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HomeMy WebLinkAboutPSA - Design Plans for Lighting & Minor Streetscape Work on Michigan St. North of Monroe St. – Jones Petrie Rafinski Corp.1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS December 17, 2020 Mr. Chris Chockley Jones Petrie Rafinski Corporation 325 S. Lafayette Blvd., Ste. 200 South Bend, IN 46601 cchockley(&iprl source.com 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 December 17, 2020, approved the above referenced agreement for design plans for lighting and minor streetscape work on Michigan St. North of Monroe St. in the amount of $25,545. Enclosed please End 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, s/Linda M. Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK JORDAN V. GATHERS JOSEPH R. MOLNAR O N E S P E T R I E R A F I N S K I Land Surveying - Civil Engineering - Planning - Architecture - Project Funding - GIS - Environmental - Renewable Energy - Landscape Architecture December 9, 2020 City of South Bend Division of Engineering 1316 County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 Attention: Ms. Zach Hurst, P.E., Project Engineer RE: PROFESSIONAL CONSULTING SERVICES FOR MICHIGAN STREETSCAPE IMPROVEMENTS, SOUTH BEND, INDIANA Dear Zach: 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 for a consulting firm to assist in the preparation of design and development of Construction Documents for limited streetscape improvements on the west side of Michigan Street between Monroe Street and Western Avenue. The property owners of the DeNolf's building mentioned to the City of South Bend that the existing pedestrian lights are no longer working and that the existing raised tree planting beds are deteriorating. Based on our Scoping Meeting held on October 20, 2020 it is our understanding that based on limited funds the proposed work scope is to include the removal of the existing globe lights, installation of new pedestrian lights that match the new lights on Michigan Street north of Western Avenue, and repairs to the existing raised brick planters. The existing service point that may be utilized for the new street lights is located at the southeast corner of the Michigan Street and Monroe Street. Per conversations with the City and per our site visit it is understood that it is the City's desire to retain the existing street trees that are within the existing raised planting beds. SCOPE OF SERVICES Task 1 — Topographic Survey: Topographic survey services will be limited to the west side of Michigan Street from Monroe Street to Western Avenue. The scope of services for this task will be to complete the topographic survey for this project. Topographic survey services for each of the areas will include: • Setting horizontal and vertical control; • Spot elevations and 1-foot contours, 300 Nibco Parkway, Suite 250 325 S. Lafayette Blvd, 108 W. Columbia Street jpr1 source.com ElkharL, IN 46516 South Bend, IN 46601 Fort Wayne, IN 46802 574.293.7762 574.232.4388 260.422.2522 Michigan Streetscape Improvements December 9, 2020 Page 2 of 4 • Locating existing utility lines based upon locates performed by Indiana 811 Call Before You Dig. Please note that any private utilities that are not part of the Indiana 811 Call Before You Dig program will not be located by this company. If there are any private utilities located on this site you will need to contact that entity to have those utilities located; • All visible above -ground features observed during the course of the survey, • Finished floor elevations, • Temporary Bench Marks (TBMs) as needed, • Reduce all collected data to update the existing map of the site for the Engineer to use in site design. Task 1 — Design Services: JPR will prepare the Construction Documents and Special Provisions necessary for bidding purposes. The scope of services for this task is as follows: 1. Plan sheets will include the following: a. Demolition Plan — indicating existing structures, curbs, pavements and plant material to be removed. b. Plan Sheets indicating proposed minor grading and drainage, and proposed site improvement layouts. Plans are to indicate potential pavement removal and restoration limits. c. Erosion Control Plans d. Landscape Planting Plan and Details e. Lighting Plan and Details f. Site Construction Details — Various details to support the development of the Construction Documents will be provided. 2. JPR will submit a preliminary design layout for City approval. Upon approval JPR will commence with the development of 90% level Construction Document and Specification set to the City for review. 3. JPR will attend a review meeting to discuss City comments from the review process and will make the necessary revisions to the plan. 4. JPR will submit the final Construction Document, Special Provisions and Bid Tabs to the City for bidding purposes. Task 4 - Bidding or Negotiating Phase: After acceptance by Owner of the bidding 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: 1. Assist Owner in advertising for and obtaining bids or proposals for the Work and, where applicable, and maintain a record of prospective bidders to whom Bidding Documents have been issued. 2. Coordinate and facilitate a Pre -Bid Meeting with the potential bidding contractors. 3. Issue addenda as appropriate to clarify, correct, or change the bidding documents. 4. Provide information or assistance needed by Owner in the course of any negotiations with prospective contractors. 5. 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. 6. If bidding documents require, the Engineer shall evaluate and determine the acceptability of "or equals" and substitute materials and equipment proposed by bidders. 7. Attend the Bid opening, prepare Bid tabulation sheets, and assist Owner in evaluating Bids or proposals and in assembling and awarding contracts for the Work. Michigan Streetscape Improvements December 9, 2020 Page 3 of 4 The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase. Task 5 - 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; 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 $3,000.00 Task 2 — Design Services $17,655.00 Task 2 — Bidding and Negotiation $1,195.00 Task 3 — Construction Administration (Hourly, NTE) $3,195.00 Total Estimated Fees: $25,045.00 REIMBURSABLE EXPENSES: JPR estimates a Reimbursable Expense of $500. 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). 2. It is not anticipated that improvements to existing utilities including storm and sanitary sewer and water will be required for this project. Therefore, utility plans are not included in this proposal. 3. Meetings with adjoining property owners. Michigan Streetscape Improvements December 9, 2020 Page 4 of 4 4. Construction staking, construction testing, construction inspection. Work will begin immediately upon receipt of a signed copy of this proposal. If the project is ongoing, our services will be billed monthly on a percent complete basis. Payment is due upon receipt of our invoice. Work may be suspended on any account which is 30 days past due until the account is paid in full. We reserve the right to charge monthly interest at the rate of 1.5% if the account is past due (18% annually). Should you have any questions or comments concerning our services or charges during the course of the work, please bring them to our attention immediately so that any problem can be resolved quickly. 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. Si rely, M " �risChockl CA, AICP Landscape Architect, Planner J:1Proposals\City of South Bend120201South Bend Drainage Improvements12020-10- 09_South Bend Drainage Improvements Proposal Attachment.doc EJCDC...-- ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of Date") between 12/17/2020 Board of Public Works, City of South Bend, Indiana ("Owner") and ("Effective Jones Petrie Rafinski Corporation ("Engineer"). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: 120-055 Michigan Street Lighting at Monroe ("Project"). Engineer's Services under this Agreement are generally identified as follows: The City of South Bend is looking to provide minor streetscape improvements on the west side of Michigan Street between Monroe Street and Western Avenue. The improvements are to include new pedestrian lights to match the existing light styles that was a part of the Two-way street project and repairs to the existing raised tree planting beds. New electrical service required for these new lights will require concrete pavement removal and replacement. Refer to the attached document for a detailed Scope of Services for this project. 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. 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. Page 1 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2.01 Payment Procedures A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. Invoices are due and payable within 39 35 days of receipt. if Ovffier- fails to make any payment &e Engineer- for- sefviees and expenses within fate ef days after- r-eeeipt of Engineer's invoiee, then the amotints "e Engineer- will be iner-eased at the ,; per- menth (er- the maxiffmin rate of interest pefmitted by law, if less) fr-efn sai th:ft� 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. Payments will be er-edited first te interest and then to pr-ineipah 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.A. I.b. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.0I.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. 2. For convenience, by Owner effective upon Engineer's receipt of written notice from Owner. B. The terminating party under Paragraph 3.01.A may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. Page 2 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. C. In the event of any termination under Paragraph 3.01, Engineer will be entitled to invoice Owner and to receive full payment for all non -disputed services performed or furnished in accordance with this Agreement and all reimbursable expenses incurred through the effective date of termination. 4.01 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.13 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 Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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 $26,985 or the total amount of compensation received by Engineer, whichever is greater. L 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 4 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers 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 —Lump Sum A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1. A Lump Sum amount of $25,045 (See attached Fee Justification spreadsheet) B. The portion of the compensation amount billed monthly for Engineer's services will be based upon Engineer's estimate of the percentage of the total services actually completed during the billing period. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner: BOARD OF PUBLIC WORKS Gary A. Gilot, President n — Elizabeth A. Maradik, Member Jordan V. Gathers, Member Joseph R. Molnar, Member ATTEST: �indr G4-ra72irz Linda M. Martin, Clerk Engineer: 325 S. Lafayette Boulevard South Ben , Indian 6601 By: Title: 's Chockl , roject Manager Date: 12-09-202 Engineer License or Finn's Certificate No. State of: Address for giving notices: Address for giving notices: 227 West Jefferson Boulevard 325 S. Lafayette Boulevard South Bend, Indiana 46601 South Bend, Indiana 46601 Designated Representative (Paragraph 8.03.A): Designated Representative (Paragraph 8.03.A): Kara M. Boyles, Ph.D., P.E. Chris Chockley, PLA Title: City Engineer Title: Project Manager Page 5 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright c0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. Phone Number: (574) 235-5933 Phone Number: Facsimile Number: (574) 235-9171 Facsimile Number: E-Mail Address: kboyles(a,southbendin.Qoy E-Mail Address: 574-232-4388 cchockley@jprlsource.com Page 6 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. EJCDC- 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 12/17, 2020 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: See Attached 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. Page 1 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 12/10/2020 Name Zach Hurst Department DPW BPW Date 12/17/2020 Phone Extension 3057 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney ❑ Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item I Professional Services Agreement ❑ Contract ❑ Open Market Contract ❑ Bid Opening ❑ Quote Opening ❑ Proposal Opening ❑ Chg. Order, No. I-1 Other: Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. ❑ Amendment/Addendum ❑ Bid Award ❑ Quote Award ❑ C/O & PCA No. ❑ Traffic Control Information Jones Petrie Rafinski All Submissions U Proposal ❑ Special Purchase, QPA ❑ Req. to Advertise ❑ Title Sheet ❑ Reject Bids/Quotes ❑ PCA ❑ Resolution Ease./Encroach Yes U If Yes, Approved by Purchasing ® No ❑ MBE Completed E-Verify Form Attached ❑ Yes No Michigan Street Lighting at Monroe 120-055 COIT PR-00005967 Amount $25,545.00 Terms of Contract Split by phase for design, procurement, and construction admin. Purpose/Description PSA for design plans for lighting and minor streetscape work on Michigan Street, just north of Monroe Street. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount Current Percent of Change New Amount Total Percent of Change: Time Extension Amount: Increase Decrease Increase Decrease New Completion Date: