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HomeMy WebLinkAboutAgreement - Design Services for the Jon Hunt Plaza - The Lakota Group1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOI JTH BEND. INDIANA 46601-1 830 186S CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARDU IC WORKS November 26, 2019 Mr. Kevin Clark The Lakota Group 116 West Illinois St., 71h Floor Chicago, IL 60654 RE: Agreement Dear Mr. Clark: PHONE 574/235-9251 FAx 574/235-9171 The Board of Public Works, at its meeting held on November 26, 2019, approved the above referenced agreement for design services for the Jon Hunt Plaza in the amount of $31,120. Enclosed please find to 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, �«f Linda M. Martin, Clerk Enclosure GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU EJCDC`_"" ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of November 26, 2019 ("Effective Date") between Board ofPt blic "ti ork's Ity ofSouth l3end, Indiana ("Owner") and The Lakota Group (Engineer"). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: Jon Hunt Plaza Improvements (Project"), Engineer's Services under this Agreement are generally identified as follows: Landscape Architectural services as described in the scope of services dated Nov. 14, 2019 (Attached). 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: January 31, 2020. 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 N/A 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 Page 1 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Professional Engineers for EJCDC. All rights r Copyright 2008 National Society of P.fiieserved._,.._......_� ._.. 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 4.01.13 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. — -------- Page 3 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services l7 . gmeers for EJCDC..411 rights reserved �l�l mm 2008 National Society of Professional En„ —g 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: I.. 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 $31,120. 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 5 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services hl t) 700 National So,dety of ProfesMosaal Enaneers for EJCDC. All riehts reserved. „„� 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 November 26, 2019. Engineer's Standard Hourly Rates A. Standard Hourly Rates: 1. Standard Hourly Rates are set forth in this Appendix 1 and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non -project operating costs, and operating margin or profit. 2. The Standard Hourly Rates apply only as specified in Paragraphs 7.01 and 7.02, and are subject to annual review and adjustment. B. Schedule of Hourly Rates: Hourly rates for services performed on or after the Effective Date are: President $310/hour Principal $270/hour Vice President $210/hour Senior Associate $190/hour Project Planner/Designer/Manager $170/hour Planner/Urban Designer/Landscape Architect $130/hour Research/Operations Staff $90/hour Appendix 1, Standard Hourly Rates Schedule EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. Pase 1 THE L. ioYl ,.o" erAGROUR November 14, 2019 Jon Hunt Plaza Professional Design Services South Bend, Indiana PROJECT UNDERSTANDING: The Lakota Group (Lakota) is pleased to provide our professional design services proposal to The City of South Bend (Client) to assist with the development of a design vision for Jon Hunt Plaza in downtown South Bend. The design of this plaza will take into consideration the use of the space by the Morris Performing Arts Center and city events, its function in relationship to other nearby open spaces, and the context of the surrounding streets. The final plan will include elements that surprise and delight visitors, provide flexibility for a variety of programs, and consider year-round interest. The initial scope of work will focus on creating a Schematic Design plan and multiple renderings. Design Development and Construction Documents will be future phases initiated once this phase has been completed. FOCUS AREAS AND ELEMENTS Our work will focus on the following areas within and around Jon Hunt Plaza and the Morris Performing Arts Center, as outlined below: • Plaza space/hardscape • Pedestrian paths + circulation • Water feature • Seat walls • Site furnishings • Site lighting • Art and sculpture locations • Vehicular circulation + drop-off • Design grading • Signage and Wayfinding within and around plaza (locations and general intent) • Site landscape planting character Develop a preliminary plant palette for the plaza and streetscapes on the block, including palettes for key sub -areas or garden spaces. Task 1.10: Develop Cost Opinion and Phasing Plan The Lakota team will develop estimates of probable cost / cost opinions for the schematic site / landscape plan. Cost estimates will include line items for materials and products necessary for construction. The Lakota team may also work with the City to develop a potential phasing plan for construction, depending on budget numbers. Task 1.11: City Review Meeting(s) Present refined preferred schematic site/landscape plan, planting palette, site element and materials palette, and costs in a meeting with the City. Discuss potential views for renderings. Refine schematic plan direction after the meeting(s). Task 1.12: Final Preliminary Schematic Site/Landscape Design Develop final rendered Schematic Site/Landscape design concept. Task 1.13: Final Renderings Develop three (3) renderings of the final Schematic Concept. The content of the renderings will be discussed with the City as the design progresses. Minor revisions will be made after City review. Substantial changes to the site plan or renderings shall be considered outside of the work scope of this proposal. Lakota will be pleased to provide a more specific fee estimate/proposal for any additional services as requested by the City as determined necessary due to project conditions. PROJECT TIMELINE: Lakota will work ,....,,,_ .,._. �. reasonable k with the City to assure completion of t .y p he above phases and tasks in a r n...— able timeframe, with the goal of completing the Schematic Design and renderings by the end of January 2020. PROJECT TERMS: The above additional services will be provided on an hourly rate basis with a not to exceed fee of $29,640 according to the firm's current rates, plus reimbursable expenses. Total Estimated Fees are as follows: Task 1.1 through 1.12 $ 23,640 Task 1.1" : Renderings 000 Professional Fees: $ 29,640 Rgitlibursabig EXpenses fM, Total: $ 31,120 Any adctitibnal services requested of Lakota beyond those listed above will be conducted on an hourly basis and billed according to Lakota's current billing rates. if requested, a fee estimate will be provided for a task or an assignment based on a defined work scope. Lakota 0I.8..l; pg R t_ 2( 19) President $310 Principal $270 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date11/21/19................._W..............__.......__......................................................................................................... Name Liz Maradik Department DCI BPW Date 11/26/19 Phone Extension X5821 �... Igh9WATN11NhiIrMIWN IYM4INN4Md9�NV IMNNVM4INN�IdVMMtlW�ONW�MVMNWVMVMONNIqM1MM'�NOIP,�M1MNN��fiN!4NYM'YNWi�R'MNVMYIWIYNIN OIIWtl4bdG//i/G�4e�NNN�'flVfd!MNN R! qq! 11 ed. Prior to Submittal to Board BPW Attorney Attorney Name Clara McDaniels Dept. Attorney Attorney Name ._........._..___..............._�......................m... Purchasing _mmm ChecktheAppropriate Item Type - i eq uircul liar All Submissions Professional mServices Agreement Contract Open Market Contract ❑ Amendment/Addendum Bid Opening ❑ Bid Award E Quote Opening ❑, Quote Award Ej Proposal Opening [] C/O & PCA No. Chg. Order, No. ] Traffic Control 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 LJ Proposal E] Special Purchase, QPA Req. to Advertise Reject Bids/Quotes PCA Resolution Ease./Encroach ❑ Title Sheet The Lakota %roulmm ... Yes If Yes, Approved ........................... ..............................................�.w_ w d by Purchasing ® No ❑ MBE Completed E-Verify Form Attached ❑ Yes ❑ WBE ❑ No Desiian Services for Jon Hunt Plaza RWDA TIF NTE $31,120 Schematic design services related to improvements at Jon Hunt Plaza For Change Orders Only Amount ofEl Increase _ �� �...� ��� ..... ❑ Decrease ('" Previous Amount $ _ ,... _ ..w........ Increase % Current Percent of Change: Decrease %) New Amount $ .....Increase.m..m.....m..............-.........m%..................................m..........................__.................... Total Percent of Change: Decrease ( %) Time Extension Amount: New Completion Date: