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HomeMy WebLinkAboutProfessional Services Agreement - JPR Corp - Guardrail Replacement Design1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD N01ITH BEND. INDIANA 46601-1 830 CITY OF ! BEND PETE BUTTIGIEG, MAY BOARD iWORKS November 27, 2018 Chris Chockley Jones Petrie Rafinski Corporation 325 S Lafayette Blvd South Bend, IN 46601 RE: Professional Services Agreement Dear Mr. Chockley: PHONE 574/235-9251 FAx 574/235-9171 The Board of Public Works, at its meeting held on November 27, 2018, approved the above referenced agreement regarding a guardrail replacement design for existing and new locations throughout the City in the amount not to exceed $39,515. 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 -1�1- ........... EJCDCl/,,..—.,- ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of v ("Effective Date") between Board of Public Works,, City of South Bnnd IndianLi ("Owner") and Jones Petrie Rafinski C°or: of-adon("Engineer") Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: City Project Number 118-084 City of South Bend Guard Rail Re lacement("Project" ) Engineer's Services under this Agreement are generally identified as follows: Develo inept Of Construction Documents and Special Provisions for the removal and replacement of identified roadwav Pattardrails throughout the City of South bend. Limited Topographic Surveyselvices will be required The roadwayguardrail improvements are desired to be designed to current INDOT standards. The list of locations of desired ualdrail ini proveinents as discussed are as follows: 1. Angela Boulevard at Lafayette Boulevard- 2. Harris St. Dead End vicilr.it of 524 flail°is Str°c et' 3. Walnut Street at Ford Street; 4. Walnut Street at the Norfolk Sor:lthern Railroad- 5. Lathrop Drive at Brookfield Street south side 6. Darden Road at Riverside Drive,°. 7. Sample Street at Walnut Street:. Please refer to attached Jones Petrie Rafinski for detail on proposed Scope of Services and Fees. 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 Page 1 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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: It is catair;i���ated tiaaat sire 'it deg"ire to ro to hidt� w��Pit1a tie ca:aa�ra�lcpa�cl��e.�°i r�n r� ' �"r���t���ar;ts Document b the end o f 2018. 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 _ 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. 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 e„ r.y r,"ityrP 9 p ie -3 ate ,•caW^.eip r,fi" r.��ga°ii� "', i+ieeF i-1tl- 'e-ineFeB 4-:0v w nt °k tae C 5 t# t aY_- 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. nt�i--wi1 R e lst to intenest m +e ii++6.pa1: 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. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.01.A.l.a if the party receiving such notice begins, Page 2 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services py . 2005 National Society of Professional Engineers for EJCDC. All ri hts reserved. __. Co r� ht _.._ __.._ 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. 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 Page 3 mm EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Socie of Professional Engineers for EJCDC. All ri hts reserved. 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 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 e .....����� �..... 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner: City of South Bend, Indiana Board of Public Works By _......... Title: Gary X.Gilot, President By: �tn-. Title: urrra m. Fritzberg, Member Title: Elizabeth A. Maradik, Member _. . Title: There J. '1'J n°atl„ Member By: Title: James A. Mueller, Member Attest: u- Title: � r�MarnC'lerk Date: _.. � �do � Address for giving notices: 227 West Jefferson Boulevard South Bend, Indiana 46601 Designated Representative (Paragraph 8.03.A): Kara M. B(;i les, Ph.D., P.E. Title: City Engineer Phone Number: (574) 235-5933 Facsimile Number: (574) 235-9171 E-Mail Address: �owhhendw.�w, Engineer: Jones Petrie Rafinski Corporation By: Chris ChoPLA Title: Landscape Architect .... Date: 11-01-2018 Engineer License or Firm's Certificate No, State of: Address for giving notices: 325 South Lafayette Boulevard South Bend, IN 46601 Designated Representative (Paragraph 8.03.A): Mark Wilson, PE Title: Senior En ineer Phone Number: 574-232-4388 Facsimile Number: E-Mail Address: mwilson@jl)rlsource.com Page 6 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Co yri ht © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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, 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. I 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 —Hourly Rates Plus Reimbursable Expenses 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 $39,515. Attachments: Appendix 1, Engineer's Standard Hourly Rates Page 5 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services g _ Society of Professional Engineers for EJCDC. All ri hts reserved. Co r� ht O 2008 National Socie IT _ .... Hourly rates for services performed on or after the date of the Agreement are: 11__��d J 1) (-1, 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 Rates A. Standard Hourly Rates: 1. Standard Hourly Rates are set forth in this Appendix 2 to this Exhibit C 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 Article C2. B. Schedule: Chief Executive Officer $275.00 Financial a/o Operating Officer $200.00 Principal Staff $165.00 Management Staff $145.00 Professional Staff II $140.00 Professional Staff I $125.00 Project Management Staff $125.00 Graduate Staff $ 95.00 Clerical II $ 80.00 Clerical $ 70.00 Utility Operations Field Technician $ 80.00 Environmental Field Technician $ 85.00 Field Geologist — Special Testing Equipment Req'd $125.00 Resident Project Representative $ 85.00 Support Technician II $ 85.00 Support Technician I $ 70.00 Field Surveyor(s) — 2 Man Crew* $135.00 Field Surveyor(s) — 2 Man Crew $200.00 Land Survey Field Technician (1 Man Crew) $105.00 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. Paec 1 JONES IESurveying ° Engineering E Planning Architecture, Utility Management your one single source GIS • Environmental • Renewable Energy • Landscape Architecture November 1, 2018 Division of Engineering 1316 County -City Building 227 West Jefferson Boulevard South Bend, IN 46601 Attention: Mr. Roger Nawrot, P.E. & P.L.S., Assistant City Engineer RE; ENGINEERING DESIGN SERVICES — CITY OF SOUTH BEND ROADWAY GUARDRAIL IMPROVEMENTS Dear Mr. Nawrot: This proposal follows our 8/28/18 meeting at your office on the subject. It is understood that prior to our meeting, your office collected a list of locations where roadway guardrail improvements are desired to be designed to current INDOT Standards. It is further understood that the City desires to go to bids with the completed design of contract documents in fall of 2018. The list of locations of desired guardrail improvements as discussed at the meeting was as follows, numbered for reference only: 1. Angela Blvd. at Lafayette Blvd. 2. Harris St. Dead End (vicinity of 524 Harris St.) 3. Walnut St. at Ford St. 4. Walnut St. at NFS RR 5. Lathrop Dr. at Brookfield St., south side 6. Darden Rd. at Riverside Dr. 7. Sample St. at Walnut St Note that location 7 was discussed to be in question on whether improvements should be made or not, and the intent of this proposal is to prepare a design for consideration of constructing improvements. Based on the discussion at the meeting, it is understood that during the design phase, there is a possibility that other desired roadway guardrail improvement locations may be discovered or may become known upon new guardrail damage. Due to that possibility, the City requested that the proposal for design services and eventual standard "Short Form" for design services agreement should be based on estimated services by time & materials in order to be flexible for possible added locations for an amendment to agreement. Elkhart Office South Bend Office 200 Nibco Parkway Suite 200 Elkhart IN 46516 574.293.7762 325 S Lafayette Blvd South Bend IN 46601 574.232.4388 Fort Wayne Office 108 W Columbia St. Fort Wayne IN 46802 260.422.2522 COSB-Roger Nawrot November 1, 2018 Page 2 of 3 The scope of the desired design services is understood to include the following tasks: o Field checks/measurements o Topographic survey o Railroad coordination/permit o Preparation of preliminary plan drawings, specifications, and cost estimates o Meetings with the City as needed for review of preliminary plan drawings o Revisions of plan drawings, specifications, and cost estimates based on City review comments for preparation of final contact documents for going to bids o Assistance to the City during the advertising/bidding/bidder questions/awarding and contract preparation for the awarded bid o Attendance at a pre -construction meeting o Designer input during construction phase This proposal assumes that locations 4 and 7 will require topographic survey, and the other locations listed in this proposal are to involve the creating of plan drawings using aerial photo information to scale only. For all locations, 811 coordination will be performed, in order to investigate possible utility conflicts with the proposed improvements. Where possible utility conflicts exist, utility coordination will be performed. Also based on the discussions at the meeting, it is understood that the design of roadway guardrail improvements are to take into consideration the possible need for design of reconstruction of features adjacent to and/or affected by the guardrail improvements, such as substandard ADA conditions of sidewalk and curb ramps, and pavement or curb conditions as warranted. The proposed fees for the understood scope of services as described above are summarized as follows, based on JPR current standard hourly rates for various JPR staff (see attached proposed fee calculation information and current JPR standard hourly rates.) This proposal does not include any of the following services: R/W acquisition; environmental permitting; INDOT coordination; construction inspection; construction materials testing. This proposal assumes the City will provide AADT and traffic accident data as available on request. It is anticipated that reimbursable charges may include railroad permitting fees at an amount to be determined during the course of design. Estimated Total Fees (Time & Materials) = $39,515.00 It is proposed that any desired roadway guardrail location improvements added to the scope of work by the City would be proposed by an amendment to the agreement for City review and approval. COSB-Roger Nawrot November 1, 2018 Page 3 of 3 If the proposal is agreeable to the City please complete and return the following authorization section of this proposal, which will serve as JPR's notice to prepare a standard "Short Form" agreement for submittal to the City. Otherwise, please contact JPR with any questions or comments you might have. Thanks very much for contacting JPR on this project. Please contact me with any questions or if you need any additional information. Si rely, hi Chris Chockl LA, AICP Landscape Architect Certified Planner JAProposalsUty of South Bend\2018\2018-1 1 -01 COSB Guardrail,dom n; E; 2 E CL E 72 ( 7 m k \ � GS§7/)//� \\kk/444JJ\ k ca o0 N�o/§\\§dN� N/ 0 E § 0 k{ ƒ& a£ 20 CL BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date November 19, 2018 Name . Ro"�..... �...,. .�._..�.................. ger Nawrot Department Public Works Division/Bureau Engineering BPW Date November 27, 2018 Phone Extension 5932 �eou�asa�oaru a �iui�oiNv�x� mm.�ammoummimuuuuuuuuuuuuuuum!mr w �n��imb.. ... �.....� ;_J/fi'/d��INN ItlfNi✓'�P. ..... Required Prior to Submittal to ...B.oa..rd­..........."I'llv... ..........,, �_._...._W�.... ... ... Legal Attorney Name: Controller ® Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing Check the H Agreement Amendment ® Professional Services :] Bid Opening Quote Opening ❑ Change Order No. F] Ease/Encroach. Other: Company or Vendor Name )ro riate Item Type - f 1 Contract LJ Resolution [-1 Bid Award Quote Award C/O & PCA No ❑ Traffic Control: New Vendor MBE/WBE Contractor MBE/WBE Contractor Requested Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Jones Petrie Rafinski �d for All Submissions Proposal — ❑ Req. to Advertise ❑ PCA oration Addendum ❑ Title Sheet J_J Yes No Yes, Approved by Purcha..... n MBE [:1 WBE No D Yes......... Name of Com... ..�— oanv Guardrail Replacement Design �m...._ �—.. 118-084 . LRSA — Maior Projects 251-0608-431.42-96 $39,515.00 Not to Exceed The design for the replacement of existing guardrail locations and ,new locations throughout the City, ......_ LJ ...................................... Required Contractor's Certification Forms Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) .m�� ............. ...........Re wired For Cha. ...� .---��.. .... »» e........ r Orders OnN! Amount of ❑ Increase $ [� Decrease $