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HomeMy WebLinkAboutProfessional Services Agreement - Frost Engineering & Consulting - Water Works North Pumping Station Building1316 COUM'Y-Cay BUILDING 227 W. JEFFERSON BOULL"NARD Sou'rij BUND. INI)JANA46601-1830 CITY OF SOUTH BEND PETS BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS March 27, 2018 R. Jerry Frost Frost Engineering and Consulting 201 Lincolnway West, Suite 200 Mishawaka, IN 46544 RE: Professional Services Agreement Dear Mr. Frost: PHONE 574/235-9251 FAX 574/ 235-9171 The Board of Public Works, at its meeting held on March 27, 2018, approved the above referenced agreement regarding the Water Works North Pumping Station building assessment in the amount of $7,775. 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, Utilities Al Greek, Utilities Emily Leyes, Utilities GARY A. GILOT SUZANNA M. FRI'FZBrRcj E1,11ABE'm A. MARADIK JAMEs A. MUELLER T] IFRESE J, DMAU ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of ("Effective Date") between Board of Public Works City of South Bend Indiana ("Owner") and FiostEngineeing &Consulting ("Engineer") Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: . 0ty of South Bend North Puliiping St'atlon '("Project"). Engineer's Services under this Agreement are generally identified as follows: 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: ii�nanths C. 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 3_ months. If the actual time to complete construction exceeds the number of months indicated, then Engineer's period of service and its total compensation shall be appropriately adjusted. Page 1 EJC.DC P-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National society of Professional Engineers for FACAC. All rights reserved. 2.01 Paymeni Procedw-es 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 N 35 days of receipt. if Ownep fails te make an), payment due Engineer for services and expenses within 30 days invoice,after receipt E)f Engineer's then the amounts due Engineer will be inereased at the F,4 pef MORth (E)F the MaXiMURI Fate Of interest peffflitted by Wv, if less) f+om said thirtieth da)- 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. na, ents will be , edited first t intefest and the t ffineipal. 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 3.01.A.1.b. 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 titre 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. 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 Page 2 "CDC E-500 Agreement Between Owner and Engincer for Professional Services Copyright 0 2008 National Society of Professional F:ngincers for EJCAC. All rights reserved. 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 fill payment for all doll -disputed services performed or furnished in accordance with this Agreement and all reimbursable expenses incurred through the effective date of termination. 4.01 Szrceessoi•s, 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 4.01.13 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 assigm-ent, 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 fiunished 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. Page 3 EJCDC E-500 Agreement Behveen Owner and Enghicer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. D. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to fiirnish 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 trade 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 fiillest 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 00-, Q or the total amount of compensation received by Engineer, whichever is greater. 1. 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 sect., 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 Page 4 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National sociely of Professional Engineers for EJCDC. All rights reserved. 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. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessfill in resolving the dispute, then the dispute shall be mediated. If mediation is unsuccessfill, then the parties may exercise their rights at law. 6.01 Total Agreement A. This Agreement (including any expressly incorporated attachinents), 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 Luny) Sun? A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1. A Lump Sum amount of $7750.00 B. The portion of the compensation amount billed monthly for Engineer's services will be based upon Engineer's estimate of the percentage of the total services actually completed during the billing period. [oil 7.01 Basis of Payment Hourly Rates Plays 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 estimated to be $ foal 7.01 Basis of Payment —Percentage of Construction Cost A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: An amount equal to percent of the cost to construct the work designed or specified by the Engineer ("Construction Cost"). This amount includes compensation for Engineer's Services and services of Engineer's consultants, if any. The percentage of Construction Costs noted herein accounts for labor, overhead, profit, and reimbursable expenses. Page 5 FJCDC P-500 Agreement Between Owner and Engineer for Professiol3al Services Copyright © 2008 National society of Professional Engineers for rJCJIC, All rights reserved. 2. As a basis for payment to Engineer, Construction Cost will be based on one or more of the following determinations with precedence in the order listed: a. For work designed or specified by Engineer and incorporated in the completed Project, the actual final cost of the work performed by Contractor. b. For work designed or specified by Engineer but not constructed, the lowest bona fide bid received from a qualified bidder for such work; or, if the work is not bid, the lowest bona fide negotiated proposal or contractor's estimate for such work. c. For work designed or specified but not constructed, upon which no bid, proposal, or estimate is received, Engineer's most recent opinion of probable Construction Cost. B. The portion of the compensation amount billed monthly for Engineer's services will be based upon Engineer's estimate of the percentage of the total services actually completed during the billing period. for 7.01 Basis of Payment Direct Labor Costs Times Factor, Plans Reirnbursables A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1. An amount equal to Engineer's Direct Labor Costs times a factor of for services of Engineer's employees engaged on the Project, plus reimbursable expenses, and Engineer's consultants' charges, if any. 2. The total compensation for services and reimbursable expenses is estimated to be $ 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; 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 Page G EJCBC E-500 Agreement Between Owner and Gngincer for Professional services Copyright CO2008 National Society of Professional Engineers for TJCIIC. All rigIIIS reserved. 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 Board of Public Works By: Title: Ism M By: W111 I A j K .. Title: Elizalieth X. MaravdiRUMernber By: A� 41�5_1 Title: Therese J. Dorau,tMeiribcr By: Title: James A. Mueller, Member Attest: Title: t ri a Martin, Clerk Date: -�, b -/ /,) Engineer: R Jerry Frost Frost Engineering & Consulting By: Professional En r, ineer, President Title: Date: 3/16/18 Engineer License or Firm's Certificate No. State of: Indiana Address for giving notices: Address for giving notices: 227 West Jefferson Boulevard 201 Lincoinway West, Suite 200 South Bend, Indiana 46601 Mishawaka, IN 46544 Designated Representative (Paragraph 8.03.)): Designated Representative (Paragraph 8,03,A): Kara M. Boyles, Ph,D., RE, R. J. Frost Title: City Engineer Title: President Phone Number: (574) 235-5933 Phone Number: Facsimile Number: (574) 235-9171 Facsimile Number: E-Mail Address: kboyles@soufiibendin.gov E-Mail Address: 574-344-5900 PE10302174 574-344-5965 RJFrost2l7rosteng.net. Page 7 EATC E-500 Agreement Beween Owner and Engineer for Professional Services Copyright CC) 2008 National Sociely of Professional Engineers for EJCDC. All rights reserved. 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 March 16, 2018. 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: Billing Class VIII $ 200.00/hour Billing Class V1I $180.00/hour Billing Class VI $160.00/hour Billing Class V $145.00/hour Billing Class IV $130.00/hour Billing Class III $115.00/hour Billing Class 11 $95.00/ hour Billing Class I $80.00/hour Support Staff $60.00/hour Appendix 1, Standard Hourly Rates Schedule CJCDC E-520 Short Toren of Agreement Between Owner and Cngincer for Professional Services. Copyright©2009 National Society of Professional 1+'.iugincers for CJCDC. All rights reserved. Page f 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 Water Works North Pumping Station Building Assessment DATE: March 19, 2018 The Division of Utilities is requesting the Board of Public Works approval of a Professional Services Agreement with Frost Engineering and Consulting to provide engineering services for the inspection and structural assessment of the Water Works North Pumping Station. The North Pumping Station masonry basement walls and grout were compromised during the recent flood event between 02126 — 03/02/2018. The building continues to exhibit groundwater seepage at the subbasement of the building due to high groundwater table which has not receded after the flood. The Structural Assessment will determine the extent of masonry repairs and differential settlement located along the north wall of the North Pumping Station. The funding sources for the professional services agreement is Utilities, Water Works, Operations, Engineering Account (620-0640-658-31-02). If there are any questions regarding the subject project, please contact Al 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 March 19, 2018 Jacob M. Klosinski Department Utilities - Wastewater Purchasing ® Al Greek Director of Utilities ❑ Agreement ❑ Contract ❑ Proposal ❑ Addendum ® Professional Services ❑ Amendment ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Chg Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease./Encroach. ❑ Traffic Control ❑ Resolution I-1 Other: ❑ Claim Company or Vendor Name New Vendor MBEIWBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Frost Engineering andConsultin ❑ Yes ❑ If Yes, Approved by Purchasing ® No ❑ MBE Completed E-Verify ,Form Attached El Yes ❑ WBE ®No Water Works -- North Pumping Station Structural Assessment n/a Water Works, Operations, Engineering 620-0640-658-31-02 $7, 775.00 Lump Sum North Pumping Station building / basement was observed to have significant groundwater seepage through existing masonry during the recent flood event in late February/earlyFebruary/early March 2018. Frost Fnaineerina will provide a structural assessment & repair plans. Amount of ❑ Increase Decrease Previous Amount $ Current Percent of Change New Amount Total Percent of Change: Time Extension: Copy Original ® ❑ ® ❑ ® ❑ Dispersal After Approval Al Greek. Director of Utilities Jacob M. Klosinski, Assistant City Engineer Emily Leyes, Director of Financial Services, Environmental Services