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HomeMy WebLinkAboutPSA - McCormick Engineering - Bowen Street Drainage Improvements1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND_ INDIANA 46601-1830 CITY OF SOUTH BEND PETS BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS September 27, 2016 Mr. David L. McCormick McCormick Engineering, LLC 234 N. Ironwood Dr. South Bend, IN 46615 PHONE 574/235-9251 FAX 574/235-9171 RE: Professional Services Agreement — Bowen Street Drainage Improvements Dear Mr. McCormick: The Board of Public Works, at its meeting held on September 27, 2016, approved the above referenced agreement in the amount of $38,260.00; subject to Redevelopment Commission Approval. 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, lk- Linda M. Martin, Clerk Enclosure c: Nadia Correa, Engineering GARY A. GILOT DAVID P. RELOS ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU EJCDC,,.,,, ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of September 16, 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: Bowen Street Drainage Improvements ("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 • Perform two soil test borings through subconsultant including visual classification and grain size analysis • Prepare up to two preliminary design concepts (10% design) of proposed Bowen Street drainage improvements for final design implementation • Provide a narrative of recommendations related to adjacent property drainage improvements • Prepare 50% design drawings and associated estimate of cost for selected proposed improvement • Prepare Contract Documents, including Plans and Specifications, in Bid Form to provide for improved drainage along Bowen Street west of the Miami Street intersection. • Provide a Construction Estimate for work addressed in the noted Contract Documents • Provide a review of Contractor Bids and provide a recommendation based upon the lowest responsive and responsible Bidder. • Provide review of Contractor Shop Drawings for conformance with Contract Documents • Provide Construction Administration support as required or requested by the City Owner and Engineer further agree as follows: Page I EJCDC E-500 .Agreement Between Owner and Engineer for Professional Services Copyright CC) 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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 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: The Engineer shall make every effort to complete the portion of the Work needed to solicit Contractor bids within four months from the Effective Date. 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 6 months. If the actual time to complete construction exceeds the 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 tR 1 y payment o Engineer fOFsen'iees,...a expenses .:thin 30days —te. ieceip, of Engineer's invoiee, then the affietints dtte Efigineef will be inefeased at the rate of per month (er the maximufn fitte of intefest pefmitted by law, if less) ffem said thk4ieth 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 eredited. 44-A tR interest and then to prineipa4- 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 3.0I.A.Lb. Page 2 EJCDC E-500 Agreement Between Owner and Engineer for Professional Sennices Copyright 0 2008 National Societ} of Professional Engineers for EJCDC. All rights reserved. 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. 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 4.01.13 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 Page 3 E.fCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright (0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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 govemed 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, 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. All documents prepared or famished 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 lights in third parties. Page EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright U 2008 National society of Professional Engineers for EJCDC. All rights reserved. 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. 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—Lump Stan 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 $46,120.00 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 F.-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 McConnick Engineering, LLC Board of Public Works �f /� /M /^ By: % `�-"�--I """ .0 U By: —� �/i.>".0 a, t l / / / 1)( /77 Title: Gary A. Gil t, President Title: Tracy A. MqQormick, Managing Partner By: Title By: Title By: Title By: Title: Attest: Title: Date Therese emher "I�iq& Martin, Clerk ql;� 77 0 (D (lv Date: September 15, 2016 Engineer License or Firms Certificate No. 19800311 State of: Indiana Address for giving notices: Address for giving notices: 227 West Jefferson Boulevard 234 N. Ironwood Drive South Bend, Indiana 46601 South Bend, Indiana 46615 Designated Representative (Paragraph 8.03.A): Designated Representative (Paragraph 8.03.A): Patrick Corbitt Kerr, Ph.D., P.E. David L. McCormick, PE, D.WRE Title: Ci�Engineer Title: Partner Phone Number: (574) 235-5931 Phone Number: (574) 232-6800 Facsimile Number: (574) 235-9171 Facsimile Number: (574) 232-6868 E-Mail Address: pckemL&southbendin.gov E-Mail Address: david�mecormickengcom Page 6 EJCDC E-500 Agreement Between Owner and Engineer for Professional Serrices Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. EJCDC= ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE This is Appendxi 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 September 15, 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 VII1 $ I.35 /hour Billing Class VI1 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 I1 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. Mr. David McCormick, P.E. McCormick Engineering, LLC 234 N. Ironwood Drive South Bend, IN 46615 PROPOSAL NO.: P2-16-101 Date: September 16, 2016 Re: Proposal for Geotechnical Evaluation Bowen St. Drainage Improvements South Bend, Indiana EorH EPro�ArioN= �— �t _ 2204 Yankee Street Niles. MI 49120 269-262-4320 or 574-233-6820 (FAX)269-262-4479 PROJECT DESCRIPTION: We understand that representatives of McCormick Engineering, LLC are preparing plans for improvements to the drainage conditions along Bowen Street in South Bend, Indiana. We understand that the planned improvements are at a conceptual phase at this time but are likely to include the construction of below -grade stormwater storage facilities. The project is also anticipated to include the construction of new curb a gutter for the existing road which is planned to be narrowed. Other details of the planned improvements such as finished grades and construction schedule were not provided. SCOPE OF WORK: The subsurface exploration program was defined in quantity, location and depth of borings. Based on information provided, we anticipate that our services include the following: 1. Performing two test borings at locations provided for a total of 40 lin. ft (10. The test borings will be performed using Standard Penetration Test sampling procedures; 2. Conducting laboratory soils testing including visual soil classification and grain size analysis; and 3. Preparing a preliminary type report summarizing the soil and groundwater conditions and providing recommendations with regard to design and construction of the drainage improvements. SPECIAL TERMS (Refer also to the attached General Terms and Conditions): This proposal assumes that the borings will be located in the field by our personnel. At the completion of the field activities, the borehole will be backfilled with auger cuttings and patched at the surface with asphaltic concrete cold patch. ESTIMATED COSTS: $2,993 [X] Rates per attached Cost Estimate [ ] Lump Sum SCHEDULE: We anticipate mobilizing to the site within two weeks of receipt of written notice to proceed (this agreement signed). We also anticipate that the field activities will take one day to complete. A letter report will be submitted within approximately two weeks following completion of the field activities. Verbal recommendations will be provided as necessary to maintain the project schedule. If a more aggressive schedule is desired, please contact us to discuss. ACCEPTANCE: The attached General Terms and Conditions and the scope of services defined in the above proposal are accepted, and Earth Exploration, Inc., is hereby authorized to proceed with the work. Accepted by (s0aiere)( r l Submitted by: Name (printed): rc, F1- 6-JC CfvV3( C Kenneth P. Miller, P.E. Title: 0 r nc! �t✓ f ��mi � Title: Michiana Regional Manager l Representing: t ' Gr ✓I i,(a En n_ ; t � )-ALC� Representing: Earth Exploration, Inc. Date: (7 - I (a — I Qo Date: September 16, 2016 Attached: General Terms and Conditions Geotechnical Evaluation Cost Estimate Please sign and return to authorize services EARTH EXPLORATION, INC. GENERAL TERMS AND CONDITIONS BOWEN ST. DRAINAGE IMPROVEMENTS SOUTH BEND, INDIANA P2-16-101 FEES FOR PROFESSIONAL SERVICES Services will be invoiced as indicated on the attached proposal and its attached fee schedule and other allachments ALL TIME, including travel hours, spent on the poject by professional, technical aM clerical personnel volt be invoiced Unless otherwise slated, arty, cost estimate presented in our proposal is for budgeting purposes only andis not a fixed lump -sum Ntl. Only those Cases incurred to complete a project regardless it they are less of Teeter than the cost estimates will be invoiced unless prior written notification is received to stop work It it is apparent Nat the budgetary estimate is not sufficient to complete the project in a satisfactory manner, the Ctienl volt bo advised as soon as practical. Earth Exploration, Inc. (EEI) reserves the right to escalate the rates on time and material contracts to account for increases in its direct or indirect costs, if work extends beyond the 365 calendar days from the date of the authorization to crossed. If. SCOPE OF WORK AND TIME LIMIT The attached proposal is valid for a pence of 60 days from the proposal date. The scope of work is as identified in the proposal. If acceptance and authorization to proceed with the work is not feceived within 60 days, EEI reserves me right to renegotiate the estimated costs, schedule for completion, Personnel commitments, and Overall scope of work. EEI reserves the right to renegotiate the proposal should the client choose to altar the scope of cantle from that presently indicated in the proposal. III. RIGHT OF ENTRY Unless olhemiso agreed. the client will furnish fightaf-access on the land for EEI to perform the required explorations or Other necessary, mvesfigations. EEI will lake reasonable precautions to minimize damage to the land from use OF equipment, but has not included in the fee the cost for restoration of damage which may result from our operations. If the state deskes EEI to restore the IaM to its former condition. this will be accomplished. and the cost will be added to the fim r�nw��l�y In the Performance of our work, EEI will lake all reasonable precautions to avoid damage or injury to subterranean structures or Wi itas. The client agrees to huld EEI harmless for any damages to subterranean afi suns which are not called to our attention and correctly shown on any plans famished. V. INVOICES AND PAYMENTS Invoices will be submitted once a month and payment is &a Net 30 Days from dale on the invoice A 116 percent per month service charge will Wadded to all accounts more than 30 days past due. In the event that EEI shall be successful in any suit for damages for breach of this agreement, including nonpayment of invoices, or to enforce this agreement or to enloin the other party from violating this agreement. EEI shall be entitled lO recover as pan of its damages its reasonable legal costs and expenses for bringing and maintaining any such action. VI. SAMPLES All samples Of soil and rock, which remain after testing, will be discarded 60 days after submission of our moan unless otherwise directed by the client. Upon request, we wIl deliver samples In the client, shipping charges collect on delivery, Or we will store them for an agreed charge. VII. INSURANCE EEI maintains the following insurance in the amounts indicated TYPE LIMITS GENERAL LIABILITY General Aggregate S2,000,000 Proeuds-ComP/Okx Aggregate 52,000,000 Personal B Adv. Injury s1,000,000 Each Occurrence $1,000.000 AUTOMOBILE LIABILITY Combined -Single Limit S1,000,000 E�rH �PLOR,9T/ONry _ EXCESS LIABILITY (Umbrella) Each Crxxrrrence S10,000,000 Aggregate SIDMDO00 WORKER'S COMPENSATION Stalulory & EMPLOYER'S LIABILITY Each Accident S1,IN1o,000 Disease -Policy Limit S1,OW,000 Disease -Each Employee sl,O ,000 PROFESSIONAL LIABILITY Each Claim 6 Aggregate S3,000.000 POLLUTION LIASIUVY Each Claim S2,001), 0 Aggregate S3,000,000 Insurance cedificates will be fumished on request Within the limits of said insurance, w r agree to save the client fiartnless horn and against loss, damage, injury, or liability arising directly from the negligent acts or omissions of shrseNes, our employees, agents, subconlractors, and their employees and agent[ If the client's contract or purchase order places greater responsibility upon EEI, or requires further insurance coverage, we if specifically directed by the calm. will obtain additional insurance (if procurable), at the Client's expanse: but we shall not be responsible for property damage for any cause, inch hiding fire and explosion, beyond the amount and coverage of our insurance, In addition, we require Nat EEI W named as an additional insured in any hold -harmless agreements against third party suits between IhedieM or owner and any contractor woo may perform work in connection with any study or report prepared by EEI. Veil. STANDARD OF CARE Our professional services will be conducted in a manner consistent with the level of rare and skill ordinarily exerssed by members of the geoteohNcal engreeringremironmental services profession practicing comemporaneousy under similar conditions in the locality of the project. Under no circumstance is any warranty, expressed or implied, made in connection with the provdiig 01 geoterhnical engmeenngrenvironmenlal services. IX. LIMITATION OF PROFESSIONAL LIABILITY The client agrees to limit any and all Imbiliy or claim damages, costs at defense, or expenses to be levied against EEI, to a sum not to exceed S50,". or the amount of our lea, whichever is greater, on account & any design defect. error, omission, or professional negligence- Fuller, the client agrees to notify any contractor or subcontractor who may perform work in connection with any design, report, or Study prepared by EEI of such limitation of liability for design defects, errors, missions, or professional negligence, and requires as a condition precedent to their performing the work a like limitation of liability of their part as against EEI. In the event that the client fails to obtain a like limitation Of gabllity provision as to design defects, erms, omissions, or professional negligence, availability o/ the slate and EEI, to such contractor or subcontractor arising out Of a tlesign tlefed, error, oMssion, or professional negligence, shall be allocated between the client and EEI in such a manner that the aggregate IiaGgty Of EEI for such a tlesign tlefed M all parties, including the client, shall not exceed S5OCO0 or the amount of our fee, whichever Is greater. X. SAFETY Any construction review of the contractors performance conducted by EEI is not intended to include review of the adequacy of the contractors safety measures in, on, Off near the construction site. The contractor will be solely and completely msponsibe for working conditions of the job site, including safety a all Persons and property during performance Of the work, This requirement will apply conlinuously and not W limited to normal working hours. XI. PROPRIETARY INFORMATION The Mess or other information contained in the proposal may be proprietary and shall not be disclosed to any parties outside Of the client's representative or owner, or be duplicated. used. or disclosed In whole or pan for any purpose other than to evaluate the proposal Should the proposal be accepted, the client shall have the night to duplicate, use, or disclose to the extent provided through a written agreement with EEI. GEOTECHNICAL EVALUATION COST ESTIMATE Client: McCormick Engineering, LLC Project: Bowen St. Drainage Improvements Location: South Bend, Indiana Proposal No.: P2-16-101 FIELD SERVICES Mobilization Support Truck Boring Layout Mileage Utility Locate Traffic Control (set up signs only) Pavement Penetration/patching Drilling (using 3/ dia. H.S.A.) Standard Penetration Tests LABORATORY SERVICES Soil Classification Particle Size Analysis PROFESSIONAL SERVICES Preliminary Geotechnical Evaluation and Project Administration Unit Quanti Unit Rate ��1eaJ LEZ0104T/D�l/ 2204 Yankee Street Niles, MI 49120 269-262-4320 or 574-233-6820 (FAX)269-262-4479 Date: 16-Sep-16 Total 1 LS $275.00 $275.00 1 day $75.00 $75.00 2 hr $85.00 $170.00 50 mi $0.60 $30.00 1 hr $85.00 $85.00 1 day $175.00 $175.00 2 ea $50.00 $100.00 40 ft $9.00 $360.00 16 ea $13.00 $208.00 Subtotal: $1,478.00 1 hrs $75.00 $75.00 2 ea $120.00 $240.00 Subtotal: $315.00 1 LS $1,200.00 $1,200.00 Subtotal: $1,200.00 Total: $2,993.00 �. Abonmarche Professional Services Agreement ABONMARCHE Cunikfence By Derain Abonmarche Project Number: 16- AGREEMENT between (Client name), McCormick Engineering, LLC (Date) 09/16/16 (Client address) 234 N Ironwood Dr. South Bend, IN 46615 (Phone) 232-6800 (Cell) (Fax) (Email( hereinafter referred to as the Client, and Abonmarche Consultants, Inc., referred to as Abonmorche, of 750 Lincoln Way East, South Bend. IN 46601. The Client contracts With Abonmorche to perform professional services with regard to the Client's project generally referred to as: (Project Name) Topographic Survey (Location) Bowen repair project, South Bend The professional services to be provided by Abonmarche, collectively referred to as the Work Plan, are as follows: (Scope of work) Tope per outline mop provided 9-14-16 (Project schedule) (Special Provisions) RIGHT TO ENTER PROPERTY Abonmorche's proposal/work plan, dated verbal is incorporated into this Agreement by reference, and is limited to the services described therein, The. Client agrees to promptly pay for services provided by Abonmarche for the Scope of Work according to the following: (fee $) T/M rates 2 man field crew $125 hr, CADD tec $78 hr. Professional Surveyor $115 hr Not to exceed $9100 Prior to commencement of services, the Client will specify any and all documentation that the Client requires for submission with the invoice for services provided by Abonmarche. Absent any special request from the Client, Abonmarche will send its standard form of invoice. If, after receipt of an invoice from Abonmorche, the Client has any questions, or if there are any discrepancies in the invoice, the Client shall identify the issuein writing within ten ()0) days of its receipt. If no written objection is made within the ten (10) day period, any such objection shall be deemed waived. Abonmarche invoices are due upon receipt. The parties agree that interest of 1.5% per month will be added to any unpaid balance after 30 days. The Client has designated Dave McCormick as its Representative. The Representative shall have the authority to execute any documents pertaining to this Agreement or amendments thereto, and for the approval of all change orders, addenda, and additional services to be performed by Abonmarche. The representative shall be the contact person for submission of all documents, invoices 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 Abonmarche. By signing below, 1 acknowledge thatl have received and agree to the Terms and Conditions on Pace 2 of this Agreement and I understand that the Terms and Conditions take precedence over all prior oral and wriften understandings. These Terms and Conditions can only be amended. supplemented, modified, or canceled by a mitten instrument signed by both parties. Any notice or other communications shall be in writing and shall be considered to have been duly given when personally delivered or upon the third day after being deposited into first class certified mail, postage prepaid, return receipt requested. Authorized Client Representative If Individual I Authorized Abonmarche Rep resentative Client: McC nick Engineering Signature: I Signature: Signature: Cl wt. Printed Name: j panted Name: Michel J. Rozvcki, FITS'� ( u CCor✓»kCL �� Printed Name: Date of Birth: Title: Survev Manager Originating Abonmarche Consultants, Inc. Date Signed: — (a- I Driver's License #: Office: 750 Lincoln Way East South Bend, IN 46601 Federal Tax ID: Employed by: T 574.232.8700 F 574.251.4440 Address: City/State I Date Signed: Date Signed: Revised 8-19-2014 Page I oft TERMS AND CONDITIONS OF PROFESSIONAL SERVICES AGREEMENT I_ Agreement. chase terms and Condiflons shall be inwrpamfe]b, referpre pod ,Loll pre,a ll as the bails of the Client's Agreement to Abonmarche. Any Client document or commune.tr, In addition to or in conflict with these Terms and Condit: ono shall be subordinate and subject to these provisions. 2. Execution, Abonmarche has the option to render this Agreement null and void. it i= not executed within thirty (30) days of delivery. 3. Client Responsibilities. The Client will provide all criteria and information concerning the regotremenis of the Project. The Client will assume responsibility for interpretation c'f antraet documents and for construction observation and will waive all claims against Abonmarche that may be in any way connected, unless Abonmarche's veneer under this Agreement include full-time construction observation or review, of contractor's performance. 4. Performance. The standard of care for fun aces performed by or provided eby v Abonmon pr will be the care and skull ordinarily used e men id in the procession lily. cmg under similar circumstances at the some Time and in the some It to an Abonmamhe makes no .rarranty. expressed o implied, be respect r any v: does ages, d A, r expense (including natfu e �,vill not br liable rot any r des ddmect], Boa or expense usfinigrunt's fees) or other habit, or loon not directly and solely caused by the negligent acts, errors, or om3Bions of Abonmamhe. 5. atHourlyme Billing Rates. If p ryment is one hourly rate, Client will goy Abonmarche at ire current oral billing rates, the houry roles are adjusted annually or as deemed appropriate. 6. Reimbursable Expenses. e Client s Pre expenses, the actual cash incurred current or indirectly for the Client's Project, will be charged it Abonmarche': current,test Examples of saris .able expenses Include, but are notd delivery to: mileage, tests and .nand pretax equipment services, rinting and bindery charges. telephone trap olefax charge,, cotg, s chafing, and binding charges, commercial rs, and outside meals. lodging, special fees. licenses, l be permits. Sub obski, f andearn.[ technical fa forof11professional5.services will be charged Additionalan Sthe bssls d ire acNa1 costs times a teeter of 1.15. y. gremeServices. Additional services that may be providedementpursuant to the Agreement any ble, by wn r orchur al:on of the Agreement vat be and Abed. when possible, dawdler amendment siyned on u behalf a the Client to Abonmarche, Additonarlovis .nd Th S, perfoClient will e Abonmarch e are subject is all Terms and Cegulat , and the Client p be response in for t payment. Should the Chant addition to s ,eeh_ covered r any public body or Inspector diced dancing t i t er addition p service, eClie t this Agreement, including casts relating b the , and di.p lexth en the Client and a third party i.e. punch lists, change orders, and ices Siodd e^sf will be added to the agreed pike. Requests for extra services should be made in airing +e change order. but noon the less. Aspect Is entitled to be paid for extra s.r.aces provided whether or not It'd in .riling. 8. Underground Structures or Buried Utilities. The Client is fe,porrable for identification and location of all public and private buried strrrteres on The Client's property and the Project site, such as, bill not limited to, storage tanks and lines, of gas, water, sewer. electrical, phone, cable, or are/ other pabfic or private unifies. It Is agreed that Abonmarche h not responsible for accidental damage to utilities or underground hruaureswhether known, unknown or improper, located. The client shall be responsible for deaign fees It changes are necessary. Utility locating ar marking eeMwe provided by Abonmarche are not substitutes for complying with the uturN owner notification requirements or the Igcafng services (811 Wittiest required prior to on excavation. UtTfies shown as leached by ground penetrating radar are approximate only. No ediscilion took place to verify The positions shown a to verily the type of utility (except as noted). Careful excavation Is required for verification of the buried ruddy, The owner or customer assumes the risk of error and the actual location of the underground unity. Abonmar he is not providing any certification or guarantee recording the exact location of any undergo rno ullfly. 9. Underground Conditions, Abonmarche shall have no responsibility for the idenfhcotion of exihina or unforeseen, Starting underground conditions. The Contractor shall hove sole responsibility for determining the nature of underground conditiore and Tea means and method of dealing with those enr of lens. Abonmarche f, entitled to rely upon the Information provided by ie technid it consultant, and shall have no responsibility for the accuracy or concerns, of the data contained rn the ge itechnical reports. IdSite Access and Security. With the exception of accer, hishat land surveyors are affo,ed by law, the Client will prevbe Abonmarche access to the Project ,ire and the direct will be responsible for obtaining any necessary permission U am any affected third party proper/ owners for use of their lands. The Clear 3 ,del, responsible for site security. 1.Consultants. Abonmarche may engagr Consultants it the request of the Client a perform services which are Typhon, The Client's responshollltysuch ce surveys. aeatechrical and environmental ......Tank. The Client agrees that Abonmamhe will not be responsible far, of in any manner guarantee. the performance of services by the Consultants. Ft a Client agrees that Abonmarche will not be liable for any claim. Ilabt@y or defence cost for injury or loss sustained by any port. allegedly caused by the . frn,uVonti negligence or willful misconduct. 12.Opinions of Cost. Any barren. of probable construction -.ost ani total over cost provided tr Abonmarche will be on The basis of experience and jrdgm.nt but these are only estimates. Sbonmar_he does net warrant that bids or uRimore conslm Jlon or fora) project costswill not war✓ from such estimates. 13.Ownership of Work Product Abonmarche will remain the owner of all otlgiml drawings, report, and other materials provided to the Client..vhather In hard copy or magnetic media form. The Client is authorized to use the copies provided by Abonmarche an!. In connection with the Project, Any other use or loops b'y the Client for our purposes whatever will be at the Client's risk and full legal responsbllbr, will liability to .Abonmarche and The Cljent -.ill defend indemNfa and hold Abonmarche harmless from all claims, damages, lasses. and e..penees. Including attorney fees ausing out refurbishing therefrom. 14.Elechonic Media. Copies of data, reports, drawings, specincaricm, and other materials furnished by Abonmarche that may be relied upon by the Client are limited to the printed copies also known as hard copies) that are delivered to the Client pursuant to the services under this Agreement_ Computer files of text, tlala, graphics, or of other types of electronic media ore the sole pccess:on of Abonmarche. unless specifically stated otherwise in an amendment to this Agreement. Any electronic media provided under this Agreement to the Client are any for the convenience of the Client Any conclusions or Tformarion obtained ardm.ed from sash eieamnic flies mill beat the eels sole usi T5.Bonds and Permits. The Client ,will be responsible for the adoption of any site .ever, cr right of way bands that may be imitated on their behalf_ At completion of Abonmarche's set loss, the Client wll take respansblllfy and pay any ongoing bond or permit costs for any banded a' permuted services. I uAnsurance. The Client will cause Abonmarche and Abor marchers employees to be listed as additional insured on all general liability and property Iruurance policies carried by the Client that are applicable to the I roje_t Upon request the Client and Abonmarche 'rill each deliver to the other cedj,df,s of respi evidencing their coverage. The Client .vill require Ire Contractor to prvcnae in d maintain general Inability and other insurance as spil In the Contract Do-nments and to cause Abonmarche and Abonmarche', sling, ses to be lined as additional insured with respect to such liability anal other u,vuymi prerecord antl maintained by the Contractor for the Project V.Third parry Invoicing, If the Client directs Abonrfa the to imarde third Airy poyers. Abonmarche All do so, . but the Client agrees to be ultimately responsible for Abonamarre'scompensation until the Client provides Abonmarche with the third parts s written acceptance of all terms of this Agreement and until Abonmarche agrees to the substitution. P.Third Party Beneficiaries. Nothing contained in this Agreement shall create a mntr.cWal reldeirship r,lh or a Ouse of action In favor of o third party against either the Client or Abonmarche. Abonmarchr3 s services under this Agreement are being performed sole, for the Client's benefit, and no other party or entity shall ha-e any claim against Abonmamhe because of this Agreement or ifeirmeanae or nonperformance of senieze hereunder. The Client end Abonmarche agree to require a similar provision in all contracts with contractors, c b^ceraces , suppicaulants, vendors and a -her entitles Involved In this Prole, to carry out the intent of this provision. 19. Suspension of Services. In the event of non-payment by Client. Abonmarche will have the absolute right to cease performance of any services. 2J. Contractor's Work; Abonma, the shall have no authority to direct or control the Work of the Controcfcr or to stop the Work cf the Contractor. Abonmarche shall not be liable to arty party for the failure of the Conmact,f to perform the work son4tenl with the Plans and Specifications and appllmble Codes and Regulations. Abonmarche shall hard no responsibility or be liable for spay or xedures of the Contractor or its subcontractors. 21.Notois of Lien Rights. Abonmarche hereby carries, and the Client cekno.al=does that Abonmarche has lien rights on the Client's land and property when AbcnmaMte prT.ides later and materials for Pnjects on the Client's land and the Client does not goy for those arverum. 22.Legal Expenses. If Abonmamhe bring, a lawsuit governor the Client to collect invoiced fee' and expenses, the Client net be I...11, liable to pay Abontuarche9 expensee. irelutllff ifs actual attorney fees and costs. 46. Liability Limitation. Client and persons claiming through Client agree to limit the liability of Abonmamheis agents and employees forall claims arising eat of, In -.,no tlfon ,vIth, or re riding from, the performance of the services under this agreement to an amount of $2.r1Da or the tee paid to re for professional ,eyrie es on this pmjecl, whichever is greater. Client acknowledges that Abonnarche Is a corporation and agrees but in, claim made by Client wising out of on/ act or motion of any director, officer, or employee of Abonmarche, in execution uf perfomTonce of this Agreement, shall be made agamot Abonmarche and net against such director, officer, or employee. 24. Consequential Damages. The Client and Abonmarche waive consequential damages fit claims dispir-s or other matters Tn question relating to service provided as a part of this Agreement. includlng for example, but not forted to, less of yufssp,s. 25.Governing Law. This Agreement will be deemed to have been made in Baran County, Alichtg.n and shall be governed la, and construed in accordance with the lows of the Mate of 6fichigin. 26.Exclusive choice of forum. Each pally frevombly and unconditionally agrees that it will nor bring any action. Iltlgatrort, or proceeding against any other party in anyway arcing from orreiating to this Agreement in any forum other than the courts of the stare of Thchiean sitting in Berrien and any applicable Michigan appellate court. Each parry Irrevocably and a onditbncly submits to the ex:Iasrve U0,datis, of those courts and agree, to bring ant such know, litigation, or proceeding only in thase courts. Each party agrees that a final judgment In any such action, IBigafian, or proceeding is conclusive and ma; be enforced In other jurisdictions or suit on the incense or In any other manner provided by law. 27. Consideration. The successors, executor, administrator, and legal representeflues of the Client and Abonmarche are hare[,/ bound .,to the other with resped to the covenants, Agreements, and obligations of this Agreement. 28.Acts of God. Neither the Client nor Abonmamhe will have any [lability for nonperformance cowed In where of in part by cause, beyond Abonm amhe's reasonable contras Such causes IuJludebut ire not limited fa, Acts of Gad, rest antiwar, labor unrest and shms, act- of authorities, and events that could not be reasonably anticipated. 29.Term[nahom Either the Client or Abonmarche may terminate this A3reemenl by going ten TO) days written notice to the other party. In such an event the Client will pay Abonmarche In full for all services rrevfously authorized and pedcrned prior Ic the effective date of the termination, plus (of the discretion of Atanmarc'Te) a termination charge to cover finofaatlon of services necessary to bring ongoing services to a to jeal con lus ore. Such charge wll not exceed thing (30) percent of all charges pre.ansly incurred. Upon receipt of such p erhaul, Abonmache will return to the Client all documents and Information that .re the propedc of the Client. 30.Eaff a Agreement This Agreement contains the entire agreement betwee n the sister andthere are no agreements, representations, statements, o indcrstandings which have been client on by the parts which are nor stated In this Agreement. End of Agreement. Revised 8-19-2014 Page 2 of 2 City of South Bend Bowen Street Drainage Improvements Revision Date: 9/16/2016 Manhour Estimate for McCormick Engineering Professional Services Task Hours Rate Amount Topographic Survey by Abonmarche N/A $ 7,500.00 Drainage Easement preparation by Abonmarche* N/A $ 1,600.00 Soil Borings by Earth Exploration** N/A $ 3,000.00 Subtotal - Survey and Soil Boring Subconsultant Services $ 12,100.00 Research of previous off site plans N/A Not Included Review of overall watershed drainage N/A Not Included Preliminary Drainage Design Concepts 16 $ 135.00 $ 2,160.00 Narrative of Adjacent Property Improvements 20 $ 135.00 $ 2,700.00 Contract Document Preparation Drainage summary calculations 16 $ 135.00 $ 2,160.00 Plan Preparation 72 $ 135.00 $ 9,720.00 Technical Specification Preparation 32 $ 135.00 $ 4,320.00 Preparation of Bid Documents 16 $ 135.00 $ 2,160.00 Vendor coordination and cost estimates 12 $ 135.00 $ 1,620.00 Adjacent. Property Owner Coordination 28 $ 135.00 $ 3,780.00 Owner Coordination 16 $ 135.00 $ 2,160.00 Construction Administration Support - Shop Drawing Review 8 $ 135.00 $ 1,080.00 Construction in Floodway Permitting N/A Not Included Construction Administration Support - Progress Meetings 16 $ 135.00 $ 2,160.00 Subtotal - Engineering Design Services $ 34,020.00 Total - Engineering Design and Survey Services $ 46,120.00 Note: * a single drainage easement instrument is assumed ** a total of two sail borings not to exceed a total drillling depth of 40 feet assumed BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 09/19/16 Department Public Works Name Nadia Correa Division/Bureau Engineering BPW Date 09/27/16 Phone Extension 5796 Required Prior to Submittal to Board Legal ® Attorney Name: Michael Schmidt Controller El greater 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: n 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 Increase Decrease Previous Amount Current Percent of Change: New Amount Total Percent of Chanae: Copy Origina ® ❑ ® ❑ ® ❑ Required Information McCormick Engineerina. LLC 1' MUM Pu es, Approved by LJ No L_J Yes Name of Company Bowen Street Drainage Improvements 116-082 Southside Development Area TIFF 430-1050-460-42.03 (12020) ,260.00 Subject to RDC approval on Sept 29,2016 Project involves design of a storm line system in order to prevent ❑ Required Contractor's Certification Forms Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) For Chance Orders On Patrick C. Kerr Eric Horvath Jitin Kain