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HomeMy WebLinkAboutPSA - Design Services for Adding a Water Softener to Studebaker Fountain M & R – Jones Petri Rafinski Corporation  ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS Mr. Chris Chockley Jones Petrie Rafinski Corporation 325 S. Lafayette Blvd., Ste. 200 South Bend, IN 46601 cchockley@jpr1source.com RE: Professional Services Agreement Dear Mr. Chockley: At its March 23, 2021 meeting, the Board of Public Works approved the above referenced agreement for design services for adding a water softener to Studebaker Fountain M & R in the amount of $9,600. 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/ Anne Fuchs Anne Fuchs, Clerk Enclosures AF/lh March 23, 2021 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. AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of 0DUFKUG (“Effective Date”) between Board of Public Works, City of South Bend, Indiana ("Owner") and Jones Petrie Rafinski Corporation (“Engineer”). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: Studebaker Foundation Water Supply Modifications (“Project"). Engineer’s Services under this Agreement are generally identified as follows: Assist the City of South Bend in the preparation of Construction Documents and Specifications for the modifications to the existing water supply to the Studebaker Fountain. Please see attachment for detailed Scope of Services. Owner and Engineer further agree as follows: 1.01 Basic Agreement and Period of Service $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. %Engineer shall complete its services within a reasonable time, or within the following specific time period: &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 2 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 30 35 days of receipt. If Owner fails to make any payment due Engineer for services and expenses within 30 days after receipt of Engineer’s invoice, then the amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day. 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 credited first to interest and then to principal. 3.01 Termination A. The obligation to continue performance under this Agreement may be terminated: 1. For cause, a. By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement’s terms through no fault of the terminating party. Failure to pay Engineer for its services is a substantial failure to perform and a basis for termination. b. By Engineer: 1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer’s responsibilities as a licensed professional; or 2) upon seven days written notice if the Engineer’s services for the Project are delayed for more than 90 days for reasons beyond Engineer’s control. Engineer shall have no liability to Owner on account of a termination by Engineer under Paragraph 3.01.A.1.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. 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 3 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.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 5.01 General Considerations A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer’s services. Subject to the foregoing standard of care, Engineer and its consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. B. Engineer shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. C. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located. D. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor’s failure to furnish and perform its work in accordance with the contract between Owner and such contractor. Engineer is not responsible for variations between actual construction bids or costs and Engineer's opinions or estimates regarding construction costs. 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. 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 $10,000 or the total amount of compensation received by Engineer, whichever is greater. I. The parties acknowledge that Engineer’s scope of services does not include any services related to a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous substances or waste as defined by the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq., or radioactive materials). If Engineer or any other party encounters a Hazardous Environmental Condition, Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until Owner: (1) retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. J. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law. Page 5 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional 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 $9,600. (Please refer to attached Scope of Services) 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. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner: Engineer: City of South Bend, Indiana Board of Public Works 325 S. Lafayette Boulevard South Bend, IN 46601 By: By: Title: Elizabeth A. Maradik, President Title: Chris Chockley, Project Manager03-17 By: Title: Gary A. Gilot, Member By: Title: Joseph R. Molnar, Member By: Title: Jordan V. Gathers, Member By: Title: Attest: Title: Anne Fuchs, Clerk Date: Date: 03/17/2021 Engineer License or Firm's Certificate No. State of: Address for giving notices: Address for giving notices: 227 West Jefferson Boulevard South Bend, Indiana 46601 325 S Lafayette Blvd South Bend, IN 46601 Designated Representative (Paragraph 8.03.A): Designated Representative (Paragraph 8.03.A): Kara M. Boyles, Ph.D., P.E. Chris Chockley Title: City Engineer Title: Project Manager Phone Number: (574) 235-5933 Phone Number: 574-261-5287 Facsimile Number: (574) 235-9171 Facsimile Number: E-Mail Address:kboyles@southbendin.gov E-Mail Address: cchockley@jpr1source.com March 23, 2021 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 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 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 Studebaker Fountain Water Service Modifications February 19, 2021 Page 1 of 3 February 19, 2021 Venues Parks and Arts 219 South St. Louis Boulevard South Bend, 46601 Attention: Mr. John Martinez, Venues Parks and Arts. RE: PROFESSIONAL DESIGN SERVCIES FOR THE STUDEBAKER FOUNTAIN WATER SERVICE MODIFICATIONS IN SOUTH BEND, INDIANA. Dear John: 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 Studebaker Fountain was recently installed within the west Leeper Park area just south of Riverside Drive and west of Michigan Street. The water for this fountain is being fed directly from the City of South Bend municipal water. After the first season of running, mineral buildup on the fountain has taken place due to the composition of the water and this has created significant concerns. It is the desire of the City and Studebaker Fountain Committee to filter the incoming water before it is run through the fountain. Based on previous discussions, it is thought that the desired filtration equipment should be placed within the existing municipal water pump house located approximately 250’ southeast of where the fountain is located. The City and Committee have conducted research on what type of equipment should be used to filter the water and has received quotes from various companies for the desired equipment. This information has been provided to JPR and will be utilized during the design process. It is understood that they City of South Bend may have existing topographic survey of this area and will be provided to JPR for use in the development of the needed drawings. The City anticipates that this project will be sent out as a quote package due to preliminary cost estimates. SCOPE OF SERVICES Task 1 – Design Services: JPR will provide the following services for this project: 1. JPR will attend a project Kick-Off meeting to discuss the project planning and design goals, During this meeting, JPR will conduct a walkthrough of the existing pump house to evaluate the existing conditions and to determine the most appropriate location for the proposed water filtration equipment. Studebaker Fountain Water Service Modifications February 19, 2021 Page 2 of 3 2. JPR will utilize existing topographic survey information, provided by the City, to prepare a base plan that will be used for the development of the construction documents and quote package. 3. JPR will coordinate with City staff and Water Department to determine if a new water service tap near the pump house is possible or where the closest tap can be placed. 4. JPR will prepare the necessary plan sheets that show the location of a possible water service tap, extension of this new water line into the pump house, new filtration equipment and then the water service feed to the fountain. 5. JPR will also review the existing pump house building to see if a heating system is possible and to determine if insulation of this room is needed. JPR will coordinate with possible equipment providers to determine capabilities of full winterization. 6. JPR will prepare the necessary quote package documentation will includes Construction Document, and Special Provisions. Task 2 - Bidding and Negotiation A. Upon receiving the City’s approval of the Construction Document and Specifications, the JPR team shall provide the following Bidding and Negotiation services: 1) Prepare a Notice to Bidders. 2) Address Contractor questions and Request for Information. 3) Provide design addendums as necessary. 4) JPR will attend one (1) prebid and one (1) quote opening meeting. 5) Review quotes and make recommendations to the Client regarding awarding the project. A1.01 Construction Administration: A. 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 will be completed to ensure the Contractor(s) is providing the level of quality that is required for the project; 2) Based upon the on-site observations and evaluations of the Contractor’s Applications for Payment, assistance to the Client will be provided to determine the amounts due to the Contractor; 3) JPR will provide clarification/interpretations of the Contract Documents if such interpretations are necessary for the proper execution or progress of work; 4) 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; 5) 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; 6) Prepare responses to Request for Information (RFI) provided by the Contractor; 7) Prepare Change Orders for the Owner’s approval and execution; 8) Provide field reports describing observations, problems and recommended solutions; 9) Provide punch lists based on site observations; 10) Conduct inspections to determine the date or dates of Substantial Completion and the date of Final Completion; 11) Review and approve, or take other appropriate action on, the Contractor’s list of items to be completed or corrected. Studebaker Fountain Water Service Modifications February 19, 2021 Page 3 of 3 ESTIMATED FEES: The estimated total fee to provide the tasks outlined above are as follows: Task 1 – Design Services $7,550.00 Task 2 – Bidding and Negotiation $500.00 Task 2 – Construction Administration (NTE) $1,300.00 Total Estimated Fees: $9,350.00 REIMBURSABLE EXPENSES: JPR estimates that Reimbursable Expenses required to obtain project approval may be approximately $250. Anticipated Timeline: JPR will expend every possible effort on our part to move these tasks along in a productive and efficient manner. The project manager will continually update you during the entirety of our involvement. Exclusions: Please be advised that the services and fees quoted above do not include the following activities: x Out-of-scope services (work will not commence on any out-of-scope services unless and until approved by client) x Topographic Survey, It is understood that the City of South Bend has topographic survey data that was used for the recent improvement to Leeper Park. If this data is not available, JPR will provide an Additional Service Request to conduct a topographic survey for the project area. Again, thank you very much for this opportunity, and we look forward to being of service. Sincerely, Chris Chockley, PLA, AICP Landscape Architecture Department Manager J:\Proposals\City of South Bend\2021\Studebaker Fountain\2021-02-19_Studebaker Fountain VPA.doc SERVICE FEE SCHEDULE Effective January 1, 2020 Category Standard Rate Code JPR Officer $200.00 OFF Principal Staff $175.00 PPS Management Staff $150.00 MS Professional Engineer $140.00 PE Professional Architect $140.00 RA Professional Landscape Architect $140.00 PLA Professional Surveyor $140.00 PS Professional Geologist $140.00 PG Certified Planning Professional $140.00 PP Certified GIS Professional $140.00 GISP Environmental Professional $140.00 EP Graduate Staff $105.00 GS Engineering Dept. Support Staff $ 85.00 EDS Architecture Dept. Support Staff $ 85.00 ADS Landscape Arch. Support Staff $ 85.00 LDS Clerical & Account Staff $ 80.00 CAS Survey Dept. Support Staff $ 75.00 SDS Environmental Dept. Support Staff $ 60.00 ENS 2-Person Survey Crew $140.00 2PC Field Geologist $125.00 FG 1-Person Survey Crew $105.00 1PC Environmental Field Technician $ 85.00 EFT Resident Project Representative $ 85.00 RPR Utility Operations Field Technician $ 80.00 UFT Direct expenses such as printing/copies, messenger/delivery services, shipping expenses, permit application fees, sub-consultants, or sub-contractors, etc., that are paid for by JPR Corp. on behalf of client will be passed on with a 10% markup in most cases, and is defined and stipulated within project specific agreements and/or contracts. For inquiries regarding this information, please contact us via phone at any of the numbers provided below or you may do so via email at accounting@jpr1source.com. I:\Accounting - Public\Standard Hourly Rates\2020-01-01 JPR Service Fee Schedule - Standard Rates.docx Friends of the Studebaker Fountain, Inc 814 Marietta St South Bend, IN 46601 Aaron Perri, Executive Director of Venues, Parks and Arts, the City of South Bend March 11, 2021 RE: Studebaker Fountain Dear Aaron, This letter will serve to confirm the agreement that the Friends of the Studebaker Fountain Committee (SFC) will send a check to the City of South Bend Board of Parks Commissioners (Parks Board) in the amount of $25,000 (twenty-five thousand) in accordance with, and in full satisfaction of, its obligation pursuant to Section 1. Foundation Duties of the Collaboration Agreement signed February 2017. The City of South Bend, acting through its Parks Board, and through the South Bend’s Venues Arts and Parks Department, has agreed to use these funds exclusively for the payment of the estimated expenses of installing a water softener system at the Studebaker Fountain located in Leeper Park. The Friends of the Studebaker Fountain will donate to the city of South Bend the additional sum of $25,000 (twenty-five thousand) which is also to used exclusively towards the payment of the estimated expenses for the installation of the water softening system for the Studebaker Fountain. We look forward to working with the city on this project. Please confirm to me this letter accurately reflects the agreement we have reached with the City of South Bend, by signing and returning a copy of this letter to me. Vicki McIntire, President of the Friends of the Studebaker Fountain CC: Clara McDaniels, Attorney, City of South Bend, IN Aaron Perri, Director of VPA for the City of South Bend and on behalf of the Board of Park Commissioners __________ day of March 2021 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 03/16/2021 Name: Patrick Sherman Department of Venues Parks & Arts BPW Date: 03/23/2021 Phone Extension:5601 Required Prior to Submittal to Board BPW Attorney X Attorney Name Clara McDaniels Dept. Attorney Attorney Name Clara McDaniels Purchasing Check the Appropriate Item Type – Required for All Submissions Professional Services Agreement Contract Proposal Open Market Contract Amendment/Addendum Special Purchase, QPA Bid Opening Bid Award Req. to Advertise Title Sheet Quote Opening Quote Award Reject Bids/Quotes Proposal Opening C/O & PCA No. PCA Chg. Order, No. Traffic Control Resolution Other: Ease./Encroach Required Information Company or Vendor Name Jones Petri Rafinski New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Studebaker Fountain M&R Project Number PROJ00000250 Funding Source Fund 201: Account No. PR/PO #8113 Amount $9,600.00 Terms of Contract For the design of adding a water softener to Studebaker Fountain Purpose/Description For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: