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HomeMy WebLinkAboutPSA - Arcadis US - Assessment of Need for Replacement Utility Billing SystemaE SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of u` �%�� /�U/ '7 ("Effective Date") between Board of Public Works, of laws ouch Rend, Indiana ("Owner") and Arcadis U.S., Inc., a for -profit corporation coat Mate 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 pant, is generally identified as follows: Asset Management Gap Analysis and Roadma ("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 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: 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. 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. 3.01 Termination A. The obligation to continue performance under this Agreement may be terminated: 1. For cause, FJCDC E-520 Short Form ofAgreement Between Owner and Enghteer for Professional Services. Copyriglit CQ2009 National Society of Professional Engineers for EJCDC. All rights reserved. Paee I 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.I.b. 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 eceipt of the notice. 2. For convenience, by Owner effective upon Engineer's receipt of written notice from Owner. B. The terminating party under Paragraph 3.0 LA 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 4.0 LB 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 EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional services. Copyright ©2009 National Society of Professional Engineers for EdCDC. All rights reserved. Page 2 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 expenses, including attorneys' fees, arising out of or resulting from any use, EJCDC E-520 Short For►n of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engi►►ee►s for EJCDC. All rights reserved. Paize 3 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 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 Hourly Rates Plus Reimbursable Expenses A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1. 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 not to exceed $45,908. 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; i JCDC E-520 Short Form of Agreemenf Between Owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Engincers for EJCDC. All rights reserved. Page 4 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: Engineer: City of South Bend, Indiana Board of Public Works Areadis U.S., Inc. By: By: Title: Gary A. Gilot, President' q / Title: AmyO . Smitley,' ssociate "Vice President By: A n 14 /1C Title: -b44id P.ste9, Member J By: Title: James A. ueller, Me ber By: Title: Elizabeth A. Maradik, Member By: /L Title: Therese J. D rau, Member Attest:"ida �_cL� .. Title: in, Clerk Date: / - ,? 5I dol I Date: April 13, 2017 Engineer License or Firm's Certificate No. State of: Indiana Address for giving notices: Address for giving notices: 227 West Jefferson Boulevard 132 East Washington Street, Suite 600 South Bend, Indiana 46601 Indianapolis, IN 46204 Designated Representative (Paragraph 8.03.A): Matt Coats Title: Applications Developer Phone Number: (574) 235-5817 Facsimile Number: E-Mail Address (574) 235-9I71 Designated Representative (Paragraph 8.03.A): Amy E. Smitley, PE Title: Associate Vice President Phone Number: Facsimile Number: mcoats southbendin. ov E-Mail Address: 317-231-6500 317-231-6514 PE10200631 AM.Smitley@areadis.com EJCDC E-520 Short Form ofAgreemew Between Ownerand Engineer for Professional Services. Copyright 02009 National Society of Professimral Engineers for EJCDC. All rights reserved. Pare 5 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 11 71 Drafter I/Field Technician III and IV 84 Drafter II/Field Technician V 96 Document Tech 120 Project Assistant I and II 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 II 185 Principal Engineer/Scientist/Architect I 232 Principal Engineer/Scietitist/Architect 11 265 Engineer/Scientist Director 281 Appendix 1, Standard Hourly Rates Schedule EJCDC 1-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright M009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 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's water department recently performed a current state assessment of their utility billing system and processes, then developed a business case for the replacement of their utility billing system which showed that replacement is advantageous to the City. The City has elected to take the next step in this project by retaining Arcadis to assist with Future State Planning for the new utility billing system. The City desires the new billing system to be compatible with the Microsoft platform that may provide cost savings through a State agreement. Project Tasks The following tasks will be completed: Task 0. Project Management Arcadis will provide project management for the duration of this engagement. Arcadis will communicate the project accomplishments, upcoming activities, and project issues and risks, and also manage relevant project meetings and conduct regular update meetings. Arcadis will manage the review and approval process for project deliverables; written deliverables will be provided in a draft for the City's review, and Arcadis will finalize the deliverable based on City comments. Task 1. Future State Business Process Visioning and Requirements Development Building on the information contained in the Business Case, Arcadis will facilitate workshops with City staff to develop concept -level to -be business process models which will describe the future state vision for the new utility billing system. In advance of the workshops, Arcadis will modify the current -state process models to indicate areas that can be different with a new utility billing system, and we will use these models as that basis for the workshop discussion. During these workshops, Arcadis will also document the functional and technical requirements for the new utility billing system. The requirements will describe how the new system should function, and can be used as the basis for system selection, procurement, and implementation. After the workshop process, Arcadis will submit updated to -be business process models for review and approval by the City. We will also submit a prioritized and categorized listing of functional and technical requirements for the new utility billing system. For budgeting purposes, we have assumed that the to -be vision can be captured in up to 15 process models. Based on recent experience, we anticipate conducting up to 6 two-hour workshops which will cover the following areas: Exhibit A, Scope of Basic Engineering Sewices Page I Customer Service Requirements Workshop Customer experience is critical to a utilities ability to generate goodwill within the community and is a critical element of the project. Technology is creating new ways for utilities to communicate with their customers, and we will work with the City to explore these communication channels. We expect that the customer service requirements workshop will address the following areas: • Customer account set-up • Customer communication channels • Web portal and online bill pay • Bill messages • Bill inserts • Outage management • Leak notification • Electronic bill presentment and payment Billing Requirements Workshop Customer billing is one of the most complicated business processes that a water utility performs. Billing serves as your utility's cash register and touches each customer. We expect that the billing requirements workshop will address the following areas: • Rate structures and charges • Bill printing • Payment processing • Exceptions management processes • Durining • Start/stop/transfer service Service Order Requirements Workshop The service order workshop will cover the processes related to meter management and service orders. We expect that the service order workshop will cover the following areas: • Meter reading • Meter service orders • Meter inventory management • Customer complaints and inquiries via CRM • Service order dispatching and scheduling • Other service order types Data Conversion Requirements Workshop Converting data from your legacy NaviLine system to the new utility billing system will be a critical project element and the requirements for this must be clearly defined. Arcadis will conduct a data conversion workshop where we will identify the conversion needs for the ABC Selection Set -vices project, including areas, such as: + Service order history • Meter inventory • Customer accounts • Financial transaction Exhibit A, Scope of Basic Eugineering Services PREc 2 Integration Requirements Definition The utility billing system will have one or more integration points with each other City systems. We will conduct an integration requirements workshop that will address the desired system interfaces, which might include: + Interactive Voice Response (IVR) system • Badger meter reading • Customer portal • Bill Print vendor • Payment processors • Financial management system • Customer Relationship Management (CRM) Deliverable: Future State To -Be Process Model Vision Functional and Technical Requirements Task 2. Request for Information Arcadis recently performed a number of enterprise asset management and customer information system planning and selection projects, and we are fully aware of the current state of the Customer Information System (CIS) industry. We will augment this knowledge with a Request for Information (RFI), which we will send to water industry CIS vendors whom we believe will be best able to meet the defined system requirements. At the same time, Arcadis will review applicable procurement policies, laws, and cooperative procurement agreements. Using information gathered as part of the RFI process, we will develop a request for information technical memorandum, which will describe the available utility billing systems, identify items needed to be procured to support the new billing system, and will address alternative procurement models. Arcadis will also update the planning level cost estimate that was prepared as part of the business case with information from the RFI process. The result will be a recommendation and plan to procure the new system. Deliverable: Request for Information Technical Memorandum Assumptions • Proposed workshops will be conducted over the course of 2-3 contiguous business days, to minimize required on -site travel. • The City will provide Arcadis electronic or paper copies of available reports, data, records, and other information as needed to complete the project. • The City will provide meeting facilities for Arcadis to hold required working sessions and meetings with City staff. • The City will provide working space for up to 5 Arcadis consultants, including access to internet service. Arcadis will perform project work on -site at the City's offices. • The City will provide Arcadis access to relevant information systems and their support documentation, including the CIS, AMR, and related systerns. Exhibit A, Scope of Basic Engineering Services Page 3 Schedule Arcadis is prepared to begin work immediately upon written authorization to proceed. We anticipate 8-12 weeks to complete the work, assuming the City can be available in a timely fashion for the early workshops. Budget The project will be completed on a time and materials basis for a total fee not to exceed the total indicated in the table below. Budgets for the tasks are estimated in the following table. Task Description Budget Hours Labor Expenses Total 0 Project Management 16 $3,712 $2,100 $5,812 1 Future State Business Process Visioning and Requirements Developwent 168 $26,350 $26,350 2 Request for Information 86 $13,746 $13,746 Total 270 $43,808 $2,100 $45,908 Exhibit A, Scope or Basic EngineeYing Services Page 4 w 0 0 fir. ��_{=�9 ��� - Im