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HomeMy WebLinkAboutProfessional Services Agreement - The Troyer Group - Update Century Center Exterior Landscape1316 COUN-tY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOI ITH BEND- INDIAIJ 144601 --L-93( CITY • SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS November 13, 2018 John Leszczynski The Troyer Group 550 Union Street Mishawaka, IN 46544 RE: Professional Services Agreement Dear Mr. Leszczynski: PHONE 574/235-9251 FAX 574/ 235-9171 The Board of Public Works, at its meeting held on November 13, 2018, approved the above referenced agreement to update the Century Center exterior landscape in the amount not to exceed $14,700. 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. FRITZBERG ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DoRAu EJ'CDC=:Ei0��� «N ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of November 06,201 ("Effective Date") between Board of Public Works, ks City of Sogth Bend, Indiana ("Owner") and `I'ro er Group ("Engineer"). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: centul2v Center Exterior Landscaping ("Project") Engineer's Services under this Agreement are generally identified as follows: Landscape Construction Design and Bidding Services — Further described in attached "Exhibit 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 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 Pour Months 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 three (3) 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. Page 1 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All 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 38 35 days of receip . 1l ;mwr- i is t �-xpenses­wathin- eta' tli'.w invoiee, theff4h iounts duerel,e.lineea&' `" ef:mon1or te-tipx"-i i lna-rate o. 4 M-ren.aittell L'ale -fr i l k i 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. lA,-1lt �t1te+p 3.01 Termination A. The obligation to continue performance under this Agreement may be 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 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 3.0I I.A. Lb. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.0I.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. 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. 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 4.01.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 furnished 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 Page 3 EJCDC E-500 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. The Owner acknowledges the Engineer'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 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. 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 Engineer. 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 00 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. 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 (Design Services) A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1. A Lump Sum amount of $ I 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. [and] 7.01 Basis of Payment —Hourly Rates Plus Reimbursable Expenses (Bidding and Construction Administration) A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1. 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 $2,500. [or] 6 1.....t -LW mm- Tav1 igned- fied. O I i r 1t 1+ s I ,p rYt, ; i n ttity 1 til"tt,- til n 2:AS �rw�atlira��nt+ll-k�b1 star lW lowing detem+ituat+ola 11 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. -Cry - --des*ne� � t d 1in 4, eompl j 1 t t&eel l laa:lFeeelldwlelk ld llwtiuk poles ltil-sl: ". .Of W014k design d--()P-sect- d I A- isot-eeiis =ueted-T-- on—wWW -)bE ,,,,,.pr la �,r tines 4++-1 , 4 is l W-U1=E1' "Ithe 1�1 I1 l�-f�gil�`�-st���rl�' f✓'I�G4T�t ' tl���-t�ul�li����lt�al�ly-1��pIILL"dtl��ing-�1� F 1 t .11=e A4-h4 "--uFa 1 2;01, ("PA aer S11 Il 1r 11 1 d t lT -Hall l 1 1 mhrar 111 se le, be 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 6 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional En;ineers 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: Engineer: City of South Bend, Indiana Troyer Group Board of Public Works A 550 Union Street - Mishawaka, IN 46544 y y. B �� B Title: Gary A. Gil' i, President Title: 'hitt Leszczynskt, President M. Title: Stizanna hritzbiber By: Title: Elizabeth A. Maradik, Member By _® v �erese4at�,MmberTitle: By: ........................._.................... . Title: James A. Mueller, Member Title:(_E/ir Attest: t °, �g�d ..W. da Martin, Clerk Date: Address for giving notices: 227 West Jefferson Boulevard South Bend, Indiana 46601 Designated Representative (Paragraph 8.03.A) Date: 11.09.18 Engineer License or Firm's Certificate No. LA21400022 State of: Indiana .._,._....,.,.___.. Address for giving notices: 550 Union Street Mishawaka, IN 46544 Designated Representative (Paragraph 8.03.A): Kara M. Boyles, Ph.D., P.E. Jonathon Geels, PLA, ASLA Title: City Engineer Phone Number: Facsimile Number: E-Mail Address: 235-5933 (574) 235-9171 Title: Landscape Architect and Project Manager Phone Number: 574.259.9976 Facsimile Number: klsa;a icy c��ss,lBlbe it�l,ita. rl E-Mail Address: s (c�troyer ou .com Page 7 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copy 'ght © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. ri ....�. ........ ._.... d. _ 1 0100 MIA 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 Novefnbei� 01, 2018. Engineer's Standard Hourly Rates A. Standard Hourly Rates.- 1. Standard Hourly Rates are set forth in this Appendix I 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: President $ 2 5_.0(�/Hour Project Manager / LA $ 1.20. 0�/hour Graduate Landscape Architect $ 95.00/hour Technician $ 85.00/hour Clerical $ 65.00/hour Intern $ 45.00/hour Appendix 1, Standard Hourly Rates Schedule EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. Pne 1 EXHIBIT A Ms. Rebecca Plantz, Project Engineer City of South Bend - Division of Engineering 1316 County -City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Reference: Century Center Landscape Project Dear Ms. Plantz, November 01, 2018 Thank you for giving us the opportunity to provide design services for the site landscape of the Century Center campus in downtown South Bend campus, located at 120 Dr. Martin Luther King Jr. Blvd. After meeting with you and the City team last week, we have a firm understanding of the process necessary to successfully bring this project to completion. As discussed at last week's meeting, the following proposal offers costs for preparing conceptual design documents and Construction Documentation as well as an hourly Not -To -Exceed fee for Bidding and Construction Administration services. These include a focus on the Main Entrance along Martin Luther King Jr. Blvd. and at the entrance off of the parking lot. Additional design items, such as a formal site survey would fall under a new scope of services agreement. Thank you for the opportunity to continue to serve the City of South Bend and the Century Center. Please contact us with any questions regarding our proposal. Sincerely, Landscape Architect and Project Manager President and Designated Signatory Approved by: Date: Rebecca Planz, Project Engineer City of South Bend — Division of Engineering Schematic Design Scope of Services It comes down to people and their experiences I Together, We WilI 550 Union St. I Mishawaka, IN 46544 1 p 574.259.9976 1 www.troyergroup.com November2, 2018 Complete an existing conditions plan based on aerial photography, provided site plans, and field verification. • Project Kick-off Meeting (1) • Site Visit, Inventory, and Analysis • Schematic Design Plan Options and Associated Graphic (rendered perspectives and plans) • City Review Meeting (1) • Review plans with City Venues, Parks, and Arts, Century Center, and Engineering Divisions. • Determine any potential phasing opportunities or needs • Prepare preliminary cost estimates • Refine site concepts and develop preferred plan • Final Review (1) • Prepare final schematic design and plans Construction Documentation Scope of Services • Develop a construction document set that meets City of South Bend Board of Public Works requirements that may include, but is not limited to the following: • Existing Conditions Plan • Site Demolition Plan • Site Landscape Plan • Grading and Drainage Plans • Site Details • Erosion Control and Maintenance of Traffic Plans • Prepare final project specifications. • Prepare Review Sets at 30%, 60%, and 90% completion milestones. • Attend a review meeting with the client and project team. • Prepare any revisions. • Update the site construction cost estimate. Bidding and Construction Administration • Attend a pre -bid meeting with the owner and contractor. (1) • Answer contractor questions and assist in preparation of addenda as required. • Attend the Board of Public Works Bid Meeting (1) • Attend a pre -construction meeting with the owner and contractor. • Make up to two (2) site visits to observe construction progress and its accordance with the plans and specifications. • Prepare field reports or provide City with site information for field reports. • Review landscape package progress and prepare any change orders necessary to accommodate updates to landscape design. • Review shop drawings, contractor questions, and change order requests as necessary. • Attend the substantial completion walk through and develop a site work punch list. Graphics and Renderings • Above and beyond the graphics previously identified, we will prepare any site elevation, plan, or perspective renderings for an additional fee for your approval based on our hourly rates. Compensation: Page 12 troyergroup.com I Together, We Will November2, 2018 • Total Design Fees, including all Schematic Design and Construction Documents: $12,200 • Bidding and Construction Administration services will be completed on an hourly basis. It is anticipated that the bidding and CA scope of services listed above will not exceed $2,500. • Total Project Fees: $14,700 Conditions and Assumptions: • Any reimbursable expenses such as prints or copies are included in the fee listed. • It is assumed that City drainage review and underground storage will not be necessary. If this becomes necessary, we will provide an additional fee for your approval. • If additional design, engineering, or surveying services are required which are outside of the scope of this agreement, or if additional meetings/presentations are required beyond those indicated here, those out of scope of services shall be negotiated. • This proposal does not include preparation of ordinance variances. If an ordinance variance becomes necessary, we can provide a fee for additional services upon your request. • It is assumed that this project will be completed as one (1) bidding process. If multiple packages are requested, we will provide an additional fee for your approval. • Troyer Group will notify City of South Bend, Division of Engineering if Project Scope changes require modifications to the above -stated contract value. Services relative to scope changes will not be initiated without authorization from City. • Troyer Group bills monthly. Payment is due within thirty (35) days after statement date. Please contact us with any questions regarding our proposal. If this proposal is acceptable, please sign in the space provided and return a copy to our office. Page 13 troyergrou.com I Together, We Will BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date November 5, 2018 Department Public Works Name Becca Plantz Division/Bureau Engineering ............ .............. _._.---- ..�........�._���..� BPW Date November 11, 2018� Phone Extension 5998 �om�.✓wnv�rv�s�..�...raw',mw.w�uz^�u^r�rw✓��u�sa�uew±.yaw-n�aorr✓rsww�orvu�w,luuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuwrtwwrvurnww,wrrw�rw�Frw,uw.w.....!rs�a..::.....,,,� ..... ...,.r�awmaa�mraaa�aa�r,�a�adu�erairimrinrtmmm^ow�wAmmvwwvvvvvmmvwvmwwwvvvwwwuuNuuvmiwwumanuwv,�wwn� � .m A .....� ..... ..............__..........m ........ .m.......,.,.,�..,�.µ..... ............�_........... Required Prior to Submittal to Board Legal Z Attorney Name: Clara McDaniels Controller E 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 R m ..... _ _ Check the rpri t Item Tpafor All Submissions Agreement Amendment El Contract El Proposal ❑ Addendum Z Professional Services n Resolution n Bid Opening El Bid Award ❑ Req. to Advertise ❑ Title Sheet Ej Quote Opening EJ Quote Award 0 Change Order No. C/O & PCA No. ❑ PCA E] Ease/Encroach. Traffic Control: n Other: Required Information Company or Vendor Name "roype ProuP ... ........ El Yes ❑ No -El If Yes, Approved by New Vendor Purchasing.W _�............. .......... W....................................�.�.�.�.................�. MBEANBE Contractor Fj MBE WBE MBE/WBE Contractor Requested ..... . mm . y ,,.,.,..ee...... _ � No � Yes Name of Com�a�n? Name ProjectCentury Exterior Landscape Centu Center Exte ............................... Project Number 118 101 Funding Source ............. . Hotel Motel Account No. 7304.42010.000.0099 Amount $14,700 Terms of Contract .. Not to �......._��--- ----- m.. . . �,n. �m� ..... ... ,......w-..w. Exceed Purpose/Description To update the exterior landscape at Century Center on the West d South side of the buildingT � . ..� �_—.. Required Contractors Certification Forms Attached ' hed (Non Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) �...� Required For Change Orders n .. � . Amount of F-1 Increase $ _____ F] Decrease $ Previous Amount $ Current Percent of Change: New Amount $ Total Percent of Changer % _.-..---- ............�..Di p�r�alAfterApproval Copy Original..........��......�� ..... ....._ _._..__...-r� ® ❑ Becca Plantz