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HomeMy WebLinkAboutPSA - M-E Design Services - Century Center Vestibule Heater and Fire Pump Replacement DesignENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of _September 12, 2017 ("Effective Date") between Board of Public Works City of South Bend Inndiana acting on behalf of the Department of Parks and Recreation City of South Bend Indiana ("Owner") and Thomas R. Cook, dba M/E Design Services ("Engineer"). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: Century Center. Vestibule Heater and Fire Puinnp Replacement ("Project"). Engiieer's Services under this Agreement are generally identified as follows: Thus contract includes the work of two (2) projects which will be bid separately, but simultaneously. The First is replacement of two (2) in -line fan coil units in the Basement that provide heating to the Main West Vestibule near the Lobby Area. This work may also include new floor penetrations, along with minor ductwork and piping revisions. The second project will be replacement of the building's main fire pump, fire iockey pump and sections of corroded piping and sensors near these pumps in the Equipment Room. Owner and Engineer further agree as follows: 1.01 Basic Agreenient and Period of Service A. Engineer shall provide, or cause to be provided, the services set forth it 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 Engiieer for its services as set forth in Paragraphs 7.01 and 7.02. Engineer shall complete its services within a reasonable time, or within the following specific time period: Drawings and Specifications to be provided within forty (40) days after notice to proceed. Page i CJCAC P-500 Agreement Between Omker and Esighteer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. B. 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 twelve (12) weeks. If the actual tine 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- fai4s to make aiiy pa)anent due RfigiReOr- f0F seFviees and expenses within 30 rate of days aftef Y-eeeipt of Engineef's invoiee, then the amounts due Engineer will be increased at per mai�Ah (or the maximum rate of interest per"tted by , thirty. Inn 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 '1?a ents will be ..FOd to fi+St 1.0 � teFest an the to *ter.+�..ipa Engineer or any such suspension. �o m��r�,� ClllCi 111L11 �� rJ11CiC�Z�JLL1. 3.01 Termination A. The obligation to continue performance under this Agreement maybe terninated: 1. For cause, a. By either party upon 30 days written notice in the event of substantial failure by the other party to perfornn 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 3.01.A.1.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 receipt of the notice. Page 2 EJCDC E-500 Agreement Between Owner and l ngineer for Professional Services Copyright C 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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 ternnination at a time up to 30 days Iater 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 terrmination under Paragraph 3.01, Engineer will be entitled to invoice Owner and to receive full payinent 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 perinnitted 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, adnurustrators, 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 assigmnent, no assigrunent 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 therm. 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 engincering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by mennbers of the subject profession practiciig under sinilar 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 Page 3 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 Rational Society of Professional Engineers for EJCDC. All rights reserved. any failure of a contractor to connply 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. 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 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 fallowing 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 iandernnify 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 fi•orn 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 it third parties. H. To the fullest extent pernnitted 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 clams for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting fi-om, 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. Page a EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. w< _M Mn ■ w i _ ■ MITI IM : : a Y : 1 • 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 attaclnnuents), 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 PajMiel7t—LUMP SU777 A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1. A Lump Sum amount Not -To -Exceed Nine Thousand Four Hundred Dollars_($9 400•00). B. The portion of the compensation amount billed lmontlnly for Engineer's services will be based upon Engineer's estimate of the percentage of the total services actually completed during the billing period. FEW 1I 1 • w ........ _ :S1�S • M Page S EJCDC E-500 Agreement Between Owner and Engineer for Professional services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. I Y � V Y W V0611M M ■ r>�irsrerrrrs�r • • - • it Y • • • • • • • • • • 0111- t - V Y V n Y • _ �iiti Y Y; aYfLS � yT� aril . . a _ . . a . . a a a . r � • a a I � • � l!l • \i�9'lY.. YY Y ��I l�l�l4�rSrl�lafYlWl+�l�ll•.�.r�tS.�Si�tlYur�a i���ix�...��.Yrrsrrrrl!�Y�r�.r±rir\�n�aA.s 7.02 Additional Seri ices: For additional services of Engineer's employees engaged directly on the Project, Owner shall pay Engineer an arnount 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. Engneer's standard hourly rates are attached as Appendix 1. Prior to con-unencement of any additional services, the written authorization from the Owner shall be obtained. Attachments: Appendix 1, Engineer's Standard Hourly Rates Page G EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society 0f Professional C ngineers for EJCDC. All rights reserved. i m EJCDC-..,.- 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 September 12, 2017. 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 persoru-tel 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: Principal Engineer $140.00 Project Engineer $100.00 Project Coordinator $100.00 Senior Designer $ 90.00 Designer $ 60.00 Draftsmall/Tedmician $ 50.00 Clerical $ 40.00 Appendix 1, Standard hourly [fates Schedule EJCI)C f-520 Short form of Agreement Between Owner and Engineer for Professional Services, Copyright 02009 National Society of Professional Engineers for CJCDC. All rights reserved. Palm 1 ;"Ira . . . . . . . . . . . .