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HomeMy WebLinkAboutProfessional Services Agreement - Jones Petrie Rafinski - City Wayfinding Signage227 W. JEFFEMON BOULEVARD CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS May 28, 2019 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 May 28, 2019, approved the above referenced agreement regarding the design of City wayfinding signage locations and foundations in the amount of $19,100. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, tx Linda M. Martin, Clerk Enclosure GARY A. G1LOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of ("Effective Date") between Board of Public Works Cit of South Bend. Indiana ("Owner") and .hones Petrie Rafinski Corporation ("Engineer"). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: Citv Pro" �ct Ntlthl 19 052. Wa findio Si Ira �e Plro ynun -- Phase l "Proj ct" �t Engineer's Services under this Agreement are generally identified as follows: The City of Soutli Bend is looking to install between 35 to 40 signs at various locations in the City as part of the Wayfindi�a e Program — Phase 1 project. These signs range from pedestrian kiosk st le si ns to existinpost mounted wayfindin si ns. The Cit is interested in having two separate document packages prepared that will assist in the installation of these signs and the required foundations. The first acka e is to include final si n locations and associated foundation desi �l% of 5 ki�ask st =ns anc�a to six .� findin signs proposed aloe g Michigan, Street between LaSalle Avenue and Western Avenue. This acka ye is to be included in the Michigan Street Reconstruction aro"ect 118-0' 5 as a change order. The second acka e fc rl acted as a quote package, is to include the final location of the remainin2 number of signs and the foundation design for those si ns that re uire foundations. This uote acka e is to also include the fabrication and installation of all the identified wa finding si gnu, includ��ich Street. The followinR is the anticipated sco e of services for this ro'ect. I. Michi an Street Wa findii Sign �rol_Ilid�ltlons a. JPR will conduct a site visit with the City to identif the actual location of the si ri alon Michigan Street. Careful attention to the exist ine the final site locations. b. Foundation designs will be prepared based oil (lie provided sign desi 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. C. 1'laaras and. ec;ial a°ovisioa s will be 1°e raa:le:cl Col° dais workto be included into the Michigan Street. Reconstruction project.as a char re order.. 2. Phase 1 Wayfinding Sign Pr�zn Quote Package: a. .JPR wil I coladuct a site visit within the downtown area inDowntown South Bend were the remainder of the signs are to be Placed. This site visit is to determine the final locatioaas of. kiosk traiilbtazer si ins aaaaa:l existiii ole si ,ns. b. JPR will prepare plans sh wing the location of the waffinding signs and will develop the necessaar Cc�ult�lation desiaa ftaa• these si =ns. c. A quote Vacka e will be menared that is to include the fabrication and installation of"all the Phase_l signs. The vacka shall also include the design of foundations and existin ost attachment details for all of the si ns excluding, those as vart of the Michigan Street Recoltstraacton Change Order package, d. During the bidding process, JPR will rovide clarifications to Contractor questions and will issue addenduans as necessary. e. JPR will prepare quote package for the fabrication and installation of the Phase 1 Waayf�a�cldatg,Si nta. e. f. lee c cote aacka e will include flee si n s ecifications and drawings jm-e aaared b Corbin Design . n as provided bv the Cit of South Bend. 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: It is anticipated that the foundation work or the Kiosks and l cr irrcliri: Si na e ma be a c hanze order to the 118-075 Michi >art Street B'ecO nstrucaaarar aro "ect. Plan and speciai .rrovision vVi1C pr:elrcrrerl etc cor"dire � i r. 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 receipts °4a.1s w*i e+s«,1..e e.e Engifleer - , :.. . isin wr aee, cr^"nai Un's m h av i ifieeiwr b lief 1 fly/amm r"a�W�i t o tlaAe of interes a ra l ti t 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 Page 2 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services p " y g ueer8 for EJCDC. All rights reserved. Copyright y^r� 7Ndt ©2008 National Sucaca of Professional I^ as �1� .....,� other related charges. Owner waives any and all non -disputed claims against Engineer for any such suspension. 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 3.01.A. Lb. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.0I I.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. 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. Page 3 EJCDC E-500 Agreement Between Owner and Engineer For Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. A. ! A hts reserved. 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 4.0l.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 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 w Page 4 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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 " 10 6 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. J. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law. Page 5 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional En, veers for EJCDC. All rights reserved. 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 , l 00.00. (i) Michigan Street Wayfinding Sign Foundationsl10.0( (ii) Phase 1 Wayfinding Signage Program Quote Package $14,150.00 (iii)Reimbursable Expenses (NTE)* 00.00 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 'veers for EJCDC. All ri hts resery 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: y Title: Gar . Gilot, Ply �'l mit By: Title: Elizaliclh. A. Maradik, Member By: Title: Genevieve E. Miller, Member Title: 1 lr t e:c J. 'Dora ib` r By: Title: 1aura L.- O Sul ri. ember 4Martin. Attest: Title: Clerk Date: Address for giving notices: 227 West Jefferson Boulevard South Bend, Indiana 46601 Designated Representative (Paragraph 8.03.A) Engineer: Jones Petrie Rafinski Corporation By: Chris Chw.mcklc r, L/ Title: Landscape An mtcct. Date: 5z! 4� ..... ____ .... - .......... 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): Kara M. Boyles, Ph.D., P.E. Chris Chockle , PLA Title: +C:`it I:an-incer Phone Number: (574) 235-5933 Facsimile Number: E-Mail Address: (5 74) 235-9171 Title: Landscape Architect Phone Number: 574-232-4388 Facsimile Number: (�11x� �, t'wa,�NllubnclimM,mr,mrf E-Mail Address: cchockley@,jprlsource.com Page 7 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services �Co�yright @ 20082008 National Society of Professional Engineers for EJCDC. All rights reserved. Hourly rates for services performed on or after the date of the Agreement are: 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 ClericalIl $ 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 1 $ 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. Page 1 O a cn C7 U N N 0 m A E W U) LU N O G1 LL r V d IL T U m Y m Y T U n L a a s d o. n C C E .m as N N w a cn y N A cc a1 > E� m ai v a O C N O ccRU `o �•— .t: r C 07 O m U C U U m O O C m C m D N a OI O O O O C C c., 'm O 'C UCN O U a Y 7 w E p a c O �Na) O T T O' N O T C C a) L L y E C U N O 0 0 U5 C E ooNE aao ppyy �garp�", m m MY U � y'. � •rj, L1. � U m• N N qq 0 O o oLo w N^ N w o m N (n0 � 7 N N (OD a I� u1(77 O� et _ _ LO ' O) fA 4R�fA ffJ� EA ^���fA��fA�� A w O O O O O�F O O O O O O O O O O F V (O 16 i aD L a (O 0 CO CO 6 W N .0� T C N C o Y u - m c m a y o LL o ° o E - y Q N N c c c m p E y E Fa N N c ai ca p m c in >E�'ya>mc_ C '> ro m o n> c N j �•� o a O N m Z p O N E N p> p p c o y w a a y m C c m I ca c €gin❑ c 3ainao Z a yQ c a m tq c ii U)i c LM N O o d `m m 3 I to O N co co O cn co 0 U 2 N U N H � co rn a _T U d Y m 1 T U a N C a o CD 0 0 � n d a `o C y C C E rn m � � N m m m d `m m E N > E 45 N N j O D Y N O U U o d o V L C CD O m V C U) U U a N O tl v C t A O N N OI' O O O O ID C U ltl Q O 'C O N C N N G C v 7 w O L OT T wC _ o a 5 m c U U N O T C C a)L L L . R O - Er .� C U O O O C E.0oONELo o T CL CL .N .' ❑ 4_] G'7 dip"CLA,7,. ❑ cm CO NmM,-mr<Om V CO Le wcjlo Noo m N r N co ooIr N �� v a0 N (O p� T 1v i eq � 6 in y r �,j u) o' inu)m'o v m u) »in�infy N i0 r i fG - lfl 07 ' L4 f0 � N 6 � cI m N L U N W �p o - u m m a r c 7 LL O E O E p 0CI l6 N O C inoyC E E NC C o �-EN NC N m O b E�;IN - C oCa) i� U > Wa` o p E O C N C '- EU, C= lC E Eigr❑a N O a la C m mo m a 'a) ?� a �) Q o ' U R aOi O-0 Q O a p 2 a U c c dU-tn wm m O U a a o Q U y A A 3 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 05/17/19 Name Alicia Czarnecki/Roger Nawrot Department 111-111-in—lee—eing - - — ---------- BPW Date 05/28YI9 Phone Extension 5903 H1111111111 WWHNNN(&� '-------iPW Attorney ❑ Attorney Name Dept. Attorney Attorney Name Purchasing 1:1 Check the Appropriate Item Type - N Professional Services Agreement F-1 Contract Ej Open Market Contract Amendment/Addendum Bid Opening Bid Award Quote Opening Quote Award E] Proposal Opening CIO & PCA No. E] Chg. Order, No. ❑ Traffic Control n Other: Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Information All Submissions LJ Proposal E] Special Purchase, QPA [:] Req. to Advertise F] Reject Bids/Quotes PCA Resolution Ease./Encroach El Title Sheei Jones Petrie Rafinski CoOil Eyves�f Yes, Approved by Purchasing No ❑ MBE Completed E-Verify Form Attached El Yes Ej WBE No Lity of South Bend Wayfinjadinq Signage - — - ------- - 119-052 $19,100.00 Design for sign locations and required concrete foundations for wayfindin sipa.E at various . locations in the City. . . ... ... .... . . -- y For Chan Orders On Amount of El increase Decrease Previous Amount Increase % Current Percent of Change: Decrease % New Amount $ Increase % Total Percent of Change: Decrease Time Extension Amount: . ..... New Completion Date: