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HomeMy WebLinkAboutPSA - Walker Field Shelterhouse Restoration Project Proj No 123-058 - K. W. Garner Consulting & Design1316 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 January 14, 2025 Mr. Kurt West Garner K.W. Garner Consulting & Design 12954 61h Road Plymouth, IN 46563 kw . ag rner&kwgarner.com RE: Professional Services Agreement Dear Mr. Kurt West Garner: At its January 14, 2025 meeting, the Board of Public Works approved the above referenced agreement for Walker Field Shelterhouse Restoration Project 2025, Project No. 123-058 in the amount not to exceed $5,000 (Hourly Rate). 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 Hefner Theresa Heffner, Clerk Enclosures TH/hh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BREANA N. MIcou EJCDC...-- ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE AGREEMENT BETWEEN OWNER AND CONSULTANT FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of January 14, 2025 ("Effective Date") between Board of Public Works, City of South Bend, Indiana ("Owner") and K.W. Garner Consulting & Design ("Consultant"). Owner's Project, of which Consultant's services under this Agreement are a part, is generally identified as follows: Walker Field Shelterhouse Restoration Project — 2025 ("Project") Consultant' Services under this Agreement are generally identified as follows: The Consultant will fulfill the duties for the Owner for this position as described in the Historic Preservation Fund manual/guidelines. This work will include review of construction drawings for compliance to the Secretary of the Interior's Standards for Rehabilitation of Historic Structures, a requirement of the grant. Attendance at coordinating meetings with the state for the project start-up and close-out shall be part of the Consultant's services. The work will require periodic review of restoration work being undertaken at the Shelter House, as well as communication and progress reports to the state. While the Principle Investigator is not required under grant guidelines to provide construction documents for bidding/procurement purposes, as a consultant pre -qualified with the State Historic Preservation Office for the preparation of these drawings and provisions of these services, we are able to revise the initial drawings as necessary for bidding. Owner and Consultant further agree as follows: 1.01 Basic Agreement and Period of Service A. Consultant 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, Consultant shall furnish services in addition to those set forth above. Owner shall pay Consultant for its services as set forth in Paragraphs 7.01 and 7.02. B. Consultant shall complete its services within a reasonable time, or within the following specific time period: June 30, 2026 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. C. If the Project includes construction -related professional services, then Consultant's time for completion of services is conditioned on the time for Owner and its contractors to complete construction not exceeding 6 months. If the actual time to complete construction exceeds the number of months indicated, then Consultant's period of service and its total compensation shall be appropriately adjusted. 2.01 Payment Procedures A. Invoices: Consultant 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 ONN%er- fails to make any payment "e Engineer- for- serviees and expenses within fate of days after- r-eeeipt of Engineer's ilweiee, then the ameupAs due Engineer- will be iner-eased at th-e ,; per- month (or- the maximum rate of interest peani#ed by law, if less) ffofn saiA thii4ieth day. In addition, Consultant may, after giving seven days written notice to Owner, suspend services under this Agreement until Consultant has been paid in full all amounts due for services, expenses, and other related charges. Owner waives any and all non -disputed claims against Consultant for any such suspension. Payments wtee-er-editea�t to interest and then to �h 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 Consultant for its services is a substantial failure to perform and a basis for termination. b. By Consultant: 1) upon seven days written notice if Owner demands that Consultant furnish or perform services contrary to Consultant's responsibilities as a licensed professional; or 2) upon seven days written notice if the Consultant's services for the Project are delayed for more than 90 days for reasons beyond Consultant's control. Consultant shall have no liability to Owner on account of a termination by Consultant 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. 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. For convenience, by Owner effective upon Consultant'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 Consultant 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, Consultant 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 Consultant are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Consultant (and to the extent permitted by Paragraph 4.01.13 the assigns of Owner and Consultant) 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 Consultant 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 Consultant 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 Consultant 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 Consultant 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. Consultant makes no warranties, express or implied, under this Agreement or otherwise, in connection with Consultant's services. Subject to the foregoing standard of care, Consultant 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. Consultant shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall Consultant have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. Page 3 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright C 2008 National Society of Professional Engineers for EJCDC. All rights reserved. C. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located. D. Consultant 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. Consultant is not responsible for variations between actual construction bids or costs and Consultant's opinions or estimates regarding construction costs. E. Consultant 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 Consultant'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 Consultant. 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 Consultant'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 Consultant, 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 Consultant; (2) any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Consultant, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Consultant or to its officers, directors, members, partners, agents, employees, and consultants; (3) Owner shall indemnify and hold harmless Consultant 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 Consutlant; 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 Consultant. H. To the fullest extent permitted by law, Owner and Consultant (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 Consultant's total liability to Owner under this Agreement shall be limited to $50,000 or the total amount of compensation received by Consultant, whichever is greater. L The parties acknowledge that Consultant'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 Consultant or any other party encounters a Hazardous Environmental Condition, Consultant may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of 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. 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 Consultant 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 Consultant 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 Consultant as follows: 1. An amount equal to the cumulative hours charged to the Project by each class of Consultant's employees times standard hourly rates for each applicable billing class for all services performed on the Project, plus reimbursable expenses and Consultant's charges, if any. 2. Consultant's Standard Hourly Rates are $200.00 per hour, estimated 25 hours for project scope. 3. The total compensation for services and reimbursable expenses is estimated to be $5,000.00 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS -Wla Elizabeth A. Maradik, President Gary A. Gilot, Member 7,Z—,, L Joseph R. Molnar, Vice President Brrearnt Micou, Member 1 Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk Consultant: By: ,[- Title: Kurt West ga6er Date: January 14, 2025 Page 5 EJCDC E-SOD Agreement Between Owner and Engineer for Professional Services Ca yrl ht © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. Address for giving notices: 227 West Jefferson Boulevard South Bend, Indiana 46601 Designated Representative (Paragraph 8.03.A): Kara M. Boyles, Ph.D., P.E. Title: City Engineer Phone Number: (574) 235-5933 Facsimile Number: 574 235-9171 E-Mail Address: kbovles southbendin.gov Date: d Z Engineer License or Finns Certificate No. State of: Address for giving notices: 12954 61' Road Plymouth, Indiana 46563 Designated Representative (Paragraph 8.03.A): Kurt West Garner Title: Owner Phone Number: S�-Z `/ 7( U - Facsimile Number: E-Mail Address: kwgarner aAkwgamer.com i Page 6 EJCDC F-500 Agreement Between Owner and Engineer for Professional Services Copyright OO 2008 National Society of Professional Engineers for EJCDC. All rights reserved. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 01/06/2025 Name Becca Plantz Department Public Works BPW Date 01/14/2025 Phone Extension 5998 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name Cynthia Simmons and Inclusion Officer BPW Attorney ❑ Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ❑ Michael Schmidt 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 n Other: n Ease./Encroach Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Information K. W. Garner Consultiniz & Design ❑ Yes ❑ If Yes, Approved by Purchasing ® No ❑ ❑ MBE Completed E-Verify Form Attached ❑ Yes No Walker Field Shelterhouse Restoration Project — 2025 123-058 Economic Development PROJ-212 $5,000.00 Hourly NTE Consulting services for the Walker Field Shelterhouse Rehabilitation through 2025 Division of Historic Preservation and Archaeology Grant. For Chance Orders Onl Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Increase Current Percent of Change: Decrease New Amount $ Increase Total Percent of Change: Decrease Time Extension Amount: New Completion Date: