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HomeMy WebLinkAboutPSA - Arcadis US, Inc. - Create Data Standards for Water and Sewer Construction1316 COUNIY-CITv BUILDING 227 W. JEFFEMON Boul EVARD SouniBEND. INDIANA46601-1836 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS December 22, 2016 Amy Smitley Arcadis US, Inc. 132 East Washington Street, Suite 600 Indianapolis, IN 46204 RE: Professional Services Agreement Dear Ms. Smitley: PHONE 574/235-9251 FAX 574/235-9171 The Board of Public Works, at its meeting held on December 22, 2016, approved the above referenced agreement to create data standards for water and sewer construction data input and maintenance in the amount of $32,740. 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 c: Rene Casiano, Innovation and Tech GARY A. GILOT - SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JANIES A. MUELLER THERESB J. DORAU ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE This is Appendix 1, Engineer's Standard Hourly Rates, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services dated Engineer's Standard Hourly Rates A. Standard Hourly Rates: 1. 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: Design Tech II/Field Technician It 71 Drafter I/Field Technician III and N 84 Drafter II/Field Technician V 96 Document Tech 120 Project Assistant I and H 134 CADD Designer /Field Supervisor 184 Engineer/Scientist 125 Staff Engineer/Scientist/Architect 140 Project Engineer/ Scientist/Architect 150 Senior Engineer/ Scientist/Architect 1 162 Senior Engineer/Scientist/Architect H 185 Principal Enghneer/Scientist/Architect 1 232 Principal Engineer/Scientist/Architect H 265 Engineer/Scientist Director 281 Appendix 1, Standard Hourly Rates Schedule EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. Page I This is Exhibit A, Scope of Basic Engineering Services, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services dated Scope of Basic Engineering Services Project Understanding The City of South Bend (City) has undergone an Asset Management Gap Analysis and Roadmap to provide a high level overview of its asset management needs. One of the roadmap projects (IT 4) is to develop a standard operating procedure (SOP) for asset data management. The following scope of services is designed to develop this SOP for data management of water and sewer linear infrastructure based on industry best practices applied to the City's current and near-tenn resources. These resources include City staff, contracted support and technology such as Esri GIS. The City has many sources of data for updating the GIS including as -built drawings, site plans, and operational updates from contractors and other city departments that effect utility assets. To establish an efficient and cost-effective maintenance process, this SOP will set policies to govern the use of these data sources for maintaining the GIS and other related IT systems. Task 1: Organizational and Architecture Documentation Arcadis will provide a GIS System Architect to work on site with the City's key staff who are familiar with the current process for maintaining and using water and sewer linear asset data. Activities within this task include: • Identification of sources and formats of applicable data o Quality of data typical of each source o Frequency and timeliness of data delivery from each source • Prioritization of data uses o Needs from each City Department o Benefits of systems integration o Potential processes improvements Identification of hardware and software utilized by data editors and consumers o Servers o Field devices o Internet/intranet connectivity and bandwidth o GIS products and services o Maintenance management, inspection, modeling and financial software Deliverables: • Water and sewer linear asset data requirements documents • Data source matrix • IT network infrastructure document Exhibit A, Scope of Basic Engineering Services Page 1 Task 2: Water and Sewer Linear Asset Data Management SOP Arcadis will work with City staff to develop the data management SOP along with the necessary documents to support implementation and ongoing refinement of the procedures. Arcadis will hold a series of focused workshops to present drafts of the documentation and solicit feedback for refinement and to ensure practical near -term implementation. The resulting SOP will leverage technology wherever possible to automate processes and to minimize duplication of efforts and labor intensive tasks. Deliverables: • Data management SOP o Business processes diagram o Data quality control matrix o Database maintenance procedures o Metadata documentation requirements Schedule Arcadis is prepared to begin work immediately upon written authorization to proceed. We envision an eight week schedule for this project, which will be dependent upon the City's availability. Budget The project will be completed on a time and materials basis for the total fee indicated below. Budgets for the tasks are estimated in the following table. Budget Task Description Hours Labor Expenses Total 1 Organizational and Architecture 85 $16,300 $70 $16,370 Documentation 2 Water and Sewer Linear Asset Data 85 $16,300 $70 $16,370 Management SOP Total $32,600 $140 $32,740 Exhibit A, Scope or Basic Engineering Sei Ices Paee 2 SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of Q,Jkq)d &"(;QV ("Effective Date") between Board of Public Works, City of South Bend, Indiana ("Owner") and Arcadis U.S., Inc., a for -profit corporation chartered under the laws of the State of Delaware, licensed to do business in Indiana, having is principal place of business at 630 Plaza Drive, Highlands Ranch, Colorado 80129 and with offices at 132 East Washington Street, Suite 600, Indianapolis, Indiana 46204 (`Engineer"). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: ArcGIS Water and Sewer Data Procedures ("Project"). Engineer's Services under this Agreement are described in Exhibit A, Scope of Basic Engineering Services, attached hereto and incorporated herein. Owner and Engineer further agree as follows: 1.01 Basic Agreellnent and Period of Seance 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: five months from the Effective Date. 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 35 days of receipt. hi 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 nmi-disputed claims against Engineer for any such suspension. 3.01 Terininnationn A. The obligation to continue performance under this Agreement may be terminated: 1. For cause, EJCDC E-520 Short Porm of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. Paul 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 3.0l.A.l.b. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.01.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. 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.B 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 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. 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 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. 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 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. 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. E. 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. F. 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. G. 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 TotalAgreement 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 Hourly Rates Plus Reimbursable Expenses A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 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 for all services performed on the Project, plus reimbursable expenses and Engineer's consultants' charges, if any. 2. Engineer's Standard Hourly Rates are attached as Appendix 1. 3. The total compensation for services and reimbursable expenses is estimated to be $32,740. 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 EJCDC E-520 Short Form of Agreement Between owner and Engineer for Professional Services. Copyright ©2009 National Societe' of Professional Engineers for EJCDC. All rights reserved. Pace 4 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 Exhibit A, Scope of Basic Engineering Services IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner: City of South Bend, Indiana Board of Public Worksk� By: .�J -) a Title: Gary A. Gilot, President By: Title: S Za:,hA� L't`t{Z'(.r' r, me Nm6; c By: Title: Jam A. Mueller, Member By: Title: Elizabeth A. Maradik/,, Member �-��- By: Title: Therese J. Doran, mbe Attest �-a--� Title: da Martin, Clerk Engineer: Arcadis U.S., Inc. By: Title: Amy Smitley, Principal lgineer Date: /-��- �- �� Date: Address for giving notices: 227 West Jefferson Boulevard South Bend. Indiana 46601 Designated Representative (Paragraph 8.03.A): Rene Casiano Title: Director of Applications, Innovation and Technology Phone Number: (574) 235-5897 December 15.2016 Engineer License or Fimfs Certificate No. PE10200631 State of: Indiana Address for giving notices: 132 East Washington Street, Suite 600 Indianapolis, IN 46204 Designated Representative (Paragraph 8.03.A): Amy E. Smitley, PE Title: Associate Vice President Phone Number: E-Mail Address: rcasiano@southbendin.gov E-Mail Address: 317-231-6500 Amy.Sniitley@areadis.com EJCDC E-520 Short Eorm of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 INTER -OFFICE MEMORANDUM Information Technologies Department 227 W Jefferson Blvd (574) 245-6000 TO: Board of Public Works, Linda Martin CC: Dan O'Connor, Michael Schmidt, George King, John Murphy FROM: Rene Casiano SUBJECT: Arcadis Water and Sewer Data Procedures DATE: 12/15/16 Linda and Members of the Board - We are submitting for review and approval a professional services contract with Arcadis. The professional services will be used for the assessment and documentation of water and sewer data intake, data standards, and data processing to ensure better electronic capturing of drawings of record. The amount of the agreement is $32,740. Thank you. Rene Casiano, Director of Applications BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 2016-12-09 Name Rene Casiano Department Office of Innovation BPW Date 2016-12-22 Phone Extension 5897 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 U 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 Arcadis New Vendor ❑ Yes ® No ❑ If Yes, Approved by Purchasing MBE/WBE Contractor ❑ MBE ❑ WBE MBE/WBE Contractor Requested ❑ No ❑ Yes Name of Company Project Name ArcGIS Water and Sewer Data Procedures Project Number Funding Source IT Professional Services Account No. 404-0672-415-31-06 Amount $ 32,740 Terms of Contract Purpose/Description Create modern data standards for water and sewer construction data input and maintenance ❑ Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination. Non -Debarment. E-Verifv. Iran. etc.) Amount of U Increase F] Decrease Previous Amount $ Current Percent of Change: New Amount $ Total Percent of Change: % Dispersal After Approval Copy Original ❑ ❑ ❑ ❑ ❑ ❑