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HomeMy WebLinkAboutPSA - Engineering Services for Signal Detection Improvements at Seven (7) Intersections - 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 engineering services for the signal detection improvements at seven (7) intersections in the amount of $33,610. 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, s/Linda M. Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK JORDAN V. GATHERS JOSEPH R. MOLNAR INTER -OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENVIRONMENTAL SERVICES TO: Board of Public Works Clara McDaniels, Assistant City Attorney Public Works Linda M. Martin, Clerk FROM: Leslie Biek, P.E., Assistant City Engineer SUBJECT: PN:120-046 Signal Detection Improvements (PROJ00000240; PR-00005908) PSA with JPR DATE: December 7, 2020 Attached is a Professional Services Agreement with Jones Petrie Rafinski (JPR) to perform engineering services for the Signal Detection Improvements project (PN: 120-046). The project involves replacing or improve existing signal detection systems at seven (7) intersections maintained by the City. Improvements include replacement of existing loops, new detection cameras (FLIR), and signal head replacements, and easement legal descriptions as needed. The intersections include: - Hickory and Catalpa - Hicory and Miracle Lane - Ironwood and Calvert - Erwing/Dragoon and Ironwood - Ireland Rdand Gates/Walmart entrance - Main St and Ireland Rd - St Joseph and Ireland Rd. Some of these intersections are jointly owned by the City of Mishawaka. A joint service agreement will be sought with Mishawaka to determine financial responsibility between the two entities. It has generally been agreed in the past that Mishawaka is responsible for the improvements to the intersections, while South Bend is responsible for the maintenance. The project is expected to bid in the spring with construction over the summer of 2021 Funding: 2020 Signal Funding 251-06-600-506-436010. It is requested the Board of Public Works approve the Professional Services Agreementwith JPR for engineering services for the Signal Detection Project (PR: 120-046) for a contract price of $33,610. Thank you for your consideration of this request. J J O N E S j 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 November 9, 2020 Division of Engineering 1316 County -City Building 227 West Jefferson Boulevard South Bend, IN 46601 Attention: Ms. Leslie Biek P.E., Assistant City Engineer RE: ENGINEERING DESIGN SERVICES — CITY OF SOUTH BEND TRAFFIC SIGNAL DETECTION IMPROVEMENTS Dear Ms. Biek: The City of South Bend is looking to replace or improve existing street intersection signal detection systems at various locations throughout the city. These improvements include replacement of existing loop detection, new FLIR cameras, and signal head replacement. On Friday, September 25, 2020, JPR conducted site visits with City staff to review the various intersections. The list of locations of the desired signal detection improvements as discussed is as follows: 1. Hickory & Catalpa (FLIR camera replacement) 2. Hickory & Miracle Lane (Signal loop system repair/replacement and service point replacement) 3. Ironwood and Calvert (Signal improvements with FLIR system) 4. Ewing/Dragoon & Ironwood (New FLIR system) 5. Ireland Road & Gates/Walmart (Loop system replacement) 6. Main Street and Ireland Road (Loop system replacement) 7. St. Joseph & Ireland Road (Loop system replacement) The scope of the desired design services is understood to include the following tasks: o Field checks/measurements. o Base plan development utilizing GIS shapefiles and aerial photography (GIS data to be provided by the City of South Bend); o Inclusion of pedestrian signal push buttons where intersections have detection system and not are not on straight timing. New push button system shall meet ADA requirements; o Access easement to be prepared and procured by JPR; o Preparation of preliminary plan drawings, specifications, and cost estimates; o Meetings with the City as needed for review of preliminary plan drawings; o Revisions of plan drawings, specifications, and cost estimates based on City review comments for preparation of final contact documents for going to bids; o Assistance to the City during the advertising/bidding/bidder questions/awarding and contract preparation for the awarded bid; 300 Nibco Parkway, Suite 250 325 S. Lafayette Blvd, 108 W. Columbia Street jpr1 source.com Elkhart, IN 46516 South Bend, IN 46601 Fort Wayne, IN 46802 574.293.7762 574.232.4388 260.422.2522 COSB-Traffic Signal Detection Improvements November 9, 2020 Page 2 of 2 o Attendance at a pre -construction meeting; o Construction Administration during construction phase, (Time and Expense, Not to Exceed basis). The proposed fees for the understood scope of services as described above are summarized as follows, based on JPR current standard hourly rates for various JPR staff (see attached proposed fee calculation information and current JPR standard hourly rates.) This proposal does not include any of the following services: • R/W acquisition; environmental permitting; INDOT coordination; construction inspection; construction materials testing, • Topographic Survey. Since this project in a on a fast track schedule to get the project bid out by the end of 2020, detailed topographic survey services are not included in this project. GIS data will be utilized for the development of base plans and field checks will be conducted to verify measurements. • ADA curb ramp design. Estimated Total Fees (Time & Materials) = $33,610.00 It is proposed that any desired signal detection improvements added to the scope of work by the City would be proposed by an amendment to the agreement for City review and approval. Thanks very much for contacting JPR on this project. Please contact me with any questions or if you need any additional information. Si rely, � )� 0>� L/11/111 Chris Chockl , LA, AICP Landscape Architect Certified Planner JAProposals\City of South Bend\2020\2020-11-09_Intersection Imp rove m e nts_J P R. d ocx EJCDC...-- ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of Date") between Board of Public Works, City of South Bend, Indiana ("Owner") and Jones Petrie Rafinski Corporation(` Engineer") ("Effective Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: City of South Bend Traffic Signalprovements ("Project"). Engineer's Services under this Agreement are generally identified as follows: Development of Construction Documents and Special Provisions for improvement to existing traffic signal detection systems at several intersections throughout the City of South Bend. Proposed improvements include loop detection replacement, new FLIR cameras, new pedestrian crossingpushbuttons, and signal equipment replacement. The list of locations of desired signal detection improvements as discussed are as follows: 1. Hickory & Catalpa (FLIR camera replacement) 2. Hickory & Miracle Lane (Signal loop system repair/replacement & service point replacement) 3. Ironwood and Calvert (Signal improvements with FLIR system) 4. Ewing/Dragoon & Ironwood (New FLIR system) 5. Ireland Road & Gates/Walmart (Loop system replacement) 6. Main Street and Ireland Road (Loop system replacement) 7. St. Joseph & Ireland Road (Loop system replacement) Please refer to attached Jones Petrie Rafinski for detail on proposed Scope of Services and Fees. Owner and Engineer further agree as follows: 1.01 Basic Agreement and Period of Service A. Engineer shall provide, or cause to be provided, the services set forth in this Agreement. If authorized by Owner, or if required because of changes in the Project, Engineer shall furnish Page 1 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. services in addition to those set forth above. Owner shall pay Engineer for its services as set forth in Paragraphs 7.01 and 7.02. B. Engineer shall complete its services within a reasonable time, or within the following specific time period: It is anticipated that the City desire to go to bids with the completed des i nn of Contracts Document by the end of 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 M 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. if Ov�%er- fails te make any payment &e Engineer- for- sefviees and expenses within fate ef days after- r-eeeipt of Engineer's invoiee, then the amotints due Engineer- will be iner-eased at the ,; per- menth (er- the ma-xiffmin rate of interest pefmitted by law, if less) fr-efn sai thii �� 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 I.A. Lb. 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 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. notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such parry has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. For convenience, by Owner effective upon Engineer's receipt of written notice from Owner. B. The terminating party under Paragraph 3.01.A may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. C. In the event of any termination under Paragraph 3.01, Engineer will be entitled to invoice Owner and to receive full payment for all non -disputed services performed or furnished in accordance with this Agreement and all reimbursable expenses incurred through the effective date of termination. 4.01 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.13 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. Page 3 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright C 2008 National Society of Professional Engineers for EJCDC. All rights reserved. B. Engineer shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. C. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located. D. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in accordance with the contract between Owner and such contractor. Engineer is not responsible for variations between actual construction bids or costs and Engineer's opinions or estimates regarding construction costs. E. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any of their agents or employees or of any other persons (except Engineer's own employees) at the Project site or otherwise furnishing or performing any construction work; or for any decision made regarding the construction contract requirements, or any application, interpretation, or clarification of the construction contract other than those made by Engineer. F. The general conditions for any construction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents Committee (EJCDC C-700, 2007 Edition) unless the parties agree otherwise. G. The Owner acknowledges the Engineer's construction documents, including all electronic files, as instruments of professional services. Owner shall have a limited license to use the documents on the Project, extensions of the Project, and for related uses of the Owner, subject to the following limitations: (1) Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; (2) any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and consultants; (3) Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not create any rights in third parties. Nevertheless, the final construction documents, including all electronic files, prepared under this agreement shall become the property of the Owner upon completion of services and payment in full of all monies due to the Engineer. H. To the fullest extent permitted by law, Owner and Engineer (1) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and consultants, any and all claims 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 $33,110 or the total amount of compensation received by Engineer, whichever is greater. Page 4 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright C 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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. 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 $33,610.00. (i) Engineering Services $22,190.00 (ii) Bidding and Negotiation Phase $ 3,040.00 (iii)Construction Services (NTE) $ 7,880.00 (iv) Reimbursable Expenses (NJ E) $ 500.00 Attachments: Appendix 1, Engineer's Standard Hourly Rates Page 5 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner: BOARD OF PUBLIC WORKS Gary A. Gilot, President Elizabeth A. Maradik, Member Jordan V. Gathers, Member Joseph R. Molnar, Member ATTEST 1'E S' I': �irrr�ir CR(urz�tr Linda M. Martin, Clerk Date: December 17, 2020 Engineer: Jones Petrie Rafinski Corporation By: Chris Chockle , PLA Title: Landscape Architect Date: 11-9-2020 Engineer License or Firm's Certificate No. State of: Address for giving notices: Address for giving notices: 227 West Jefferson Boulevard 325 South Lafayette Boulevard South Bend, Indiana 46601 South Bend, IN 46601 Designated Representative (Paragraph 8.03.A): Designated Representative (Paragraph 8.03.A): Kara M. Boyles, Ph.D., P.E. Mark Wilson, PE Title: City Engineer Title: Senior Phone Number: (574) 235-5933 Phone Number: 574-232-4388 Facsimile Number: (574) 235-9171 Facsimile Number: E-Mail Address: kboyles(a,southbendin.gov E-Mail Address: mwilson@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. Hourly rates for services performed on or after the date of the Agreement are: EJCDC.___._1 ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE This is Appendix 1, Engineer's Standard Hourly Rates, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services dated , Engineer's Standard Hourly Rates A. Standard Hourly Rates: 1. Standard Hourly Rates are set forth in this Appendix 2 to this Exhibit C and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non -project operating costs, and operating margin or profit. 2. The Standard Hourly Rates apply only as specified in Article C2. B. Schedule: Chief Executive Officer $275.00 Financial a/o Operating Officer $200.00 Principal Staff $165.00 Management Staff $145.00 Professional Staff II $140.00 Professional Staff I $125.00 Project Management Staff $125.00 Graduate Staff $ 95.00 Clerical II $ 80.00 Clerical $ 70.00 Utility Operations Field Technician $ 80.00 Environmental Field Technician $ 85.00 Field Geologist — Special Testing Equipment Req'd $125.00 Resident Project Representative $ 85.00 Support Technician II $ 85.00 Support Technician I $ 70.00 Field Surveyor(s) — 2 Man Crew* $135.00 Field Surveyor(s) — 2 Man Crew $200.00 Land Survey Field Technician (1 Man Crew) $105.00 Appendix 1, Standard Hourly Rates Schedule EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 Fee / Manhour Justification *RJCD,MES PETRIE RAFINSKI Project: COSB: Signal Detection Improvements Date: 12/7/2020 Professional Prepared By: MEW Clerical Staff Staff Type = 2MC ST II II GS PM 1 II MS MS PPS CFO CEO Item Hours Total Fee Rate $135 $85 $80 $105 $125 $125 $140 $145 $145 $165 $200 $275 Construction Documents and Special Provisions Field checks/measurements 20.0 $2,450 Prepare preliminary documents 78.0 $8,560 City Meetings 18.0 $2,530 Revision of preliminary contract documents & estimates 40.0 $4,420 Access Easements 30.0 $4,230 Sub -Total: $22,190 Bidding and Negotiation Bid Document Preparation 6.0 $700 Advertisement for Bidding 2.0 $280 Pre -Bid Meeting 4.0 $570 Contractor Questions and Addendums 6.0 $700 Bid Opening 1.0 $140 Bid Review and Recommendations 6.0 $650 Sub -Total: $3,040 Construction Administration Site Visit 18.0 $2,250 RFI Response 10.0 $1,120 Shop Drawing Submittal Review 10.0 $1,120 Change Order Preparation 4.0 $490 Field Reports 10.0 $1,140 Punch List 8.0 $980 Project Administration 6.0 $780 Sub -Total: $7,880 Reimbursables Reimbursables $500 36 12 34 2 10 11 2 36 W Jones Petrie Raflnskl Corp. J:\Proposals\City of South Bend\2020\Signal Detection Improve ments\2020-09-30_ COSB Signal Detection Improvements —Fee Justification —Revised 12/7/2020 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 12/7/2020 Name Leslie Biek, PE Department PW BPW Date 12/17/2020 Phone Extension Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name Larry King and Inclusion Officer BPW Attorney ® Attorney Name Dept. Attorney ® Attorney Name Purchasing ® Ron O'Connor 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. Amount Clara McDaniels Clara McDaniels — Reauired for All Submissions ❑ Amendment/Addendum ❑ Bid Award ❑ Quote Award ❑ C/O & PCA No. ❑ Traffic Control Information Jones Petrie Rafinski U Proposal ❑ Special Purchase, QPA ❑ Req. to Advertise ❑ Reject Bids/Quotes ❑ PCA ❑ Resolution Ease./Encroach Yes U If Yes, Approved by Purchasing ❑ Title Sheet ® No ❑ MBE Completed E-Verify Form Attached ❑ Yes No Signal Detection Improvements 120-046 2020 Signal Funding 251-06-600-506-436010 $33,610 Terms of Contract Development of Construction Documents Purpose/Description Improvements to existing traffic signals at seven (7) intersections maintained by the City. Some intersections are jointly owned with Mishawaka. 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: