determine the destinations/attractions that should be included in the system;
• Review destination/attraction names and suggest alternative terms to clarify wayfinding;
• Develop the destination list;
• Develop a site plan showing district boundaries, circulation patterns, primary public
destinations, etc.;
• Learn about the use of existing identity elements such as logotypes, the City seal, etc.;
• Discuss the need for electronic kiosks, a mobile app or other technology tools;
• Review Americans with Disabilities Act (ADA) conformance issues;
• Learn about the required bidding process, maintenance, budget and phasing issues;
• Evaluate zoning code requirements for the signage; and
• Develop a detailed project schedule.
At the end of this task we will develop an initial draft of a Wayfinding Recommendations
Summary and conduct a web -based conference call to discuss the document. After the
conference call this document will be updated once before final approval.
Deliverables: A digital version of the Wayfinding Recommendations Summary
Onsite Meetings: One, two -person trip to complete the kick off trip
Timeline: Two months
Task Two: System Design
- We design two initial signage design concepts;
- Present and discuss the initial design concepts;
- Revise the selected design concept;
- Develop the full sign type array;
Present and discuss the full sign type array via a web -based conference call;
Revise the full sign type array; and
- Build a preliminary cost estimate.
Task Two Details
We begin Task Two, System Design by further analyzing your identity standards, parks signage
design, project goals and objectives and feedback from our initial meetings. We discuss
integrating design cues such as historical, architectural or topographical features, streetscape
elements, materials and themes as we develop an appropriate design aesthetic for the system.
We then prepare color elevation design drawings for two initial signage design concepts. Each
concept will show the form, scale, typography and color for three high-level wayfinding sign
types. Corbin Design will present two design concepts for the City's review and approval, and
Corbin Design -South Bend Wayfinding Plan Proposal 9.17.18
Page 3
will modify the selected design concept up to two times in order to obtain final approval of the
visual design direction.
Once the City has given final approval on the visual design of the system, we apply the design
to the remaining sign types and determine how certain sign types will be customized within the
Downtown for each district. We present these designs via a web -based conference call and
revise the individual sign type designs up to two more times in order to obtain final approval of
the visual design of the entire sign type array. The full sign type array generally includes the
following types of signs;
• Trailblazers leading to the area, Downtown and districts
• Gateway signage
• Boundary markers or welcoming landmarks
• Vehicular directional signs
• Bicycle directional signs
• Pedestrian directional signs
• Pedestrian map kiosks
• Parking identification signs (for public parking facilities)
At this point, we can develop a preliminary cost estimate for the fabrication and installation of
the system, based on approximate unit cost and estimated quantities.
If custom graphic design elements such as icons, logos, maps and/or directories are needed,
preparing the artwork for these elements is not included as part of our professional fees. If
needed, we will estimate the costs for these elements during the project.
Note that we are designing a system to meet the specific wayfinding needs of the City of South
Bend in Indiana. Aspects of the system as designed may not meet all applicable local planning
or zoning codes and may require variances from the local governing authority.
Deliverables: Digital versions of the final Sign Type Array and preliminary cost estimate
Onsite Meetings: One, two -person trip to complete the initial design presentation
Timeline: Two to three months
Task Three: Documentation
- We develop a detailed sign location plan and sign message schedule;
- Verify the sign locations and sign messaging onsite;
- Develop a demolition plan;
- Add detailed specifications to each sign type drawing;
- Refine the cost estimate;
Develop a phasing plan; and
- Prepare the Wayfinding Signage Plan.
Task Three Details
With the City's final approval of the wayfinding recommendations and designs, we begin
Task Three, Documentation. This task provides information necessary for the fabrication and
installation of the approved signage system and development of the Wayfinding Signage Plan.
Corbin Design -South Bend Wayfinding Plan Proposal 9,17.18
The resulting documentation consists of the following:
Page 4
• Sign Location Plan and Sign Message Schedule;
• A demolition plan identifying the existing wayfinding signs that should be removed,
replaced or consolidated; and
• Design Intent Drawings for each sign type including dimensions, letter heights, material
specifications, general mounting methods and color specifications.
The Sign Location Plan and Sign Message Schedule identify the high-level public wayfinding
signage we have designed for the proposed system, plot its location and define its content.
A Sign Location Plan is a site plan that graphically illustrates the preferred location of each
proposed sign from a wayfinding standpoint, with locations depicted as accurately as possible
given the plan's scale. A Sign Message Schedule defines what each sign will say, identifies the
sign type, and lists its location. It also notes whether any graphics are included on the sign,
such as directional arrows, icons or symbols.
We ask the City to review the Sign Location Plan and Sign Message Schedule closely for
accuracy. We will modify these documents up to two times before asking for final approval.
Using the final Sign Location Plan and Sign Message Schedule, we update the cost estimate and
develop a phasing plan for implementation of the signage elements.
Communicating to visitors and residents prior to their arrival is key to building an
understanding of the environment and creating a seamless visitor experience. As part of this
task, we also identify the wayfinding needs beyond signs that support the signage in the
environment, promote the program or expand its reach.
We then prepare the Wayfinding Signage Plan. This document will include:
• A brief review of the issues and objectives of the wayfinding system;
• Documentation of the approved wayfinding logic;
• A final cost estimate and phasing plan;
• The final destination list including terminology for primary and secondary destinations;
• Sign type drawings with specifications that are ready for bid; and
• The Sign Location Plan and Sign Message Schedule.
At the end of this task we will present the Wayfinding Signage Plan via a web -based conference
call and update the document once before final approval.
Deliverables. A digital version of the Wayfinding Signage Plan
Onsite Meetings. One, two -person trip to verify the sign locations and messaging
Timeline. Two to three months
Additional Services
Corbin Design is often asked to provide additional services in conjunction with a wayfinding and
signage program, to promote the program and/or expand its reach. If asked to provide any of
these services, we will submit a detailed cost estimate and obtain approval before performing
any work. These services include but are not limited to:
Designing or developing:
o Custom icons, logos, maps and directory artwork
o Donor recognition signs or sign elements
o Interior wayfinding signage for any parking decks/garages
o Presentation materials for use in education or promotion of the program
o Electronic, interactive or web -based wayfinding applications
Corbin Design -South Bend mayflomnsPlan Proposal 9.zz/e
o Sign by sign audit of existing o|gmage
o The Sign Location, Plan in GISfommat
m Mockup, temporary, prototype mrsample signs, including:
o Production, coordination wrnmawagernent
u Fabrication or installation
• Determining electrical or structural requirements for building -mounted sigoagm
* Construction documents with a seal from a licensed architect and/or engineer
• Zoning, DOT orPlanning approval, including:
o Attendance mtmeetings
m Management ofthe process
o Documentation beyond the, items listed as deliverables in this proposal
• Translating sign messaging into languages other than English
* Building the logic or providing consulting services, for soliciting funding, whether by
developing formulas nridentifying potential sources for implementation funds
• Management of bid, fabrication or installation process
° Acquiring photography orillustration, or providing photo direction for use in this project
Corbin Design asks to be compensated professional fees and estimated reimbursable expenses
for the project as follows:
Professional Travel General
Fees Expenses Expenses
$75,950 $3,550 $508
Project Total: $80,000
A breakdown: of the estimated professional fees by task is as follows:
Task One, Analysis $19'330
Task Tvvo>System Design $26`038
Task Three, Documentation $30,590
Fine Print
1) Professional Fees for services are billed monthly according to the progress of the work
together with, expenses incurred, and are payable within 30 days. No initial payment is,
required. Bai]wwces unpaid for 38 days after the date of invoice are subject tV n late charge of
11/9percemt per month. For any additional services that are requested, we first define a
scope ofservices sufficient to dmbermnhnm the amount ofprofessional fees required, receiving
approval from the City before any additional services are provided. If the project |snot
completed vv[thlm 12 months from the date of this contract, additional professional fees may
be required,
2) Travel Expenses will be billed at the actual cost of transportation and living expenses
incurred while performing services on the project. Estimated travel expenses for this project
include three, two -person trips to South Bend, Indiana. In order to maintain cost efficiency
and stay within estimated budget guidelines, we request that meeting dates be confirmed at
least two weeks in advance. If the project is not completed within 12 rnuntbo from the date
of this contract, or noemt]mg dates are not confirmed at least two weeks in advance,
additional travel expenses may berequired.
Corbin Design -South Bend wayfi*dim*Plan Proposal 9./Z/a Page
3) General Expenses will be billed at actual cost for expenses we incur on beha|f of the
project such as printing, communications and shipping,
4) Maximum Fees: These rnax|nmurn fees and expenses apply as long as the scope of the work
remains the same, previously approved materials are not revised' and the work schedule!
proceeds directly and efficiently withouta delay that exceeds six months, If it appears that
the rnaxirnurn fees and expenses could be exceeded for reasons beyond our control, we will
notify you, and agree either on new fee and expense limits ora new strategy for completing
the project within the existing fees, and expenses.
51 Reactivation Comopensntimn: If the project is suspended for longer than six months and is
subsequently reactivated, the City and' Corbin Design shall, prior to reactivation, agree upon
a |mnup sum orother basis of reimbursement to Corbin Design for any extra start-up costs
occasioned as a result of the work having been suspended.
6) Leadership Changes:: Should the City leadership change during the, course of Corbin
Design's work, or should now entities join the |eadenshil,p team, necessitating additional client
education, Corbin Design may elect to put its work on hold until e meeting is heUd to discuss
project progress to date and future direction, to assure smooth transition. Cwrbin Design's
time and expenses applicable to, such meeting, if any, shall be paid by the City as an
additional expense along with associated fees,
7) Insurance Coverage; Asa professional services firm located in Michigan, Corbin Design
maintains the following insurance coverage:
� Cnrnrnoncia| General Liability: $2,0010,000 Vmroccurnwnce/$4'OUO'000 aggregate;
^ AmtornobiUe Liability: $2,0010,008 combined single limit;
� Excess Liability: $1,080,000 per occmrremce/$1,DQQ,B018 aggregate;
* Workers Comp and Employer Liability: $1,000,0010 per occurrence; and
w Professional Liability: $1'000,000 permccurnemce/$2,0O0,80O aggregate.
If additional insurance coverage is required, the cost mfpurchasing the additional coverage,
if any, shall be paid by the City as an additional expense.
8\ Conditions and Responsibilities: The Sign Location Plan provided to the City by Corbin
Design is general in nature and not to scale, and reflects locations deemed desirable for the
effectiveness of the overall wayfind|mQ pUan. They do not include exact locations or provide
mounting, electrical or landscaping specifications. The investigation of actual exterior site
conditions such as underground utilities and other encumbrances is the responsibility of the
City and the sign contractor selected to instaK| the signs.
The design drawings prepared by Corbin Design show design intent, not construction or
engineering detail. The fabricator is responsible for fabrication, installation and overall
product quality. We expect the, more detailed development and engineering of the design -
intent drawings and installation detail to be shown |nthe fabricator's submitted shop
drawings.
This fee proposal shall remain in effect for 90 days. We reserve the right to re-evoUuate*ur
proposal [fnot acted upon during this period. Our quotation for professional fees is based on
the anticipated project schedule, and our past experience with projects of similar size and
complexity.
We look forward to discussing this exciting project further with you!
EXHIBIT B
Contractor's Affidavit
[See attached.]
24203589.2
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 10-2-18
Name Cara Grabowski
Purchasing ❑
Department
Division/Bureau
Public Works
Public Works
❑ Agreement Amendment
N Contract U Proposal LJ 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:
F1
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
Corbin Design
® Yes ❑ No ❑ If Yes, Approved by
Purchasing
❑ MBE ❑ WBE
❑ No ❑ Yes Name of Company
Wayfinding Signage Master Plan
Fund 217 (Gifts & Donations) — Account Number TBD & Complete
Streets Transportation
Fund 217 (Gifts & Donations) — Account Number TBD
Complete Streets Transportation - 404-001-460-42.03
$80,000
Current Percent of Change: %
New Amount $
Total Percent of Change: %
Dispersal After Approval
Copy
Original
❑
❑