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HomeMy WebLinkAboutPSA - American Structurepoint - Leeper Park CSO Tank Design1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 466014 830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS February 14, 2017 Jordan McCormack American Structurepoint 7260 Shadeland Station Indianapolis, IN 46256 RE: Professional Services Agreement Dear Ms. McCormack: PHONE 574/235-9251 FAx 574/235-9171 The Board of Public Works, at its meeting held on February 14, 2017, approved the above referenced agreement regarding the Leeper Park CSO tank design in the amount of $48,860. 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: Kieran Fahey, Engineering GARY A. GILGT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAMEs A. MUELLER THERESE J. DORAU AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND AMERICAN STRUCTUREPOINT, INC. of South Bend, Indiana THIS AGREEMENT is made effective the 14th day of February, 2017 by and between the City of South Bend, Indiana, a municipal corporation organized and operating under the laws of the State of Indiana, acting by and through its Board Department of Administration and Finance ("City") and American Structurepoint, Inc. ("Engineer"). RECITALS WHEREAS, Engineer has experience and expertise in designing combined sewage storage (CSO) tanks that are required by the City in its CSO Long-term control plan; and WHEREAS, the City desires to retain the services of Engineer under contract to commence the design of the facility as described in Exhibit A to meet the requirements of the City's CSO long-term control plan, specifically by undertaking an initial project seeping exercise for the Leeper Park CSO storage tank as detailed in Exhibit A; and complete the design and construction administration of such tank project, if authorized. WHEREAS, the City has determined that due to Engineer's experience and expertise, it is in the best interests of the City to retain Engineer's services under the terms and conditions set forth in this Agreement; and WHEREAS, both parties understand that this contract is for, and limited to, the initial design stages as described in Exhibit A only, and this contract does not guarantee that the City will continue to use the services of the engineer beyond the tasks described in Exhibit A. Also both parties agree that by undertaking this contract the Engineer is not prohibited in any way from proposing on future work on this same CSO long-term control plan project, Leeper Park tank. NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the City and Engineer hereby agree as follows: Section 1. Duties of the Engineer. The Engineer shall provide the Services which are more particularly described at Exhibit "A" attached hereto and incorporated herein. The Engineer shall execute its responsibilities by following and applying at all times the industry standard professional and technical guidelines and standards. Section 2. Consideration. The Engineer will be paid as set forth at Exhibit 'A ". The total consideration under this Agreement shall be lump -sum and not exceed the sum of Forty Eight Thousand Eight Hundred and Sixty Dollars ($48,860). Any payment that the City may deny or withhold or delay shall not be subject to penalty or interest under Indiana Code § 5-17- 5.X Section 3. Term (and Renewal Option, if Applicable). This Agreement shall be effective for a period of 360 days commencing on February 14`h 2017 ("Effective Date") and shall end when the Engineer has satisfactorily met the design criteria of Exhibit A, expected to be no later than February 14, 2018 ("Expiration Date"). The Parties may mutually agree in writing to extend the term of this Agreement subject to the same terms and conditions set forth in this Agreement unless otherwise mutually agreed by the Parties in writing. Section 4. Assignment; Successors. The Engineer shall not assign or subcontract the whole or any part of this Agreement without the prior written consent of the City. Section 5. Changes in Scope of Services. The Engineer understands and agrees that it shall not commence any additional work or change the scope of the Services provided unless authorized in writing by the City. No claim for additional compensation shall be made by Engineer in the absence of prior written approval of the Parties. Section 6. Governing Law; Compliance with Laws. This Agreement shall be construed and interpreted according to the laws of the State of Indiana. The Engineer agrees to comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby are hereby incorporated herein by reference. Engineer shall comply with federal, state and local law in its hiring and employment practices and policies for any activity covered by this Agreement. Further, the City shall not be required to pay for Services that are inconsistent with or in violation of this Agreement nor for any Services performed in violation of federal, state or local statute, ordinance, rule or regulation Section 7. Relationship/Independent Engineer. Both parties, in the performance of this Agreement, shall act in an individual capacity and not as agents, employees, partners, joint venturers or associates of one another. The employee(s) or agent(s) of one party shall not be deemed or construed to be the employees) or agent(s) of the other party for any purpose whatsoever. Neither party will assume liability for any injury (including death) to any person(s), or damage to any property, arising out of the acts or omissions of the agents, employees or sub - engineers of the other party. The Engineer shall be solely responsible for providing all necessary unemployment and workers' compensation insurance for the Engineer's employees. Engineer is solely responsible for compliance with federal, state and local laws and regulations relating to taxes and social security payments that may be required to be made in connection with the compensation provided under this Agreement. The City, however, may file informational returns with the United States Internal Revenue Service or similar state agency regarding payment made to Engineer in accordance with this Agreement under conditions imposed by federal, state or local laws applicable to such payment. The City shall provide IRS Form 1099, if applicable. Section 8. Entire Agreement, This Agreement sets forth the entire agreement and understanding between the Parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them. Section 9. Funding Cancellation and Payments. In accordance with I.C. 36-1-12.5- 5(d)(4), payments by the City are subject to annual appropriation by its fiscal body. When the City makes a written determination that funds are not appropriated or otherwise available to support continued performance of this Agreement, this Agreement shall be cancelled. A determination by the City that funds are not appropriated or otherwise available to support continuation of the performance shall be final and conclusive. Section 10. Termination. This Agreement may be terminated, in whole or in part, by the City whenever, for any reason, the City determines that such termination is in the best interest of the City. Termination shall be affected by delivery to the Engineer of a Termination Notice at least thirty (30) days prior to termination effective date, specifying the extent to which performance of services under which such termination becomes effective. The Engineer shall be compensated for performance prior to the notice date of termination but in no case shall total payment made to Engineer exceed the original Agreement price due on Agreement. No price increase shall be allowed on individual line items if canceled only in part. Section 11. Non -Collusion and Acceptance. The undersigned attests, subject to the penalties for perjury, that he/she is the Engineer, or that he/she is the properly authorized representative, agent, member or officer of the Engineer, that he/she has not, nor has any other member, employee, representative, agent or officer of the Engineer, directly or indirectly, to the best of the undersigned's knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he/she has not received or paid, any sum of money or other consideration for the execution of this Agreement other than that which appears upon the fact of this Agreement. Section 12. E-Verify. The Engineer affirms under the penalties of perjury that he/she/it does not knowingly employ an unauthorized alien. The Engineer shall enroll in and verify the work eligibility status of all his/her/its newly hired employees through the E-Verify program as defined in IC 22-5-13-3. The Engineer shall not knowingly employ or contract with an unauthorized alien. The Engineer shall not retain an employee or contract with a person that the Engineer subsequently learns is an unauthorized alien. The Engineer is not required to participate in the E-Verify program should the E-Verify program cease to exist. Additionally, the Engineer is not required to participate if the Engineer is self- employed and does not employ any employees. The Engineer shall require his/her/its sub -engineers, who perform work under this contract, to certify to the Engineer that the sub -engineer does not knowingly employ or contract with an unauthorized alien and that the sub -engineer has enrolled and is participating in the E-Verify program. The Engineer agrees to maintain this certification throughout the duration of the term of a contract with a sub -engineer. The City may terminate for default if the Engineer fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. Section 13. Minority and Women's Enterprise Diversity Development. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Engineer's good faith efforts to obtain participation by those Engineers certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. Notwithstanding the foregoing, the award and performance of all City contracts shall comply with applicable federal, state, and local laws. Section 14. Non -Discrimination. The City of South Bend is committed to ensuring equality of opportunity and does not exclude, deny the benefit of, or otherwise subject any person to discrimination in any City program, service or activity on the basis of race, color, national origin, sex, age or disability. Engineer agrees to comply with and to act consistently with this policy in the performance of Engineer's duties. Section 15. Corporate Authority. The person signing on behalf of the Engineer represents that he/she has been duly authorized to execute this Agreement on behalf of the Engineer, and has obtained all necessary and applicable approvals to make this Agreement fully binding upon the Engineer after acceptance by the City. Section 16. Drug -Free Workplace. The Engineer hereby agrees to make a good faith effort to provide and maintain a drug -free workplace. The Engineer will give written notice to the City within ten (10) days after receiving actual notice that the Engineer or an employee of the Engineer within the State of Indiana has been convicted of a criminal drug violation occurring in the workplace. IN WITNESS WHEREOF, the Parties hereto, through their duly authorized representatives, have caused this Agreement to be executed as of the day and year first written above. The parties have read and understand the foregoing terms of this Agreement and do, by their respective signatures hereby agree to its terms. AMERICAN STRUCT_URnEPPOINTT Signature M c�kmc> tA" c2y P Printed Name and Title Date: a W `�__ -:+ZED O SVIa�1 Street Address A-Fi.. lion P.O. Box lv dla o1i , LN 4V0?S City, State Zip Telephone Fax EngineaLor Firm's Certificole nu er: State of Engineer Des�iggn{atteed,�Reprrees/e�ntt ative Name: l lb &v\\ t r c, r a0Ai WIZOIL•r IM".1•1 ao W�) IN +( 00( CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS ary Gilot, President J es Muellerber, Elizabeth Maradik, Member Therese Dorau, Member Suzanna Fritzberg, Member ATTEST: � Linda Martin, Clerk Date: City Designated Representative: Name: Kieran Fahey Title: Director, CSO LTCP Management Special Provision This is a Special Provision, regarding the City's Consent Decree which is integral to, and part of, the Agreement between City and Engineer for Professional Services dated 14"' February, 2017. Project: 117-030 Description: Leeper Park CSO Tank Design The City of South Bend is subject to a Consent Decree regarding certain prescribed changes required to be made to the City's Combined Sewer System. This project is one of the prescribed projects contained in the City's Consent Decree. To Whom It May Concern, Engineer shall perform, or cause to perform, all work undertaken in connection with this Agreement in conformance with the terms of the Consent Decree entered in the U.S. District Court on May 2, 2012 by the United States and the state of Indiana (Case No. 3:11CV505). Engineer acknowledges that it has been provided a complete copy of the Consent Decree. The Consent Decree can also be viewed online at: http://southbendin.gov/sites/default/files/files/PW 2012-05- 02SouthBendConsentDecreeAsEntered.pdf In accordance with the requirements of the City's Consent Decree, the Engineer agrees to preserve all non -identical copies of all documents, records and other information (whether in physical or electronic form) within Engineer's possession or control and which relate, in any manner, to the performance of the work undertaken in connection with this agreement for a period of 1 year after the completion contemplated by the agreement (the `Retention Period"). Prior to the end of the retention period, or at any earlier time if requested by the city, engineer shall provide the city with complete copies of such documents, records and other information at no cost to the city. The copies shall be provided to the city on suitable electronic media with files in the adobe PDF format or other appropriate open data format. The information being transferred to the City shall be suitably named so as to allow for easy data retrieval. No part of any file shall be encrypted or protected from copying. Such copies shall be accompanied by a verified written statement from the engineer attesting that it has provided the City with complete copies of all documents, records and other information which relates to the work contemplated by the agreement. The Engineer shall sign and adhere to this letter concerning the requirements of the City's Consent Decree. On behalf of the Engineer v ( ignature) M. David Mohler II. PE, LEED AP (Printed name) American Structurepoint, Inc. (Company) Februaa6,20172017 Date On behalf of the City vL � Kieran iey Director, SO LTCP Ma gem , City of South Bend, Indiana. /G o Date EXHIBIT A Scope of Services General Scope of Services Leeper Park Tank Project Definition Statement The Engineer shall compile a project definition statement for the Leeper Park Storage tank to establish the basis of design: The design of the Leeper Park Tank is scheduled to begin before March first, two thousand and seventeen (3/1/2017). The Engineer will develop a project definition statement by completing the following engineering services tasks: TASK 1: Brief project history and introduction Preparation of the basic definition of the project with respect to needs of the project, location, and impact on the LTCP Phase 2 program. TASK 2: Conceptual Design Development of a Basis of design that includes: Confirmation of the tank size and location Completion of a collection system routing study Determining the tank design components Review of utility co-ordination Completing a preliminary structure layout and cross section figure. Compensation — Lump -Sum: Task1.............................................................$12,500 Task2.............................................................$36,360 TOTAL............................................................ $48, 860 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 02/07/2017 Name Kieran Fahey Department LTCP BPW Date 02/14/2017 QQ yp y Phone Extension 5993 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 ❑ Agreement Professional Services Bid Opening Quote Opening Change Order No. _ Ease/Encroach. U Resolution ❑ Bid Award ❑ Quote Award ❑ C/O & PCA No. ❑ Traffic Control or Vendor Name: American Structurepoint Proposal ❑ Req. to Advertise ❑ PCA 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 Leeper Park CSO Tank Design Project Number 117-030 Funding Source Account No. Amount Terms of Contract Purpose/Description Wastewater 641-0630-793-31-02 ❑ Title Sheet To undertake the Leeper Park CSO tank design -Project Definition Statement City's LTCP Consent Decree requires it commence design of the Leeper Park CSO storage tank by 3/1/17. This contract satisfies that federally mandated requirement. ❑ Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination. Non -Debarment. E-Verifv. Iran. etc.) Amount of H Increase $ ❑ Decrease $ Previous Amount $ Current Percent of Change: % New Amount Total Percent of Change Copy Original ® ❑ ❑ _ ❑ ❑ _ ❑ Jordan McCormack at American Structure