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HomeMy WebLinkAboutPSA - Black & Veatch Corp - Peer review for LTCP1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS March 28, 2017 Donnie Ginn Black and Veatch Corporation 8415 Allison Point Blvd., Suite 410 Indianapolis, IN 46250 RE: Professional Services Agreement Dear Mr. Ginn: PHONE 574/235-9251 FAX 574/235-9171 The Board of Public Works, at its meeting held on March 28, 2017, approved the above referenced agreement for peer review Long Term Control Plan relook, data/models and findings in the amount of $74,965. Enclosed please find the original of the agreement for your signature. Please sign and return the original agreement to our office and retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Q'l #_*-�0-A� Linda M. Martin, Clerk Enclosure c: Kieran Fahey, Engineering GARY A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAN Es A. MUELLER THERESE J. DORAU AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND BLACK AND VEATCH CORPORATION THIS AGREEMENT is made effective the. 2 y day of h1Gt 6,L , 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 Black and Veatch Corporation, a Delaware corporation ("Engineer"). RECITALS WHEREAS, Engineer has experience and expertise in the areas of combined sewage management and mitigation, water quality and engineering project management which are required by the City; and WHEREAS, the City desires to retain the services of Engineer under contract to undertake the work as described in Exhibit A. 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 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 of care and diligence normally practiced by recognized engineering firms in performing services of a similar nature. If, during the six month period following the earlier of completion or termination of the Services it is shown there is an error in the Services caused solely by Engineer's failure to meet such standards, and City has promptly notified Engineer in writing of any such error within that period, Engineer shall perform, at Engineer's cost, such corrective engineering services within the original Scope of Services as may be necessary to remedy such error. Section 2. Consideration. The Engineer will be paid as set forth at Exhibit "A". The total consideration under this Agreement shall not exceed the sum of seventy-four thousand nine hundred and sixty five dollars ($74,965). 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. Section 3. Term (and Renewal Option, if Applicable). This Agreement shall be effective for a period of 180 days commencing on 2017 ("Effective Date") and shall end when the Engineer has satisfactorily completed and delivered the work as listed in Exhibit A, expected to be no later than December 31, 2017 ("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 pail 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 patties, 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 employee(s) or agent(s) of the other party for any purpose whatsoever. Neither patty will assume liability to the other patty 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. To that extent, Engineer shall indemnify City against any and all claims, demands and causes of action for bodily injury to or death of persons or for damage to or destruction of property (other than property of City or construction work in progress, for which City shall have responsibility) resulting solely from any and all negligent physical acts of Engineer while at City's facility. The parties hereby waive all claims for property damage against the other, however, such damages may be caused, including without limitation the negligence or fault of the other party, and shall require their insurers to waive subrogation rights against the other party under any applicable policy of property insurance. The Engineer shall be solely responsible for providing all necessary unemployment and workers' compensation insurance for the Engineer's employees as provided in Section 20. Notwithstanding any provision in this Agreement to the contrary, and to the fullest extent permitted by law, Engineer (including any of its related or affiliated companies) shall not be liable to City and City expressly waives all claims for loss of profits, revenue, use, opportunity, and goodwill; cost of substitute facilities, goods, and services; cost of capital; increased operating costs; and for any special, indirect, incidental, consequential, punitive, or exemplary damages resulting in any way from the performance or non-performance of the Services whether arising under breach of contract or warranty, tort (including negligence), indemnity, strict liability or other basis of legal liability. 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 22-5-1.7-3. 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. Section 17. Opinions of Cost; Construction Means, Methods; Safety. Engineer does not guarantee that proposals, bids or actual project costs will not vary from Engineer's opinions of probable cost or that actual schedules will not vary from Engineer's projected schedules. Engineer shall not be responsible for: (1) construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the Project; (2) the failure of any contractor, subcontractor, vendor, or other Project participant, not under contract to Engineer, to fulfill contractual responsibilities to the City or to comply with federal, state, or local laws, regulations, and codes; or (3) procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to Engineer in Exhibit A, Scope of Services. Section 18. Ownership of Documents and Intellectual Property. Project specific engineering documents, drawings, and specifications prepared by Engineer as part of the Services shall become the property of City when Engineer has been compensated for all Services rendered, provided, however, that Engineer shall have the unrestricted right to their use. Engineer shall, however, retain its rights in its standard drawing details, specifications, data bases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of Engineer. All documents, including, but not limited to, drawings, specifications, and computer software prepared by Engineer pursuant to this Agreement are instruments of service in respect to the Project. They are not intended or represented to be suitable for reuse by City or others on extensions of the Project or on any other project. Any reuse without prior written verification or adaptation by Engineer for the specific purpose intended will be at City's sole risk and without liability or legal exposure to Engineer. Section 19. Delay in Performance. Except for City's payment obligation, neither City nor Engineer shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non -performing party. Should such circumstances occur, the non -performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Engineer shall be entitled to an equitable adjustment in schedule and compensation in the event such circumstances occur Section 20 Insurance. Engineer shall maintain in force, during the period that Services are performed, workers' compensation insurance in accordance with the laws of the states having jurisdiction over Engineer's employees who are engaged in the Services and employer's liability insurance with a limit of $1,000,000 each occurrence and in the aggregate. Engineer also shall maintain commercial general liability insurance with a limit of $I,000,000 per occurrence and in the aggregate; automobile liability insurance with a combined single limit of $1,000,000; and professional liability insurance with per claim and aggregate limit of $1,000,000. City shall require all Project contractors under contract with City to include City and Engineer as additional insureds on their general, automobile, excess and umbrella liability insurance policies. Further, City shall obtain and maintain for the benefit of Engineer the same indemnities, insurance benefits, and waivers of subrogation rights obtained for the protection of City from any construction contractor and subcontractor working on the Project and shall obtain from that contractor and subcontractor insurance certificates evidencing the required coverages. 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. CK A VEA ig ure Donnie Ginn, Associate Vice President hinted Name and Ttl(e 3/20/17 Date: 8415 Allison Point Blvd, Suite 410 Stree! Address ar Indianapolis, IN 46250 Cit)i Smte Zip (317)570-8331 Tetephmre CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS (� �A Gary Gi ot, President James Mueller, Member Elizabeth Maradik, Member Therese Doran, Member Suzanna Fritzberg, Member Engineer License or Firm's Certificate ntunber: 10606563 State of. Indiana Engineer Designated Representative Name: Maceo Lewis RE. Address: 8415 Allison Point Blvd., Suite 410 Indianapolis, IN 46250 ATTEST: Linda Martin, Clerk Date: .31) 7 City Designated Representative: Name: Kieran Fahey Title: Director, CSO LTCP Management EXHIBIT A SCOPE OF SERVICES City of South Bend ("Owner") hereby engages Black & Veatch Corporation ("Engineer") to perform a peer review of the Combined Sewer Overflow (CSO) Consent Decree (CD) Program and Long Term Control Plan (LTCP) Update and to provide strategy development support. The Owner has undergone a project to re-evaluate the original LTCP to optimize the collection system improvements. The purpose of this effort is to provide a peer review of the LTCP Update documents developed by others and to support the LTCP and CD Program strategy going forward. The services to be performed by the Engineer shall include the following tasks. TASK 1 — DOCUMENT AND INFORMATION REVIEW Engineer will receive and review available documents and information related to Owner's CD Program to perform the peer review services. Documents and Information that will be reviewed include: • Background data review • Existing system evaluation • Alternatives development • Treatment process model development • Non -consent decree project inventory • Affordability analysis • Hydraulic Model Enhancements • Green Infrastructure and separation conceptual alternatives • System optimization • Water Quality benefits analysis • Regulatory strategy and negotiations support • CHRS Node development • TBL Benefit criteria identification • IP Prioritization approach establishment • Community outreach development • Project controls and budget approach • Project management • Advisory Committee co-ordination • Collection system model refinement • Optimization analysis planning • CHRS integration • Water Quality analysis integration • Development of optimization cost functions • Alternative concept and level of control optimization analysis TASK 2 — LONG TERM CONTROL PLAN UPDATE REVIEW Engineer will perform a peer review of the Long Term Control Plan Update documents included in Task 1. By performing the review, the Engineer does not make any guarantees to the accuracy of the proposed solutions and planning level estimates. Engineer will prepare and submit a draft Technical Memorandum summarizing the results of the LTCP Update documents review. Any recommended changes, modifications or enhancements will be summarized. Following receipt of Owner comments, a final Technical Memorandum will be submitted. Up to five paper copies and one electronic copy of the draft and final Technical Memorandum will be provided. TASK 3 — STRATEGY DEVELOPMENT SUPPORT Engineer will support Owner with developing the Owner's strategy to approach the EPA with a revised plan. Strategy development will include discussions and consultations related to the revised plan and the proposed strategy as well as meetings included under Task 4. TASK 4 — PROJECT MEETINGS Engineer will attend up to two meetings with the Owner, one a kick-off meeting to discuss the proposed peer review and strategy development effort. A second meeting following submittal of the draft Technical Memorandum to discuss the peer review recommendations and strategy going forward . The duration of each meeting is anticipated to be up to four hours. Engineer will submit meeting summary notes for each meeting within 10 business days of conducting the meetings. In addition, up to two teleconferences, approximately two hours each, are included. TASK 5 — PROJECT MANAGEMENT Provide project supervision, direction, and coordination with the Owner's management and staff. Project administration and management also includes budget and schedule control, client management support, document control, coordination of activities, monthly invoicing and project close-out. Engineer will maintain a change register of any scope changes affecting the project budget or schedule and review it with the Owner on a monthly basis. Engineer shall discuss and receive written approval for any scope changes from the Owner prior to proceeding. SUPPLEMENTAL SERVICES Engineer can provide supplemental services when requested by the Owner. Upon request, Engineer will provide additional services to support the Long Term Control Plan Update or other Consent Decree engineering needs. Such services may include, but are not limited to, additional meetings or presentations, additional peer reviews, cost reviews or estimating, development of opinion of probable project costs, planning or preliminary engineering services, additional strategy support, or other related services. Such services will be provided based on terms and fees as mutually agreed upon by the parties. COMPENSATION Engineer shall be paid a lump sum for the Services indicated herein. Engineer shall invoice City monthly on a percent complete basis for Services rendered at the time of billing. City shall pay Engineer within 30 days of receipt of the approved invoice. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 03/20/2017 Name Kieran Fahey Department LTCP BPW Date 03/2812017 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 ❑ Professional Services Bid Opening Quote Opening Change Order No. _ Ease/Encroach. Other: Contract ❑ Proposal ❑ Addendum Resolution Bid Award ❑ Req. to Advertise ❑ Title Sheet Quote Award C/O & PCA No. ❑ PCA Traffic Control Company or Vendor Name: Black and Veatch Corporation New Vendor ❑ Yes ® No ❑ If Yes, Approved by Purchasing MBEMBE Contractor ❑ MBE ❑ WBE MBE/WBE Contractor Requested ® No ❑ Yes Name of Company Project Name LTCP relook Peer review Project Number 117-045 Funding Source Wastewater Account No. 641-0630-793-31-02 Amount $ 74,965 Terms of Contract To peer review LTCP relook data/models, findings, etc Purpose/Description ❑ Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) Amount of ❑ Increase Decrease Previous Amount Current Percent of Change: New Amount Total Percent of Change: Dispersal After Approval Copy Original ❑ ❑ ❑ ❑ ❑ ❑