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HomeMy WebLinkAboutPSA - Dylan Drive Lighting Updates - Jones Petrie Rafinski ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MICOU 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 October 22, 2024 Mr. Robert Heiden Jones Petrie Rafinski 325 S. Lafayette Blvd. South Bend, IN 46601 rheiden@jpr1source.com RE: Professional Services Agreement Dear Mr. Heiden: At its October 22, 2024 meeting, the Board of Public Works approved the above referenced agreement for updating project plans and specifications from 2020 to bid in 2025 for Dylan Drive Lighting Updates in an amount of Not to Exceed $11,100. Enclosed please find a copy of the agreement for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/hh 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 _________________________ (“Effective Date”) between Board of Public Works, City of South Bend, Indiana ("Owner") and Jones Petrie Rafinski ______________________________________________________(“Engineer”). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: Dylan Drive Lighting Update _______________________________________________(“Project"). Engineer’s Services under this Agreement are generally identified as follows: Design Services, Construction Plans and Specifications, Bidding or Negotiating Phase, and Construction Administration as further described in the attached Professional Consulting Services for City of South Bend Dylan Drive Lighting Update Proposal dated Sept 16, 2024. Please refer to the attached document. Owner and Engineer further agree as follows: 1.01 Basic Agreement and Period of Service C.If the Project includes construction-related professional services, then Engineer's time for completion of services is conditioned on the time for Owner and its contractors to complete construction not exceeding _N/A_ months. If the actual time to complete construction exceeds the 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 the desire of the City to have 100% plans and specifications completed by December 2024. JPR will modify prior plans from 2019-2020 and be ready to bid in January 2025. JPR will organize and run a pre-bid meeting with potential contractors. C. 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. 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 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. 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. 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.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. 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. 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 $50,000 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. 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. 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 $34,900. Attachments: Appendix 1, Engineer's Standard Hourly Rates 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 Jones Petrie Rafinski By: By: Robert Heiden Title: Elizabeth A. Maradik, President Title: Project Manager By: Title: Joseph R. Molnar, Vice President By: Title: Gary A. Gilot, Member By: Title: Murray L. Miller, Member By: Title: Breana N. Micou, Member Attest: Title: Theresa M. Heffner, Clerk Date: Date: 2024-09-16 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. Robert Heiden Title: City Engineer Title: Project Manager Phone Number: (574) 235-5933 Phone Number: 574-232-4388 Facsimile Number: (574) 235-9171 Facsimile Number: E-Mail Address:kboyles@southbendin.gov E-Mail Address:rheiden@jpr1source.com October 22, 2024 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 August 6, 2024. 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 JONES PETRIE RAFINSKI CORP. Principal PPS Management Staff I MS1 Management Staff II MS2 Professional Engineer I PE1 Professional Engineer II PE2 Professional Architect RA Professional Landscape Architect PLA Professional Surveyor PS Professional Geologist PG Graduate Staff GS Engineering Dept. Support Staff EDS Architecture Dept. Support Staff ADS Landscape Arch. Support Staff LDS Survey Dept. Support Staff SDS Utility Operations Support Staff UMS Environmental Dept. Support Staff ENS Survey Field Services Technician 1 SFS1 Survey Field Services Technician 2 SFS2 Environmental Field Technician EFT Resident Project Representative 1 RPR 1 Resident Project Representative 2 RPR 2 Utility Operations Field Technician UFT Certified Public Accountant CPA Clerical & Accounting Staff I CAS1 Clerical & Accounting Staff II CAS2 Information Technology Services IT Marketing Services MTG Human Resources HR Service Fee Schedule(s): Effective 2024-01-01 Standard Hourly Rates $250 $225 Activity Code $115 $110 $115 $115 $175 $115 PROJECT SUPPORT $200 $160 $160 $160 $160 $148 $148 $125 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 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 further defined and stipulated within project specific agreements and/or contracts. $115 $115 $125 $125 $160 $120 $90 $150 $115 $90 OVERHEAD SUPPORT $125 $115 J:\Admin\Accounting - Public\Service Fee Schedule(s)\2024-01-01 JPR Service Fee Schedule - Standard Rates South Bend Dylan Drive Lighting Update May 24, 2024 Page 1 of 5 L May 24, 2024 City of South Bend Division of Engineering 1316 County-City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 Attention: Ms. Gemma Stanton, Project Engineer RE: PROFESSIONAL CONSULTING SERVICES FOR CITY OF SOUTH BEND DYLAN DRIVE LIGHTING UPDATE, SOUTH BEND, INDIANA Dear Gemma: 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 update our past information and see this project through to fruition. UNDERSTANDING OF THE ASSIGNMENT The City of South Bend has requested to update the tabled plan drawings for the Dylan Drive Lighting project from 2019 and make any necessary updates to plans specifications and estimate to take the project to bid. JPR can provide services for existing base file update of GIS information, to include new construction, drives, and parcel information, as well as edit and coordinate any necessary lighting and plan changes to the construction documents. SCOPE OF SERVICES Task 1 – Design Services Update: JPR will update the Construction Documents and Special Provisions necessary for bidding purposes. The scope of services for this task is as follows: 1. Existing plan sheet updates will include the following: a. Plan Sheets indicating proposed lighting locations and electrical run layouts. Plans are to indicate potential restoration limits. b. New Service Location and AEP Coordination and Electrical Details c. Landscape Restoration Information d. Site Construction Details – Various Construction Details 2. JPR will submit a 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. South Bend Dylan Drive Lighting Update May 24, 2024 Page 2 of 5 Task 2 - 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 with City staff and attend 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. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase. Task 3 - 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. South Bend Dylan Drive Lighting Update May 24, 2024 Page 3 of 5 ESTIMATED FEES: The estimated total fee to provide the tasks outlined above are as follows: Task 1 – Design Service Update $6,000.00 Task 2 – Bidding and Negotiation $1,500.00 Task 4 – Construction Administration (Hourly, NTE) $3,600.00 Total Estimated Fees: $ 11,100.00 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. Topographic or Boundary Survey 3. Meetings with adjoining property owners. 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. Sincerely, Robert Heiden Project Manager, Graduate Landscape Architect J:\Proposals\City of South Bend\2024\Dylan Dr Lighting Refresh\2024-05-24_SB Dylan Dr Lighting Update Proposal.doc BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 10/08/2024 Name: Gemma Stanton Department of Public Works – Engineering Division BPW Date: 10/22/2024 Phone Extension: 9083 Required Prior to Submittal to Board BPW Attorney X Attorney Name Dept. Attorney Attorney Name 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 JPR New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Dylan Drive Lighting Updates Project Number 119-047 Funding Source PROJ-570 Account No. PR#00036551 Amount $11,100 Terms of Contract NTE Special Contract Provisions Purpose/Description Updating project plans and specs from 2020 to bid in 2025. 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: