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HomeMy WebLinkAboutAgreement - Dylan Dr. Lighting Improvements - Jones Petrie Rafinski Corp.1316 COUNTY -CITY BUILDING PHONE 574/ 235-9251 227 W. JEFFERSON BOULEVARD n per. Fax 574/ 235-9171 SOIIT I BEND. INDIANA 46601-1 93II SOUTHCITY OF BEND PETE B• BOARD i 1 November 26, 2019 Mr. Chris Chockley Jones Petrie Rafinski Corporation 325 S. Lafayette Blvd. South Bend, IN 46601 RE: Agreement Dear Mr. Chockley: The Board of Public Works, at its meeting held on November 26, 2019, approved the above referenced Professional Services Agreement for Dylan Dr. lighting improvements in the amount of $17,085. Enclosed please find the original of the proposal for your signature. Please sign and return the original agreement to our office and retain a copy 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 GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU 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 A. Gilot, President By: ...., w. .... Title: (3crievieve 1` Mill ler ale bel• By: Title: El i A. Maradik, Member By: Title: By: Title: Attest: Title: Date: Address for giving notices: 227 West Jefferson Boulevard South Bend. Indiana 46601 Designated Representative (Paragraph 8.03.A): Date: 11/18/2019 Engineer License or Firm's Certificate No. State of: Address for giving notices: 325 South Lafayette Boulevard South Bend Indiana, 46601 Designated Representative (Paragraph 8.03.A): Kara M. Bo les Ph.D., P.E. Chris Chockley Title: 11 City Engineer Phone Number: Facsimile Number: 74)235-5933 4'1235-9171 Title: Department Manager Phone Number: 574-261-5287 Facsimile Number: E-Mail Address: k ?aryl ^�i�•�R�gi,Lllii,��;lai�lii�. �iry E-Mail Address: cchockle 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 ri hts reserved. 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. 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 A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1. A Lump Sum amount of $17,085 (includes estimated Reimbursable amount of $500) 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 Co yri ht © 2008 National Socie of Professional Engineers for EJCDC. Al! rights reserved. ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of .vv("Effective Date") between Board of"Public Works City of South Bend Indian ("Owner") and Jones Petrie l afinski Co oration(("Engineer"), Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: Dylan Drive Li *htin g Improvements "Project") Engineer's Services under this Agreement are generally identified as follows: JPR will prepare the necessary construction documents and special provisions for the conversion of city - owned lighting fixtures on Dylan Drive and Parkland Drive to LED. The project will also include the design of additional streetlights on Chet Waggoner Court. JPR will utilize existing GIS data to develop a base plan form which to prepare the necessary construction documents and special provisions. JPR will coordinate the work with AEP for the anticipated electrical service step down conversion. It is anticipated that, based on the anticipated budget, this project will be sent out as a quote package. Refer to Attachment A for detailed Scope of Services 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 anticrp ated that thect will be oyl ffir quotelbio by JanuarvlFcbruary 2020 with constrarctiorr ,�tar°tira irrcxr c°dr-lcaJ, 2t12 ............................................. Page 1 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. 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 —6_ 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 - days a - re f-4-I tltly, 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. paymentN will be _eredmited4lfst ten— and p 3.01 Termination A. The obligation to continue performance under this Agreement maybe 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.A. I.b. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.01.A.1.a 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. Page 2 EJCDC E-500 Agreement Between (honer and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2. For convenience, by Owner effective upon Engineer's receipt of written notice from Owner. B. The terminating party under Paragraph 3.0I.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 4.01.13 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. _ __ _. ....... ......................... ... - Page 3 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Co ri ht ©2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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 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 $16,585 or the total amount of compensation received by Engineer, whichever is greater. 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 ,,..... . .... �,m. „ .. _... _...... _... Page 4 EJCDC E-500 Agreement Between (honer and Engineer for Professional Services Copyright C 2008 National Socie of Professional Engineers for EJCDC. All rights reserved. Hourly rates for services performed on or after the date of the Agreement are: NEK1110111' �I 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 neer's Standard Hourly Rates A. Standard Hourly Rates: 1. Standard Hourly Rates are set forth in this Appendix 1 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 Clerical1I $ 80.00 Clerical I $ 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. I'aae I O N E S P E T R I E R A F I N S K I V;1 1 r; l9c,,)° fl i rl t r,i. '1 1, ""20 1 City of South Bend Division of Engineering 1316 County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 Attention: Ms. Alicia Czarnecki, CDT, Project Engineer RE: PROFESSIONAL CONSULTING SERVICES FOR DYLAN DRIVE LIGHTING IMPROVEMENTS, SOUTH BEND, INDIANA Dear Alicia: Thank you for contacting Jones Petrie Rafinski (JPR) regarding the above referenced project. We have appreciated being able to be of service to you in the past and hope to be afforded the opportunity to provide you with our services for this project. UNDERSTANDING OF THE ASSIGNMENT The City of South Bend is looking to convert city -owned lighting fixtures on Dylan Drive and Parkland Drive to LED. This project is to also include the design of additional streetlights on Chet Waggoner Court. JPR is to utilize existing GIS data to develop a base plan from which to prepare the necessary construction documents and specifications. The Consultant is to coordinate the work with AEP for the anticipated electrical service step down conversion. New Tesco electrical service pointes are to be a part of this project. There are to be two different light fixtures for this project, which will include a shoe -box style light to be installed on the light poles in the southern half of Dylan Street and on Parkland (14 total light fixtures), and LED upgrade kits to be installed in the existing light fixtures along the northern half of Dylan Drive (22 total light fixtures). New lights that match the lights along the northern portion of Dylan Drive are to be used for Chet Waggoner Court. Per conversations with the City, it is understood that new wiring will be required for this proposed work as the existing wiring is older and needs to be replaced. It is anticipated that, based on the anticipated budget, this project will be sent out as a quote package. SCOPE OF SERVICES Task 1 .Base Plan Development, 1. JPR will utilize existing GIS data and shapefiles to prepare a base plan from which the Construction Documents and Special Provisions will be prepared. 2. JPR will obtain accurate locations of the electrical service points and lights poles and fixtures by GPS coordinated obtained by our survey crew. All data points will in imported into the base plans. Task DesLqn Services: 200 Nibco Parkway, Suite 200 325 S. Lafayette Blvd. 108 W. Columbia Street jpr1source.com Elkhart, IN 46516 South Bend, IN 46601 Fort Wayne, IN 46802 574.293.7762 574.232.4388 260.422.2522 Dylan Drive Lighting Improvements November 18, 2019 Page 2 of 3 JPR will prepare the Construction Documents and Special Provisions necessary for quoting purposes. The scope of services for this task is as follows: 1. Plan sheets that will include a plan over plan format showing the location of the existing and new streetlights.. These plans will include notes and callouts for all proposed improvements, new wiring, locations of proposed transformers, details, etc. 2. JPR will facilitate the necessary utility coordination efforts with AEP regarding the needed electrical step down conversion and to determine the appropriate location for the new transformer and electrical service point. 3. JPR will submit a 90% level Construction Document, Special Provisions set along with Cost Estimates set to the City for review. 4. JPR will attend a review meeting to discuss City comments from the review process and will make the necessary revisions to the plan. 5. JPR will submit the final Construction Document, Special Provisions and Quote Package to the City for quoting purposes. Task 3 - Bidding or i11 otiatin Phase: After acceptance by Owner of the quote documents and the most recent opinion of probable Construction Cost as determined from the 100% Construction Document submittal, and upon written authorization by Owner to proceed, Engineer shall: Assist Owner in advertising for and obtaining quotes for the Work and, where applicable, and maintain a record of prospective bidders to whom the quote package have been issued. Coordinate and facilitate a Pre -Quote Meeting with the potential bidding contractors. Issue addenda as appropriate to clarify, correct, or change the quote documents. Provide information or assistance needed by Owner in the course of any negotiations with prospective contractors. Consult with Owner as to the acceptability of subcontractors, suppliers, and other individuals and entities proposed by prospective contractors for those portions of the Work as to which such acceptability is required by the bidding documents. Attend the quote opening, prepare Bid tabulation sheets, and assist Owner in evaluating the quotes and in assembling and awarding contracts for the Work. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase. Task 4 - Construction Administration: Periodic reviews of site construction will be completed to ensure the contractor(s) is providing the level of quality that is required for the project. The construction administration services will include: 1. Reviews of site construction, when requested by the City, will be completed to ensure the Contractor(s) is providing the level of quality that is required for the project; 2. JPR will provide clarification/interpretations of the Contract Documents if such interpretations are necessary for the proper execution or progress of work; 3. JPR shall render written recommendations on claims, disputes and other matters in question between the owner and contractor relating to the execution or progress of the project as provided by the Contract Documents; Dylan Drive Lighting Improvements November 18, 2019 Page 3 of 3 4. Review and approve, or take other appropriate action and forward to the client for final disposition, the contractor's submittals such as Shop Drawings, Product Data and Samples with respect to Contract Documents produced by JPR; 5. Prepare responses to Request for Information (RFI) provided by the contractor; 6. Provide field reports describing observations, problems and recommended solutions; 7. Provide punch lists and based on site observations; 8. Conduct a Final Punch List site review; 9. Conduct inspections to determine the date or dates of Substantial Completion and the date of Final Completion; 10. Review and approve, or take other appropriate action on, the contractor's list of items to be completed or corrected. ESTIMATED FEES: The estimated total fee to provide the tasks outlined above are as follows Task 1 — Topographic Survey $2,145.00 Task 2 — Design Services $11,585.00 Task 3 — Bidding and Negotiation $895.00 Task 4 — Construction Administration $1,960.0l Total Estimated Fees: $16,585.00 REIMBURSABLE EXPENSES: JPR estimates a Reimbursable Expense of $500 for any additional expense related permit, submittals, etc.. This reimbursable expense will be billed on a time and material, not to exceed basis. EXCLUSIONS: Please be advised that the services and fees quoted above do not include the following activities: 1. Out -of -scope services (work will not commence on any out -of -scope services unless and until approved by client). Should you have any questions regarding this proposal, please do not hesitate to contact me at 574-232- 4388. Thank you for the opportunity to be of service. FriSirelO y, il- hock AICP Landscape Architect J:IProposals\City of South Bend120191Dylan Drive Lighting Improvements12019-11- 18_Dylan Drive Lighting Improvements_JPR.doc BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 11/18/19 Name Alicia Czarnecki Department �;n ilnee�r in BPW Date 11/26/19 Phone Extension 5903 MMMMMMIMpMdIdPoNNN MMMIIIMIIMIIMIIIIIIIMMMMMMMMM ...... Required Prior to Submittal to Board BPW Attorney Attorney Name Dept. Attorney 0 Attorney Name Purchasing Check al Services Agreement e —ement r[� Contract ract ❑I Open Market Contract Amendment/Addendum ❑ Bid Opening Bid Award ❑ Quote Opening Quote Award Proposal Opening C/O & PCA No. ❑ Chg. Order, No. E] Traffic Control Other: Reomuird Information All Submissions U Proposal Special Purchase, QPA 0 Req. to Advertise Reject Bids/Quotes [� PCA Resolution El Ease./Encroach ❑ Title Sheet Company or Vendor Name Jones Petrie Rafinski�ioratmon New Vendor ❑ Yes If Yes, Approved by Purchasing ❑ No MBE/WBE Contractor ❑] MBE Completed E-Verify Form Attached Nos Project Name DylanDriveLi htin lmprovements Project Number 119-047 Funding Source COIT Account No. 404-0602-431.31-06 ...................... Amount _ ._..... .... _�. ---- _ ��.�.�.�.�......�....m $f 7,085.00 Terms of Contract NTE �_............ ��.... ......_ w .....�.. �,e, Purpose/Description �....._�_- . _..... . -. ...... Pre care construction documentsands ecial rovisions for the conversion o cit -owned li is on D Ian and Parkland Drives to LED and the addition of street li hts on Chet Waggoner Court. Amount of Increase $ Decrease ($ )...... Previous Amount $ �.�.......... �6 ���� Increase % Current Percent of Change: Decrease_.%)..........................�.�.�............. NewAmount $........._.........�....�.._..�_�.............�.....�_a.__�._..�.�w�...._......... Increase % Total Percent of Change: ....... Decrease ( /°) Time Extension Amount: New Completion Date: