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HomeMy WebLinkAboutProfessional Services Agreement - Danch Harner & Assoc - Design & Repair of Drainage Issues for Old Clay Sewer Easement1316 COUNTY-Cay BUILDING 227 W, JEFFERSON BOULEVARD Soui,ij BEND. INDIANA 46601-1830 CITY OF SOUTi-i BEND PETE BUTTIGIEG, MAYOR BOARD OF.PUBLIC WORKS June 12, 2018 Mike Danch Danch, Hamer & Associates, Inc. 1643 Commerce Drive South Bend, IN 46628 RE: Professional Services Agreement Dear Mr. Danch: Ix IONL: 574/235-9251 FAX 574/ 235-9171 The Board of Public Works, at its meeting held on June 12, 2018, approved the above referenced agreement regarding the design and repair of drainage issues for the Old Clay sewer casement in the amount of $3,120. Enclosed please find the original of the agreement for your signature. Please sign and return the original agreement to our office and retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Mai -tin, Clerk Enclosure c: Amy Kryston, Engineering Sue Ellen Doudrick, Engineering Kara Boyles, Engineering GAILY A, Gii,oi' SUZANNA M, FRITMER(i EuZABE-n-I A. MARADIK JAMEs, A. MUELLER THERESE J. DOIULJ _00 AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of June 5,2018 ("Effective Date") between Board of Public Works, City of South Bend, Indiana ("Owner") and Danch, Harrier, & Assoc., ineJ,("Engineer"). Owner's Project, of which Engineer's services under this Agreement are a pail, is generally identified as follows: Old Clay Sewer Easement Acquistion Project, Project #1 17-087A("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 ofSei-vic,e 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: 30 days after being provided a notice to begin: 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 LNA � 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 I EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National SocietX.ofProfessioual Engineers for EJCDC. All rights reserved. 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 -9 35 days of receipt. if Owner fails to make any payment due Engineer- for- sefviees and expenses within 10 of days a4er- ireeeipt of gngineef's inveiee, then the amounts due Engineef will he inereased A the rate- per- month (of the maximum r4e of ii#er-est pefmitted by law, if less) 48fn said thij4iet 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. . 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.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 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. 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. Page 2 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for RJCDC. All rights reserved. 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 4.01 A 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. 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 Page 3 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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. The Owner acknowledges the Engineer's construction documents, including all electronic files, as instruments of professional services. Nevertheless, the final construction documents, including all electronic files, prepared under this agreement shall become the property of the Owner upon completion of services and payment in full of all monies due to the Engineer. The Owner shall not reuse or make any modification to the construction documents without the prior written authorization of the Engineer. 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 $5.0000 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 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 Page 4 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society 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 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 —Lump Sum A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1. A Lump Sum amount of $3,120. See Exhibit A for manhour justification. 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. [or] 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 5 EJCDC E-500 Agreement Behveen Owner and Engineer for Professional Services Co ri ht © 2008 National Society of Professional Engineers for EJCDC. All rights 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: 0itik Title: Gary A. Gi lot, President By: Title: Suzanna M. Fritzbet Member By: Title: Elizabeth A. Maradik, Member By: 8 Title: Therese J. Dorau, Mem6er Engineer: DHA By: Title: President By: Title: James A. Mueller, Member Attest: Jae - Title: jinda Martin, Clerk Date: Date: Address for giving notices: 227 West Jefferson Boulevard South Bend, Indiana 46601 Designated Representative (Paragraph 8.03.A): Kara M. Boyles, Ph.D., P.E. Title: City Engineer Phone Number: 235-5933 Facsimile Number: (574) 235-9171 E-Mail Address: ihahiasoarthbeudlirr.�,gcv 5/24/18 Engineer License or Firm's Certificate No, PE60900529 State of: IN Address for giving notices: 1643 Commerce Drive Souh Bend, IN 46628 Designated Representative (Paragraph 8.03.A): Burne Miller Title: Sr. Engineer Phone Number: 574-234-4003 facsimile Number: E-Mail Address: bmilleLcManchharner.com Page 6 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright (0 2008 National Society 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 June 5, 2018. EnLyineer's Standard Houriv Rates A. Standard Hourly Rates.- 1, Standard Hourly Rates are set forth in this, Appendix I 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: SEE ATTACHED Hourly rates for services performed on or after the Effective Date are: Billing Class VIII hour Billing Class VII /hour Billing Class VI /hour Billing Class V /hour Billing Class IV /hour Billing Class III /hour Billing Class 11 /hour Billing Class I /hour Support Staff /hour Appendix 1, Standard Hourly Rates Schedule EJCDC E-520 Short Form ofAgreernent Between Owner and Engineer for Professional' ervices. Copyright CO2009 National Society of Professional Engineers for EJCDC. All lights reserved. Pa2e I Danch, Harper & Associates, Inc, Effective Date: January 2018 SCHEDULE OF HOURLY RATES AND DIRECT EXPENSES CLASSIFICATION HOURLY BILLING RATE Senior Professional Engineer $138.00 Engineering Designer $80.00 Project Engineer $70.00 Senior Professional Land Surveyor $138.00 Senior Survey/Engineering Tech $80.00 Survey/Engineering Tech $55.00 Senior Professional Landscape Architect $138.00 Survey Manager $70.00 Two Person Field Crew $120.00 Principal $138.00 Clerical $45.00 ITEM UNITS UNIT PRICE Mileage Miles $0.50 Copies* Each $0.25 Standard Size Prints (24 x 36) Each $4.00 Oversize Prints Square Foot $1.00 Vellums (24 x 36 size) Each $10.00 Overnight Travel: Meals Cost Lodging Cost Public Transportation Cost *Note: Copies include 81/2 x 11, 81/2 x 14, or 1 I x 17 size sheets. Other direct expenses may Include cost to obtain copies of documents such as deeds or plats, maps, or other items purchased as a direct result of employment on the project. NOTE THAT MILEAGE IS NOT CHARGED FOR PROJECTS WITHIN ST. JOSEPH COUNTY, INDIANA OR BERRI]EN COUNTY, MICHIGAN. 1643 Commerce Drive, South Bend, IN 46628 574-234-4003 6/l/2018 ITEM &R. ENGR./PRINOPAL ENGR. DESIGNER SURVEY HOURLY RATE $ 138 $ 80 SURVEY (I-S) $, 2,050 negotiate/agreement 6 $ 828 3 $ 240 HOURS HOURS TOTAL[ 6 $ 828 3 $ 240J $ 3,,120 BOAIW OF PUBLIC WORI(S AGENDA ITEM REVIEW REQUEST FO11 Vi Date 06/04/18 Department Public Works Name Amy Kryston Division/Bureau Engineering BPW Date 06/12/18 Phone Extension 9246 Legal Z Attorney Name: Clara McDaniels Controller ❑ Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing z Professional Services Bid Opening Resolution 0 Bid Award ❑ Req. to Advertise ❑ Quote Opening ❑ Quote Award Change Order No. _ ❑ C/O & PCA No. ❑ PCA Ease/Encroach. Other: Company or Vendor Name ❑ Traffic Control: New Vendor MBE/WBE Contractor MBE/WBE Contractor Requested Project Name Project Number Funding Source Account No. Amount Terms of Contract Danch, Harper, & Associates El Yes ® No ❑ If Yes, Approved by Purchasina U MBE ❑'WBE I-1 No n Yes Name of Company Old Clay Sewer Easement A uisition 117-087 Utility Expense/Contractual Service Fund 641-0621-792.63-35 Title Sheet $3,120.00 Engineer shall submit its invoices to Owner on a monthly basis. Invoices are due and payable within 35 da s of recei t. Purpose/Description Approve the contract (EJCDC) between the City of South Bend and DHA for the design and repair of six drainage issues. F] Required Contractor's Certification Forms Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) Amount of ❑ Increase $ ❑ Decrease $ Previous Amount Current Percent of Change New Amount $ �fo Total Percent of Change: % Dispersal After Approval Copy Original ❑ Kara Boyles ❑ Sue Ellen Doudrick ® [�] Amy Kryston