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HomeMy WebLinkAboutProfessional Services Agreement - Donohue & Associates Inc - Engineering Services for WWTP Belt Filter Press No. 4 Project1316 COUNTY-Crry BUILDING 227 W. JEFFE SON BoULE'VARD SOUTH BEND. INDIANA 46601-1830 Crry of Souri-1 BEND PF,TE BUTTIGIFG, MAYOR BOARD OF PUBLIC WORKS January 23, 2018 Jeremy Roschyk Donohue & Associates, Inc. 100 North Michigan Street, Suite 510 South Bend, IN 46601 IEEE: Professional Services Agreement Dear Mr. Roschyk: PHONE 574/ 235-9251 FAX 574/ 235-9171 The Board of Public Works, at its meeting held on January 23, 2018, approved the above referenced agreement regarding engineering services for the Wastewater Treatment Plant Belt Filter Press No. 4 project in the amount of $9,000. 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: Jacob Klosinski, Environmental Services Al Greek, Utilities GA.RY A. Gii,o°r SUZASwNA M. FRITZBERG ELLZABET11 A. MARADIK JAMEs A. MUELILER TiiERESE J. D()RAU This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations, NEW" MA17M FOR PTOFESSI Prepared by and Issued and Published Jointly by ACEC ANIERTCAN CovNcm oF Ew;[NETHIM COMPANIES AEAmerican Society of Civil Engineers AGC of America u�A i ORN I lN MV, 0 19f- ( 11 ity A&A National Society of RRIER3 Professional Engineers Professional Engineers in Private Practice F.11 35 1 a C14 W.11 \ LW-011) Z Lei NOW a a ON to] I Q I I 19 1 11114 1 Q ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS, 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. This Agreement has been prepared for use with the Standard General Conditions of the Construction Contract (EJCDC C-700, 2007 Edition) of the Engineers Joint Contract Documents Committee, Their provisions are interrelated, and a change in one may necessitate a change in the other. f41924 UIF-1 This abbreviated Agreement form is intended for use only for professional services of limited scope and complexity. It does not address the full range of issues of importance on most projects. hi most cases, Owner and Engineer will be better served by the Standard Form of Agreement Between Owner and Engineer for Professional Services (EJCDC E-500, 2008 Edition), or one of the several special purpose EJCDC professional services agreement forms. Copyright (0 2009 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 . www11' , . .—.— -------- m2q.-I4 r" American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www. qcec.(�.Iy American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 w W w q'S c C" "or " Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 w w W.�tgc�.)tg The copyright for this EJCDC document is owned jointly by the four EJCD�C sponsoring organizations and held in trust for their benefit by NSPE. 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. SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of1MkX 1( SA c� , 2018 ("Effective Date") between and Board of Public Works, City of South Bend, Indiana ("Owner") Donohue & Associates Inc. ("Engineer"), Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: Belt Filter Press Rehabilitation — Phase 4 ("Project") Engineer's Services under this Agreement are generally identified as follows: The Project consists of pLeparing bidding documents and providing bidding phase services for the rehabilitation of one of the Owner's four L existing belt filter presses at their Wastewater Treatment Plant WWTP . Refer to Exhibit A -Part I for the full Scope of Services. 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: Refer to Exhibit A -Part 2. e+�e - - - - w 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. Paae 1 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 days of receipt. If Owner fails to make any payment due Engineer for services and expenses within 30 days after receipt of Engineer's invoice, then the amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day. 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 claims against Engineer for any such suspension. Payments will be credited first to interest and then to principal. 3.01 Termination A. The obligation to continue performance under this Agreement may be terminated: 1. For cause, 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. 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. 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 2 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 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 4.013 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 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. 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 3 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 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, 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. H. 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. I. 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 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. Page 4 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. 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 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 Payfnent—Lump Sum A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows indicated in Exhibit C. B. The portion of the compensation amount billed monthly for Engineer's lump sum services will be based upon Engineer's estimate of the percentage of the total lump sum services actually completed during the billing period. And fern 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 indicated in Exhibit C and as follows: 1. An amount equal to the cumulative hours charged to the Project by each class of Engineer's employees' finies multiplied by the standard hourly rates for each applicable billing class for all -hourly services performed on the Project, plus reimbursable expenses and Engineer's consultants' charges, if any. 2. Engineer's Standard Hourly Rates are attaehed as Appendix 1 included in Exhibit C. 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. Page 5 — — V • W M V _ 1 v w - v - - � w N - - �rrr iar+vaa+.+w•v aWrrwi�i��.��.i�.i��.••• rW:ai 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 s multiplied by the standard hourly rates for each applicable billing class; plus reimbursable expenses and Engineer's consultants' charges, if any. Engineer's standard hourly rates are attaelied as Appendix ' included in Exhibit C. EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright WOO National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 Attachments: Appendix 1, Engiaee44s StaadaFd Hourly Rates A. Exhibit A, Engineer's Services. B. Exhibit B, Owner's Responsibilities. C. Exhibit C, Payments to Engineer for Services and Reimbursable Expenses. 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 Engineer. Donohue & Associates, Inc. Board of Public Works BY: By: Title: Gary A. Gilot, President Title: jimfurst, Vice President By: Title: Suzanna Fritzberg, Member By: Title: James A. Mueller, Member By: w Title: Elizabeth A. Maradik, Member By: 4�,- Title: Therese J. Dot -au, Aember Date Date Signed: (9 v Signed: Engineer License or 391 873 700 Firm's Certificate No. State of: Indiana Address for giving notices: Address for giving notices: City of South Bend Donohue & Associates, Inc. Attn: Jacob Klosinski Attn: Jeremy Roschyk 227 West Jefferson Boulevard 100 North Michigan Street, Suite 510 South Bend, Indiana 46601 South Bend, Indiana 46601 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. Paae 7 This is EXHIBIT A, consisting of 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , 2018. Engineer's Services PART 1— BASIC SERVICES A. PROJECT MANAGEMENT 1. ENGINEER shall provide project management services throughout the entirety of the project to monitor the budget and schedule while maintaining open and consistent communications with the OWNER's designated project representative. 2. Project management services shall include: a. Status reports provided to the OWNER on regular basis. b. Project schedule updates delivered to the OWNER on a regular basis. C. Project Management phone conferences between the ENGINEER and OWNER on a biweekly basis. B. BID PACKAGE DEVELOPMENT (LUMP SUM) 1. ENGINEER shall develop a bid package for the Project, which involves rehabilitation of one of the OWNER's four (4) existing Ashbrook Klampress Belt Filter Presses (BFPs). 2. The bid package for Belt Filter Press #1 shall be developed based on the previous `Belt Filter Press #4 Rehabilitation' project bid documents prepared in March of 2017. a. Bid package will not include the addition of any alternate items. 3. Bid Package will include: a. OWNER's standard front-end specifications b. Scope for supplying Original Equipment Manufacturer (OEM) parts C. Record Drawings (to be used for reference information only) d. References to the OWNER's operations & maintenance documentation C. ADDITIONAL PROJECT CONSIDERATIONS 1. The Project will be designed in English units and in accordance with the following references, policies and guidelines: a. City of South Bend Standards and Specifications b. Recommended Standards for Wastewater Facilities (Ten State Standards) 2. The ENGINEER shall perform the design of this Project on the basis that the project shall be funded with local funds. Design changes due to alternate funding of the project shall be considered Additional Services. 3. The OWNER has indicated that the WWTP's sludge process will continue to operate while a single BFP is being rehabilitated. 4. The OWNER will be able to provide site accessibility and equipment to the selected bidder. 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. Page l D. BID PHASE SERVICES (HOURLY) 1. All Bid Phase Services shall be provided by the ENGINEER, as directed by the OWNER and based on the not -to -exceed effort as identified in Exhibit C. 2. Bid Phase Services shall be provided by the ENGINEER for an advertised Bid Package with bids received in the calendar- year 2018. 3. ENGINEER shall assist the OWNER in advertising for and obtaining bid proposals for a prime contractor for labor, materials, equipment and services; and attend a pre -bid conference. 4. Issue addenda as appropriate to interpret, clarify or expand the Bidding Documents. 5. Consult with and advise the OWNER as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the prime contractor (herein referred to as the "Contractor") for those portions of the work, as to which such acceptability is required by the Bidding Documents. b. Consult with the OWNER regarding the acceptability of substitute materials and equipment proposed by the Contractor when substitution prior to the award of contract is allowed by the Bidding Documents. 7. Attend the bid opening, prepare bid tabulation sheets and assist the OWNER in evaluating the bids or proposals, and in assembling and awarding contracts for construction, materials, equipment and services. E. ITEMS NOT INCLUDED IN SCOPE: The following items are not included as part of this scope. The performance of any of these Additional Services by the ENGINEER will be subject to the issuance of a supplemental agreement. 1. Development of a survey and/or drawings of the OWNER's existing equipment and layout configuration. 2. Development of renderings or models for OWNER's use. 3. Services during out-of-town travel required of ENGINEER other than visits to the site or OWNER's office. 4. Electrical, mechanical, structural and/or architectural services. 5. Assistance in connection with the following, through no fault of the ENGINEER: a. Bid protests or rebidding b. Renegotiating contracts for construction, materials, equipment or services C. Preparation of revised bid documents for rebidding in the event that bids, as received, are rejected b. Services to make measured drawings of Project, or to investigate the accuracy of drawings or other information furnished by the OWNER. 7. Revisions to the bidding documents for additional bid packages for restoration of the remaining three (3) Klampress belt filter presses. 8. Bid Phase Services for the restoration of the remaining three (3) Klampress belt filter presses. 9. Construction Phase Services including: Office Support, Engineering, Observation and/or Inspection Set -vices. EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright m2004 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 PART 2 --SCHEDULE A. No work under this Agreement shall be performed by the ENGINEER until the ENGINEER receives a written notice -to -proceed (NTP) from the OWNER. B. Based on a Contract approval date of January 23, 2018, all work by the ENGINEER under this Agreement shall be completed and delivered to the OWNER for review and approval, as required, within the following time periods: 1. 2018 Bid Package: a. 90% Review Submittal February 23, 2018 b. 100% Final Bid Does 14 days following receipt of 90% Review Comments 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. Pare 3 This is EXHIBIT B, consisting of 1 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , 2018. Owner's Responsibilities A. Provide ENGINEER with all criteria and full information as to OWNER's requirements for the Project, including objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations; and furnish copies of all design and construction standards, forms and conditions which OWNER will require to be included in the Bidding Documents. B. Furnish to ENGINEER any other available information pertinent to the Project including reports and data relative to previous designs, C. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of the presence at the Site of any Constituent of Concern, or of any other development that affects the scope or time of performance of ENGINEER's services, or any defect or nonconformance in ENGINEER's services, the Work, or in the performance of any Contractor. D. Authorize ENGINEER to provide Additional Services as set forth in Exhibit A of this Agreement, as required. E. Arrange for safe access to and make all provisions for ENGINEER to enter the WWTP as required for ENGINEER to perform services under the Agreement. F. Place and pay for advertisement for Bids in appropriate publications. G. Advise the ENGINEER of the identity and scope of services of any independent consultants employed by OWNER to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value engineering, and constructability review. H. If OWNER designates a construction manager or an individual or entity other than, or in addition to, ENGINEER to represent OWNER at the Site, define and set forth as an attachment to this Exhibit B the duties, responsibilities, and limitations of authority of such other party and the relation thereof to the duties, responsibilities, and authority of ENGINEER. 1. Attend the pre -bid conference, bid opening, pre -construction conferences, construction progress and other job related meetings, and Substantial Completion and final payment visits to the Project. J. Inform ENGINEER in writing of any specific requirements of safety or security programs that are applicable to ENGINEER, as a visitor to the Site. 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. Pace 1 This is EXHIBIT C, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated .2018. Payments to Engineer for Services and Reimbursable Expenses COMPENSATION PACKET BC-1: Basic Services — Lump Sum and Hourly Services A. Amount of Payment: 1. The ENGINEER shall receive as payment for the services performed under this Agreement the total fee, not to exceed of $9,000 unless a modification of the Agreement is approved in writing by the OWNER. 2. The ENGINEER will be paid for the work performed under this agreement in accordance with the following schedule: Task 1. Bid Package Development 2. Bid Phase Services (Hourly) Total Fee Type Amount Lump Sum $6,500 Not -to -Exceed $2,500 $9,000 3. For those services performed by the ENGINEER which are included in the itemized costs, as "Not to Exceed", the ENGINEER will be paid on the basis of actual hours of work performed by essential personnel exclusively on this Contract multiplied by their respective rates as specified in the following rate table: Classl<fication Hourly Rates Engineer/Specialist IX $240 Engineer/Specialist VIII $230 Engineer/Specialist VII $210 Engineer/Specialist VI $190 Engineer/Specialist V $175 Engineer/Specialist IV $155 Engineer/Specialist III $140 Engineer/Specialist II $130 Engineer/Specialist I $115 Technician R $90 Technician I $80 Administrative Assistance III $80 Administrative Assistance II $70 Administrative Assistance I $60 Intern $50 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. Pace 1 The actual and allowable costs of direct non -salary costs directly attributable to this Contract are items such as fares, subsistence, mileage, equipment rentals, reproductions, approved sub -consultant fees, etc. However, the direct non -salary costs for travel reimbursement shall not exceed the limitations on travel expenses set out in the current State of Indiana policy on travel reimbursement. 4. The ENGINEER shall not be paid for any service performed by the OWNER or services not required to develop this Project. Costs for routine photocopy and paper reproduction, cellular phone costs, mileage and computer time costs will not be paid as a reimbursable, but is to be included in the above fees and overhead costs. B. Method of Payment: 1. The ENGINEER may submit a maximum of one invoice per calendar month for work covered under this Agreement. The invoice shall be submitted to the OWNER. The invoice shall represent the value, to the OWNER, of the partially completed work as of the date of the invoice. The ENGINEER shall attach thereto a summary of each pay item in Section A of this Appendix, percentage completed and prior payments in a form acceptable to the OWNER. 2. The OWNER for and in consideration of the rendering of the engineering services provided for in this Agreement, agrees to pay the ENGINEER for rendering such services the fee established above upon completion of the work thereunder, acceptance thereof by the OWNER and upon the ENGINEER submitting an invoice as described above. 3. In the event of a substantial change in the scope, character or complexity of the work on the project, the OWNER and ENGINEER shall execute, in writing, a supplemental agreement prior to the ENGINEER providing any additional services. Appendix 1, Standard Hourly Rates schedule EJCDC E-520 Short Form of Agreement Behveen Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for FJCDC. All rights reserved. Page 2 LETTER OF TRANSMITTAL DATE: 1/11/18 PROJECT NO.: ATTENTION: Jacob Klosinski BE: Belt Filter Press Rehabilitation — Phase 4 Agreement Ku I ffu TIST 100 North Michigan Street, Suite 510 South Bend, IN 46601 574.288.4580 1 donolhue-associates.corn TO: Jacob Klosinski City of South Bend 227 West Jefferson Boulevard South Bend, Indiana 46601 INTER -OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF UTILITIES TO: Members of the Board of Public Works Eric Horvath, Director of Public Works Clara McDaniels, Board of Public Works Attorney FROM: Al Greek, Director of Utilities Jacob M. Klosinski, Assistant City Engineer SUBJECT: Agenda Request Form -- Professional Services Agreement WWTP — Belt Filter Press #4 Rehabilitation (Phase 4) DATE: January 10, 2018 The Department of Environmental Services (DES) is requesting the Board of Public Works approval of a Professional Services Agreement with Donohue & Associates to provide engineering design for the WWTP Belt Filter Press #4 Rehabilitation project. The Wastewater Treatment Plant currently operates four (4) belt filter presses. The Division of Utilities intends to rebuild one (1) belt filter press each year over a four year period (2015 thru 2018) as part of its ongoing preventative maintenance schedule. Due to the project cost for the rehabilitation, this project will require a Public Bid process. The Professional Services Agreement includes updating project specifications and bidding services (hourly not to exceed). Refer to agreement for fees and detailed scope. The City of South Bend will provide Construction Administration services including inspection and shop drawing reviews. The funding sources for the professional services agreement is Utilities, Wastewater Engineering Account (641-0630-793-31-02). If there are any questions regarding the subject project, please contact At Greek (Ext. 4210) or Jacob M. Klosinski (Ext. 9496) at the Division of Utilities. Date Name BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM January 10, 2018 Jacob M. Klosinski Department Div. of Utilities (OR BPW Date Janua 23, 2018 Phone Extension 574) 235-9496 LJ Agreement LJ Contract L Proposal Lj Addendum ® Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening El Quote Award ❑ Change Order No. ❑ CIO & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control f lOther: Company or Vendor Name Donohue and Associates New Vendor ❑ Yes ® No ❑ if Yes, Approved by Purchasing MBEIWBE Contractor ❑ MBE ❑ WBE MBEIWBE Contractor Requested ® No ❑ Yes Name of Company Project Name Wastewater Treatment Plant Belt Filter Press #4 Rehabilitation Project Number Funding Source Account No. Amount Terms of Contract Utilities, Sewage Works/Wastewater, Engineering 641-0630-793-31-02 $ 9,000.00 Purpose/Description The Division of Utilities re nests the approval of a Professioaal Services Agreement with Donohue & Associates to provide engineering services for Specifications and Bidding services for the WWTP Belt Filter Press #4 project. ❑ Required Contractor's Certification Form Attached (Non - Collusion. Non -Discrimination. Non -Debarment. E-Verifv. Iran. etc.) Amount of ❑ Increase $ ❑ Decrease $ Previous Amount $ Current Percent of Change: % New Amount $