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HomeMy WebLinkAbout6.B.(3) Contract with JJR EBV Phase IISeptember 29, 2008 Jeff Gibney, Executive Director Department of Community S Economic Development City of South Bend 227 W. Jefferson Blvd, Suite 1200 South Bend. IN 46601 Re: Professional Services Contract East Bank Master Plan, Phase 2 Dear Jeff: JJR, LLC (JJR) is pleased to submit the following contract for professional services to the City of South Bend, acting by and through the South Bend Redevelopment Commission, for the East Bank Master Plan, Phase 2. The Client is the City of South Bend, acting by and through the South Bend Redevelopment Commission, and is referred to as the Client below. we understand JJR is to work collaboratively as directed by the Client. SCOPE OF SERVICES Basic Services Attached as Exhibit A. EXTRA SERVICES In addition to performing the Basic Services, JJR shall perfo rn1, upon request, Extra Services including, but not limited to, the following: Providing services to investigate existing conditions of facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information, including survey information fu nzished by the Client. Providing services to investigate the orork of separate consultants retained by the Client. Revising drawings or other inconsistent with written previously given; required codes, laws or regulations such documents; and/or due ,~.ithin JJR's control. documents when the revisions are ~ppro~~~als or instructions by the enactment or revision of subsequent to the preparation of to other causes not solely Preparing perspectives, renderings, or models prepared upon the Client's request and not otherwise provided herein. Attending meetings or making presentat-ons to ir_terested groups or agencies other than those specifically provided herein. 1 Providing services similar to those set forth he°einbefore and not otherwise provided. CLIENT RESPONSIBILITIES The Client will provide promptly full information regarding the requirements for the project. The Client will designate a single representative to act in its behalf relative to the project. The Client's representative shall examine documents submitted by JJR and shall render decisions pertaining thereto promptly to avoid unreasonable delay in the progress of JJR's sereices. JJR shall proceed with services only upon specific written request by the Client's representative. The Client agrees to report promptly in writing to JJR any fault or defect in JJR's services or nonconformance with the provisions of this contract. REMUNERATION Basic Services The Client shall compensate JJR for the services described herein and in accordance with the Conditions of this Agreement for a fee of $50,000, as detailed in Exhibit B. Reimbursables Reimbursable expenses are included in JJR's basic compensation. Extra Services Services in addition to those described above are to be compensated at the hourly rates noted, and for related reimbursable expenses, in accordance with JJR's Standard Fee and Reimbursement Schedule, attached as Exhibit C, for the actual hours worked and costs incurred by JJR. Method of Payment Payments on account of JJR's services shall be made monthly in proportion to services performed upon receipt of invoice. JJR reserves the right to suspend work on the project at such time as payment for professional services has become delinquent for sixty (60) days through no faint of JJR. SCHEDULE The Schedule is attached as Exhibit B. JJR is prepared to immediately initiate the Basic Services upon receipt of a signed 2 copy of this proposal from an authorized representative of the Client. CONDITIONS OF AGREEMENT This proposal remains in effect for a period of sixty (60) days. This proposal will become a binding agreement between JJR and the Client when the proposal is either executed by the Client, or whet, the Client authorizes JJR in writing, to commence work on the project as outlined in the proposal. If work is commenced by JJR, and the Client does not object, it is an acceptance of the proposed terms. The information contained in this proposal may be proprietary and shall not be disclosed to any parties outside of the Client's staff or be duplicated, used or disclosed in whole or part for any purpose other than to evaluate the proposal. Should the proposal be accepted, the Client shall have the right to duplicate, use or disclose the information to the extent provided through a written agreement with JJR or as required b} Indiana Law. The information, surveys, documents and all services furnished by the Client or others retained by the Client shall be provided at the Client's expense. Either the Client or JJR may terminate this Agreement at any time with or without cause upon giving the other party ten (10) calendar days prier written notice. The Client shall withir, thirty (30) calendar days of termination pay JJR for all services rendered and all costs incurred up to the date of termination, in accordance with the compensation provisions of this contract. It is mutually understood and agreed that this agreement shall be binding upon the Client and its successors and assigns and upon JJR, its successors and assigns. Neither party shall assign nor transfer its interest in this agreement or any part thereof, without the written consent of the other party. Any taxes or fees, enacted by local, state or federal government subsequent to the date of this contract, and based on gross receipts or revenues will be added to amounts due under this contract, in accordance with any such fees or taxes. JJR agrees, to the fullest extent permitted by law, to indemnify and hold the Client harmless from any damage, liability or cost - x in the performance of professional services under this Agreement and those of his or her subconsultants or anyone for whom JJR is legally liable. The Client agrees, tc the fullest extent permitted by law, to indemnify and hold JJR harmless from any damage, liability or '~_.: , ~ __:• r d costs of defense) omissions, and those of his or her contractors, subcontractors or consultants or anvone for whom the Client is legally liable, 4 and arising from the project that is the subject of this Agreement. JJR is not obligated to indemnify the Client in any manner _ NOr is the Client own negligence. _ _ - _ -.-- _ _ It is agreed that in the event that claims for damages are made regarding the performance by JJR of this contract for services, an}~ and all damages shall be limited to the tctal fees paid to JJR under the contract. The extent of liability for the Client is limited to the amount of the contract. Because data stored on electronic media can deteriorate undetected or can be modified without JJR's knowledge, the Client agrees that JJR aaill not be held liable for the completeness or correctness of the electronic media after an acceptance period of thirty (30) days after delivery cf the electronic file(s). Any drawings produced from the electronic file(s) provided by JJR shall not be considered property of JJR, nor will JJR be held liable for such drawings. All drawings produced from the electronic files should be checked against the hard copy supplied to ensure accuracy and consistency. JJR shall be given proper credit and acknowledgments for all services rendered including, but not limited to, planning, design and implementation. Proper credit shall be defined as being named by the Client or their agent on project identification boards, published articles, promotional brochures, and similar communications. It is acknowledged that the services provided by JJR are premised upon conditions and circumstances existing as of the date of this agreement. It is also acknowledged that these conditions and circumstances may change as a result of state or federal action, legislation or regulation. Therefore, the Client releases and agrees not to sue JJR, its agents, parent corporation, or employees for any claims, damages, costs, penalties or cause of action which the Client has or may in the future have, as a result of penalties, costs or damages incurred due to any restrictions or prohibitions imposed upon she use of property by the governments of the State of Il~diana and/or the United States of America. Any and all reports, information, or data of whatever nature provided to, or prepared, generated or assembled by JJR, in connection with the performance of this contract shall be treated as Confidential and shall not be made available to any indi~~--idual or organization cutside JJR vaithout the prior, written approval of the Client, except as required by Indiana Law. A11 publicity releases or other published information in any way concerning this contract or the work herein, which JJR desires to make, shall be subject to approval by the Client prior to release. 5 This agreement shall be governed exclusively by the laws applicable to the State of Indiana. This agreement represents the entire and integrated agreement betv,~een the Client and JJR, and supersedes all prior negotiations, representations or agreements, either written or cral. This document may serve as an agreement between JJR and the Client, and the Client shall indicate acceptance by signing in the space provided Below and returning one signed cop1~ for our files. 6 We appreciate this opportunity to provide our services to you on this important project. Sincerely, JJR LLC Debra Ihitchell, FASLA Senior Vice President Enclosures Exhibit A: Scope of Services Outline Exhibit B: Schedule & Fee AUTHORIZED REPRESENTATIVE: BY: TITLE: President, South Bend Redevelopment Commission PRINTED SIGNATURE: Ms. Marcia Jones DATE: 7 East Bank Master Plan -Phase II AttachmentA Scope of Services Outline The following is a listing of the scope of services for the East Bank district for Phase II: 100 Utility Research City will provide research for utilities "as built" in the planning area. Planner will include but is not limited to: Producing a map which shows all existing utilities (water. sewer. storm, power, natural gas. & telecommunications) within the planning area- Make recommendations for improvements to utility Infrastructure In order to support planned uses and densities. 200 Public Infrastructure & Recreation Planning Prepare analysis of public infrastructure and recreational assets and how they can be used most efficiently with a specific focus on three Items. or more- Review and recommend upgrades to the existing SL Joseph River walks in order to give them a more prominent presence within the East Bank community. Identify public security measures that may be appropriate within the East Bank neighborhood (especially along the River) and will enhance the public safety of the East Bank. Focus on public infrastructure required at Transpo location to prepare land for development after Transpo's vacation of the property. 300 Zoning and Density Guidelines Prepare "blocked-out" map of East Bank planning area recommending different zoningYUSes throughout the planning area and the recommended densities of those uses. 400 Streetscapes and Traffic Flow Incorporate any changes to existing streetscape or traffic flow that may enhance the East Bank Master Plan. 500 Initial Planning Tour Trip prior to the Design Charette in order to tour the site and surrounding area. and also meet with Holladay Properties. South Bend City Officials. and various "stakeholder" groups. 600 Design Charette Conduct atwo-day Design Charette with at least two members of the planning firm present. One member to be the "Master of Ceremonies". while the other is preparing notes. sketches. eta The room should be covered with information gleaned from the participants by the end of the Second Day. It is anticipated that there will be 5-10 different groups that will participate in individual sessions and will include the following: Key Business Leaders from Downtown Downtown South Bend (DTSBi. Convention Visitors Bureau of St. Joe County. Chamber of Commerce Leadership. etc. Local Economic Development Officials South Bend Mayor. Common Council and other key Political Leaders East Bank Property Owner -Large East Bank Neighborhood Associations/Representatives Parks Dept- Officials & Utility Company Executives Real Estate Developers. Brokers. Bankers SCOPE, SCHEDULE AND FEE Scope JJR agrees to the Scope of Services Outline per Attachment A for the Phase II boundaries (per attached map). This assumes the JJR team will make three (3) trips to South Bend including: (1) an initial Fact Finding" trip; (2) a two-day Design Charrette; and (3) final East Bank Master Plan presentation to the Redevelopment Commission and other participants. Schedule JJR agrees to the following Phase II schedule: Fact-Finding Trip" October 15-30, 2008 • Design Charrette November 15-30, 2008 • Master Plan Presentation January 15-30. 2009 Fee JJR agrees to provide the Scope of Services for a Lump Sum fee of $50,000, inclusive of all expenses associated with the project. 11R