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HomeMy WebLinkAboutPSA - McCormick Engineering - Prepare Bid Docs for Emergency Repair of Randolph St Storm Water Basin1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS September 13, 2016 Ms. Tracy A. McCormick McCormick Engineering, LLC 234 N. Ironwood Dr South Bend, IN 46615 PHONE 574/235-9251 FAX 574,235-9171 RE: Professional Services Agreement — Prepare Bid Documents for Emergency Repair of Randolph Street Storm Water Basin Dear Ms. McCormick: The Board of Public Works, at its meeting held on September 13, 2016, approved the above referenced agreement in the amount not to exceed $12,755.00. 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, Linda M. Martin, Clerk Enclosure GARY A. GILOT DAVID P. RELOS ELIZABETH A. MARADIK JAMEs A. MUELLER THERESE J. DORAU BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date September 6, 2016 Name Roger Nawrot Department Engineering BPW Date September 13, 2016 Phone Extension 5932 Required Prior to Submittal to Board Legal ® Attorney Name Michael Schmidt Controller ® Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing ® George King Check the Appropriate Item Type — Required for All Submissions ❑ Agreement ❑ Contract ❑Proposal ❑Addendum ® Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control ❑ Other: Company or Vendor Name New Vendor MBE/WBE Contractor MBE/WBE Contractor Requested Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Amount of LJ Increase Previous Amount Current Percent of Change: New Amount Total Percent of Change: Copy Original ® ❑ Kequirea Information McCormick Engineering LLC ❑ Yes ® No ❑If Yes, Approved by Purchasing LJ MBE N WBE LJ No ❑ Yes Name of Company Emergency Repair of the Randolph Street Storm Water Basin 116-083B Major Moves 412.0602.431.42.03 $12, 755.00 Not to Exceed 10 prepare bid documents to repair the spillway washout out caused by the August storm.. Required Contractor's Certification Form Attached (Non- �ollusion, Non -Discrimination, Non -Debarment, E-Verifv. Iran, etc.' ired For Nawrot ucl — Jitin Kain Lawson — Fishe E J C D C -- ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of September 6, 2016 ("Effective Date") between Board of Public Works, City of South Bend Indiana ("Owner") and McCormick Engineering, LLC ("Engineer"). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: Randolph Street Basin Emergency Repairs ("Project"). Engineer's Services under this Agreement are generally identified as follows: • Prepare engineering topographic survey of site through subconsultant, including apparent utilities, approximate R/W and areas of sedimentation • Prepare Contract Documents in Quote Form to complete repairs to the Randolph basin as a result of recent extreme precipitation events, including an excess of 7-inches of precipitation measured at the South Bend Airport precipitation gage on August 15, 2016. • Provide a Construction Estimate for work addressed in the noted Contract Documents • Provide Construction Administration support as required or requested by the City Owner and Engineer further agree as follows: 1.01 Basic Agreement and Period of Service 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 fumish 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: The Engineer shall make every effort to complete the portion of the Work needed to solicit Contractor quotes for emergency repairs within four weeks from the Effective Date. Page 1 EJCDC E-500 .Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Societv of Professional Engineers for EJCDC All rights reserved. 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 3 months. if the actual time to complete construction exceeds the number of months indicated, then Engineers 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 443i'S to make any payment due Engineer fef serNwes and expenses within 30 days Of after receipt of Engineer's invoice, dien the Afrioul4q d-le Engin@@F will be inoFeased at thpFAte a Per Faeflth (Or the Vate of interest peFmitted by law, if less) 4emm said th i44-th da�-. 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 he credited fiffst to intpFP.4 and then to principal. 3.01 Termination A. The obligation to continue performance under this Agreement may be terminated: I. 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. Lb. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.0I.A. La 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 R-) 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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 tiles. 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 4.01.13 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 Page 3 EJCDC E-S00 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Societv of Professional Engineers for EJCDC. All rights reserved. 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. E. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, of 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. All documents prepared or furnished by Engineer are instruments of service, and Engineer retains an ownership and property interest (including the copyright and the right of reuse) in such documents, whether or not the Project is completed. 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 receipt by Engineer of full payment for all services relating to preparation of the documents and 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. 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. 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 Page 3 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright u"'2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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. 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 —Lump Sum A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 2. In accordance with the time and material provisions of Paragraph 7.02. Total payment shall not exceed an amount of $12,755.00 for the Scope of Services outlined above without prior written consent and authorization of the Owner. 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. 7.02 Additional Services: For additional services of Engineer's employees engaged directly on the Project, Owner shall pay Engineer 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; plus reimbursable expenses and Engineer's consultants' charges, if any. Engineer's standard hourly rates are attached as Appendix 1. Attachments: Appendix 1, Engineer's Standard Hourly Rates Page 5 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Societv 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: City of South Bend, Indiana By: Title: ary A. By: Title: vid P. Relos, By: Title By: Title By: Title Attest- Title - Date gli3 laic Address for giving notices: 227 West Jefferson Boulevard South Bend. Indiana 46601 Designated Representative (Paragraph 8.03.A) Patrick Corbitt Kerr, Ph.D., P.E. Title: City Engineer Phone Number: (574) 235-5931 Facsimile Number: (574) 235-9171 E-Mail Address: peker @southbendin.gov Engineer: McCormick Engineering, LLC Title: Tracy A..McConnick, Managing Partner Date: September 6.2016 Engineer License or Firm's Certificate No. 19800331 State of. Indiana Address for giving notices: 234 N. Ironwood Drive South Bend, Indiana 46615 Designated Representative (Paragraph 8.03.A): David L. McCormick, PE, D.WRE Title: Partner Phone Number: (574) 232-6800 Facsimile Number: (574) 232-6868 E-Mail Address: david(a?mccornuckene.com Page 6 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 00 2008 National Society of Professional Engineers for EJCDC. All rights reserved. EJCDC ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE This is Appendix Standard Hourly 1, Engineer's Rates, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services dated August 24, 2016. Engineer's Standard Hourly Rates A. Standard Hourly Rates: 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: Billing Class VIII $ 135 /hour Billing Class VII N/A /hour Billing Class VI N/A /hour Billing Class V N/A /hour Billing Class IV N/A /hour Billing Class III N/A /hour Billing Class 11 N/A /hour Billing Class I N/A /hour Support Staff N/A /hour Two Man Field Crew (subconsultant) $ 125 /hour CADD technician (subconsultant) $ 78 /hour Professional Surveyor (subconsultant) $ 115 /hour 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. Paee I M. Abonmarche Professional Services Agreement ABONMARCHE Abonmarche Project Number: 16- AGREEMENT betvwen (Gehl nant)- McCormick Engineering, LLC (Gate) 09/02(16 (Client address) 234:J !rot v.c, r4 Cr. South Bend !N 46615 (Phone( 232-6800 Ceti (Fax) (Email( hereinafter referred to as the Client, and Aboni, arcne CansuBonts. Inc., referred to as Abonmarche, of 750 L<ncoln Way East, South Bend, IN 46501. The Client contracts with Apo, Dinshe to perform professional services with regard to the Client's project generally referred to as: (Project Pond 41 NE For Sampson d Randolph St. Name) Topographic Survey (Location) South Bend The professional services to be provided by Abonmarche, collectively referred to as the Work Plan, are as follows: (Scope of work) Topo pond, log fallen trees Utilities sediment areas show opp /w sewer drops set TBM (Project schedule) (Special Provisions) RIGHT TO ENTER PROPERTY Abonmorche's proposal/work pion, dated verbal is incorporated info this Agreement by reference, and is limited to the services described therein. The Client agtaes to or,]rnpily day for services provided by Abonmarche for the Scope of Work according to the following (fee $) T/M rotes 2 man field crew $125 hr. CADD tee $73. hr, Professional Surveyor $115 hr Prior to commencement of services, the Client will specify any and all documentation that the Client requirr. for submission with the invoice for Services provided by ALonmarche, Absent any special request from the Client, Abonmarche will send its,tandard form of invoice. If, after re-oipt of air invoice from Abonnuhe, the Client has any questions, or it there are any d63repancies In the invoice, the Client shall identify the issue in vatting within ten 0 Dj loge of Its receipt. If no wrhtsn obje :tion is made within the ten (10) day period, any such objection shall be deemed waived. Abor�;r,aicne invoices are due upon receipt. The parties agree that interest of 1.5P net month will be added to any unpaid balance after 30 days. The Client no- d-, 19nated Dave McCornick as its Representative. The Representative shall have the authority to execute any documen!z pertaining to this Ai:eemenl or amendments thereto. and for the approval of oil change orders. addonda, and additional vices to be performed by A-Dn, nor che. The representative shall be the contact person for submission of all documentsinvoices or communications. Authorization to Proceed and Guarantee of Payment: By signing this Agreement the Client authorizes Abonmarche to provide services described above, and that the Client is the responsible party for making payment to Abonmorche. By starting below, I acknowledge that I have received and agree to the Terms and Conditions on Pape 2 of thirions take precedence o e - ALrc r oral and written in ierstanYi.nm. These Terms and Conditions can only be amendedsupplemented, modified or canceled by a written Instrument lgr,e_J by both parties. Airy notice or other communications shall be in writing and shall ba �, sidered to have been duly given when personally delivered or upon the third day after being deposited into first cla , certified mail, postage prepaid, return receipt requested. Clisnt McCormick E_nn_eeris4__ f /"r% Signature: j;t C-,I!- L r (_ ZN'�� j'Ct(� —1 If Individual nrdhn.rsa es........... r.e o..�.... Signature: Printed Name: : Signature: Parried Name: Printed Name: Aa McCormick - Date of Birth: Title: _ 1 _ - Originating Date Signed: �- YG' -_f i _ _ Driver's License #: Office: tax ID: i--_TT _ TT C %" L, S�17 1 / U o _ Employed by: Address City/state Date Signed: Dote S',e,d: Abonmarche Consultants. Inc. 750 Lincoln Way East South Bend, IN 46601 T 574.232.8700 F 574.251 6440 Revised 8-19-`2014 °age 1 of 2 TERMS AND CONDITIONS OF PROFESSIONAL SERVICES AGREEMENT Agreem t ➢ i,tns SPLIT b a b lls In_ and oil 11 p1_ I, M1_bo- 1 1 I lot, - . 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I. w Entire Agreement h Ale-n a_ ,t, a T rc t 'so , toe o e nofer. or .Tg� 11 , 1 tvroe. t A In o, For nor ie _r one v., also 1 1 , -, =I , Page 2 of 2 City of South Bend Randolph Basin Emergency Repairs Revision Date: Task 9/6/2016 Manhour Estimate for McCormick Engineering Professional Services Topographic Survey by Abonmarche Quote Based Contract Document Preparation Formulation of Repair Item Project Elements Contract Document Preparation Owner Coordination Construction Administration Support Total Hours Rate Amount N/A $ 2,900.00 16 $ 135.00 $ 2,160.00 45 $ 135.00 $ 6,075-00 4 $ 135.00 $ 540.00 8 $ 135.00 $ 1,080.00 73 $ 12,755.00 N '1 N rl Y v a 3 0 r Y a a Y v a t i