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HomeMy WebLinkAbout6B3�s ( 3) jp45�� 8 Department of r Community Investment Memorandum Monday, December 9, 2013 TO: Redevelopment Commission FROM: Michael Divita/ie— SUBJECT: Traffic Study for Ignition Park Attached to this memorandum is an agreement for professional services by Jones Petrie Rafinski to study traffic around the Ignition Park campus. As the final design and construction documents for Ignition Park Phase 1B are developed, a need exists to understand the current traffic patterns and the change in these patterns as Ignition Park develops. The traffic impact study will help the City in determining optimal lane configurations and traffic signal upgrades needed around the Park. Staff requests approval of the attached Agreement with Jones Petrie Rafinski in an amount not to exceed $22,300 from the Airport Economic Development Area TIF. 227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601 1 P: 574- 235 -9371 1 FAX: 574 - 235 -9021 1 SOUTHBENDIN.GOV AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND JONES PETRIE RAFINSKI THIS AGREEMENT is made effective the day of December; 2013, by and between the City of South Bend, Indiana, Department of Community Investment, acting by and through the South Bend Redevelopment Commission (the "City ") and Jones Petrie Rafinski having their principal place of business at 412 S. Lafayette Blvd., South Bend, IN 46601 (the "Contractor "). For and in consideration of the mutual covenants and promises contained herein, the City and the Contractor hereby agree as follows: Section 1. Duties of the Contractor. The Contractor shall provide the Services which are more particularly described at Exhibit "A" attached hereto and incorporated herein. The Contractor shall execute its responsibilities by following and applying at all times the highest professional and technical guidelines and standards. Section 2. Consideration. The Contractor will be paid as set forth at Exhibit "A ". The total consideration under this Agreement shall not exceed the sum of Twenty Two Thousand Three Hundred and No /100 Dollars ($22,300.00). Any payment that the City may deny or withhold or delay shall not be subject to penalty or interest pursuant to Indiana Code §5 -17 -5. Section 3. Term. This Agreement shall be effective for a period of twelve (12) months commencing on December 12, 2013 (the "Effective Date ") and shall end on December 12, 2014 (the "Expiration Date "). Section 4. Assignment; Successors. The Contractor shall not assign or subcontract any additional part of this Agreement, beyond what is shown in the attached "Exhibit A" without the prior written consent of the City. Section 5. Changes in Scope of Services. The Contractor understands and agrees that it shall not commence any additional work or change the scope of the Services provided unless authorized in writing by the City. No claim for additional compensation shall be made by Contractor in the absence of prior written approval by the City. Section 6. Reversion of Assets. At the conclusion, cancellation, assignment or termination of this Agreement, all work product in whatever form, written, electronic, or otherwise, shall be delivered to the City, and the Parties hereby agree the City and not the Contractor or any of the Contractor's subcontractors or agents, has any ownership interest in the work performed as part of this Agreement. Section 7. Relationship /Independent Contractor. Both parties, in the performance of this Agreement, shall act in an individual capacity and not as agents, employees, partners, joint venturers or associates of one another. The employee(s) or agent(s) of one party shall not be deemed or construed to be the employee(s) or agent(s) of the other party for any purpose whatsoever. Neither party will assume liability for any injury (including death) to any person(s), or damage to any property, arising out of the acts or omissions of the agents, employees or subcontractors of the other party. The Contractor shall be solely responsible for providing all necessary unemployment and workers' compensation insurance for the Contractor's employees. Contractor is solely responsible for compliance with federal, state and local laws and regulations relating to taxes and social security payments that may be required to be made in connection with the compensation provided under this Agreement. The City, however, may file informational returns with the United States Internal Revenue Service or similar state agency regarding payment made to Contractor in accordance with this Agreement under conditions imposed by federal, state or local laws applicable to such payment. The City shall provide IRS Form 1099 if applicable. Section 8. Funding Cancellation and Payments. In accordance with I.C. 36- 1- 12.5- 5(d)(4), payments by the City are subject to appropriation by the South Bend Redevelopment Commission. Section 9. Non - Collusion and Acceptance. The undersigned attests, subject to the penalties for perjury, that he /she is the Contractor, or that he /she is the properly authorized representative, agent, member or officer of the Contractor, that he /she has not, nor has any other member, employee, representative, agent or officer of the Contractor, directly or indirectly, to the best of the undersigned's knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he /she has not received or paid, any sum of money or other consideration for the execution of this Agreement other than that which appears upon the fact of this Agreement. Section 10. E- Verify. The Contractor affirms under the penalties of perjury that he /she /it does not knowingly employ an unauthorized alien. The Contractor shall enroll in and verify the work eligibility status of all his/her /its newly hired employees through the E -Verify program as defined in IC 22- 5- 1.7 -3. The Contractor shall not knowingly employ or contract with an unauthorized alien. The Contractor shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. The Contractor is not required to participate in the E -Verify program should the E -Verify program cease to exist. Additionally, the Contractor is not required to participate if the Contractor is self - employed and does not employ any employees. The Contractor shall require his/her /its subcontractors, who perform work under this contract, to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E -Verify program. The Contractor agrees to maintain this certification throughout the duration of the term of a contract with a subcontractor. The City may terminate for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. Section 11. Minority and Womens Enterprise Diversity Development. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ( "MBE ") or as a Women's Business Enterprise ( "WBE ") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE /WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. Notwithstanding the foregoing, the award and performance of all City contracts shall comply with applicable federal, state, and local laws. Section 12. Signing Authority. The person signing on behalf of the Contractor represents that he /she has been duly authorized to execute this Agreement on behalf of the Contractor, and has obtained all necessary and applicable approvals to make this Agreement fully binding upon the Contractor after acceptance by the City. Section 13. Drug -Free Workplace. The Contractor hereby agrees to make a good faith effort to provide and maintain a drug -free workplace. The Contractor will give written notice to the City within ten (10) days after receiving actual notice that the Contractor or an employee of the Contractor within the State of Indiana has been convicted of a criminal drug violation occurring in the workplace. Section 14. Governing Law; Compliance with Laws. This Agreement shall be construed and interpreted according to the laws of the State of Indiana. The Contractor agrees to comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby are hereby incorporated herein by reference. The Contractor shall comply with federal, state and local law in its hiring and employment practices and policies for any activity covered by this Agreement. Further, the City shall not be required to pay for Services that are inconsistent with or in violation of this Agreement nor for any Services performed in violation of federal, state or local statute, ordinance, rule or regulation. Section 15. Entire Agreement. This Agreement sets forth the entire agreement and understanding between the Parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them. (Remainder of page intentionally left blank) IN WITNESS WHEREOF, the Parties hereto, through their duly authorized representatives, have caused this Agreement to be executed as of the day and year first written above. The parties have read and understand the foregoing terms of this Agreement and do, by their respective signatures hereby agree to its terms. JONES PETRIE RAFINSKI LOIN CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT Signature Printed Name and it e South Bend Redevelopment Commission ATTEST: Signature Printed Name and ritle South Bend Redevelopment Commission Signature Page to Service Agreement by and between Redevelopment Commission and Jones Petrie Rafinski EXHIBIT A Scope of Services See Proposal from Jones Petrie Rafinski Dated 12/6/2013 Attached Hereto JONES PETRIE RAFiNSKI Engineering ' Planning - GIS • Landscape Architecture y011t" OtiC Sill le SOU €'CO Surveying • Environmental - Renewable Energy • ArchiWCWre, December 6, 2013 City of South Bend Department of Public Works Division of Engineering 227 W. Jefferson Blvd, Suite 130ON South Bend, IN 46601 Attention: John Engstrom, P.E. RE: CITY OF SOUTH BEND - TRAFFIC IMPACT STUDY Dear John: Thank you for allowing JPR an opportunity to provide you with this proposal for the above referenced project. It has been a pleasure working with you in the past, and we look forward to working with you again. For this project I will serve as the project manager and principal in- charge and will coordinate all staff assignments and provide oversight and budget control for the duration of our work. PROJECT DESCRIPTION & UNDERSTANDING: The proposed project is located in Ignition Park at the southern gateway into downtown South Bend on the southeast corner of the Sample Street/Prairie Street intersection. As part of the preliminary planning for the project, the City has requested a Traffic Impact Study (TIS) be completed to determine the impacts the development of the Ignition Park will have on the surrounding roadway network. In addition, the study will need to be reviewed and approved by the Indiana Department of Transportation (INDOT) as the project will impact existing intersections along the State Road 23 corridor. The proposed study area to be considered is shown on Figure 1. The area generally includes the roadways surrounding the proposed Ignition Park development and would include Sample Street, Prairie Street, Lafayette Boulevard, Garst Street, Stull Street, Cotter Street, Scott Street, and Indiana Avenue, A preliminary meeting to review the scope of the study will need to be conducted with INDOT to approve an official scope of study. However, it is anticipated to include the scope outlined in Task 2. The goal of the study would be to outline the impacts the proposed development will have on the surrounding roadway network and develop a proposed plan to mitigate these impacts. Lafayette Boulevard, Sample Street and Prairie Street are major thorough ways for traffic entering and existing downtown South Bend. The capacity analysis for these intersections will outline the proposed improvements necessary to keep at and /or to bring the existing intersections to an acceptable level -of- service and to mitigate the impacts of the Ignition Park development. John Engstrom, P.E. December 6, 2013 Page 2 of 4 SCOPE OF SERVICES: Task 1 - Project Management This task involves the overall project management of the study, including the coordination with INDOT, City Staff and JPR team members. Task 2 — Traff ic Analysis and Report The proposed study objectives included in this fee estimate and proposal are as follows: 1, The study area will consist of the following intersections. A graphical description is shown on Figure 1. • Lafayette Blvd. /Sample St. • Sample St. /Franklin St. • Sample St. /Prairie St. • Lafayette Blvd. / Garst St. • Lafayette Blvd. /Stull St. • Prairie St. /Cotter St. • Indiana Ave. /Scott St. 2. Intersection turning movement counts at the intersections within the study area will be conducted on a typical weekday as part of the analysis. AM & PM Peak hour counts will be performed at the Lafayette Blvd. /Sample Street, Sample St. /Prairie Ave., Prairie St. /Cotter St. intersections. A 12- hour traffic count utilizing roadway tubes will be performed along Indiana Ave, Sample St., Garst St., and Stull St. 3. Provide a plan view of existing roadway configurations, access drive locations, and pavement markings within the study area. This will be based on available GIS information. 4. Provide a land use plan using the conceptual plan developed for Ignition Park, which shows the projected future land use(s) impacting traffic within the study area. 5. Determine an acceptable trip generation rate, pass -by percentage, and internal trip reduction factor to be used for the proposed development based on the ITE Trip Generation, 7 t Edition. 6. A horizon year of 2024 (10 years) will be used for full build -out of the proposed Ignition Park development. 7. Using roadway traffic count data and site generated traffic data, generate a logical traffic distribution model for the Ignition Park development. 8. Prior to proceeding with the analysis portion of the study, the trip generation and distribution calculations will be submitted to INDOT and the City for review and approval. John Engstrom, P.E. December 6, 2013 Page 3 of 4 9. An annual growth rate for the Sample St., Prairie St., and Lafayette Blvd. corridors will be requested from MACOG. 10. Auxiliary lane warrants will be performed at the intersections within the study area, where applicable. 11. Signal warrants will be performed at potential new signal locations along Sample Street and Prairie Street. 12. A progression analysis will be performed for the Sample Street corridor from Michigan St. to Prairie St. should a signal be warranted and recommended to be installed at Ignition Park entrance drive on Sample St. For this analysis, INDOT shall supply the traffic count and existing signal timing data for the intersections east of Lafayette Blvd. 13. A queuing analysis will be performed at the intersections within the study area, where applicable. 14. Determine the existing, future (2024) no- build, and future (2024) build levels -of- service at all intersections within the study area. Levels -of- service will be analyzed for the AM & PM peak period. The greater of the two will be used to determine the level of improvements necessary. 15. Existing signal timing at intersections will be provided by INDOT and the City. 16. Prepare a to -scale conceptual sketch of the proposed improvements to be made to the roadways to mitigate the impacts of the Ignition Park development. 17. A final report will outline the conclusions reached and recommend geometric improvements to be made to the intersections within the study area. The conclusions and recommendations of the study will be outlined in the reports executive summary and at the end of the report. 18. One hard copy and a PDF version of the report will be submitted for review and approval. The Synchro 7 files used in the analysis will also be submitted for review and approval. LUMP SUM FEE: The total lump sum fee to provide the tasks outlined in the Scope of Services is $22,300. A detailed Fee /man hour justification worksheet is attached for your review. The fee quoted above is directly resultant of the level of effort anticipated therein. EXCLUSIONS: Please be advised that the services and fees quoted above do not include the following activities: • Meetings and /or coordination with adjacent property owners • Engineering design of proposed improvements • Right -of -Way analysis, engineering, or determination of the impacts to existing right -of -way John Engstrom, P.E. December 6, 2013 Page 4 of 4 Work will begin immediately upon receipt of a signed copy of this proposal. If the project is ongoing, our services will be billed monthly based on a percentage complete. Payment is due upon receipt of our invoice. Work could 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 by email drafinski@iprisource.com or phone 574.232.4388. Sincerely, David Rafinski Vice President IAProposals \City of South Bend \Ignition Park \TIS\2013 -12 -06 Ignition Park TIS.doc This proposal is hereby accepted and authorization to proceed is hereby granted: Accepted By: Printed name and title: Business name: Billing address: Billing /account manager: Date: Phone No.: Fax No.: E -mail: Please note: Jones Petrie Rafinski offers electronic invoicing if requested. Please sign below if you would prefer that option. 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