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HomeMy WebLinkAboutProfessional Services Agreement - Danch Harner & Assoc - Small Drainage Design and Repair1316 COUNTY -CITY Buii,DING 227 W-JEFFERsoN BouLF",VARD Sou'ni BEND. INDIANA 4 6601-1830 CITY OF Souni BEND PE TE BurnoiEci, MAYOR BOARD OF PUBLIC WORKS June 12, 2018 Mike Danch Danch, Harner & Associates, Inc. 1643 Commerce Drive South Bend, IN 46628 IiE: Professional Services Agreement Dear Mr. Danch: PIIOM574/235-9251 FAX 574/ 235-9171 The Board of Public Works, at its meeting held on June 12, 2018, approved the above referenced agreement regarding small drainage design and repair in the amount of $45,580, subject to funding. 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. Martin, Clerk Enclosure c: Amy Kryston, Engineering GARY A. Git,o'i' SUZANNA M. FRITZBEW Ej,IZABETj-i A. MARADIK JAMEs A. MUELLER TiiF,'RESE J. CEO AU 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, Hamer, & Assoc., Inc.'("Engineer") Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: Engineer's Services under this Agreement are generally identified as follows: Owner and Engineer further agree as follows: 1.01 Basic 4greement and Period of'SetiVce 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: 40 days after being provided a notice to begin forTask B, and 65 days after being provided a notice to begin for Task A".,, 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 J construction not exceeding' NA months, If the actual time to complete construction exceeds the i Page I EJCDC E-500, Agreement Between Owner and Engineer for Professional Set -vices Copyright 0 2008 National Society of Professional Engineers for EX11C. All rights reserved. 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 -M 35 days of receipt. if Ownev Ails to make any paj,mept due Engineet: �at! sefviees and expenses Within 30 of 0 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. Pay f epAs will be , .odited first to into est and the to pr-ineipal, 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 I.A. Lb. 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. Page 2 ----- -- EJCDC E-500 Agreement Behveen Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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 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 4.01.13 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 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. Page 3 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National society of Professional Engineers for EJCDC. All rights reserved. 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. 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 clairns 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 $50000 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 Page 4 EJCDC E-S00 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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. 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 duty 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 $27,560 for Task A, and $21,020 for Task B. Manhour justifications provided in EXHIBIT A. 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 Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional En ineers for EJCDC. All rights reserved. IN WITLESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner: City of South Fend, Indiana Board of Public Works By: Title: Gary A. GilotIresident By: Title: Susanna Fritzberg, Member Title: 711zabeth A. Maradik, Member Title: Therese J. Do u, Member By: Title: James A. Mueller, Member Attest: Title: L' da Martin. Clerk Date: Engineer: DF A By: )AP Vano6 Title: President Date: 6/l/18 Engineer License or Firm's Certificate No. PE60900529 State of: IN Address for giving notices: Address for giving notices: 227 West Jefferson Boulevard 1643 Commerce Drive South Bend, Indiana 46601 `>ouh Bend, IN 46628 Designated Representative (Paragraph 8.03.A): Designated Representative (Paragraph 8.03.A ): Kara M. Bayles, Ph.D., RE. Burne Miller Title: City Engineer Title: Sr, Engineer Phone Number: (574) 235-5933 Phone Number: 574-234-4003 Facsimile Number: (574) 235-9171 Facsimile Number: E-Mail Address: limbo FOesl isotrihbeudin. X E-Mail Address: biniller@danclrhamer.com Page G EJCDC E-500 Agreement Between Owner and. Engineer for Professional Services Copyright (02008 National Society of'Professional Engineers for EJ(:➢C. All rights reserved. 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. Engineer's Standard Hourlv 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 $ jhour 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 Forin of Agreement Behveen Owner and Enlxincer for Professional Services. Copyright (02009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 Danch, Harner & 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 I 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 BERRIEN COUNTY, MICHIGAN. 1643 Commerce Drive, South Bend, IN 46628 574-234-4003 EXHIBIT A Hawbaker Street Southside T1F District ITEM HOURLY RATE SURVEY (LS) Prelim. options review Prelim. Design Prelim cost estimate Draft Report/estimate review Final Design Final cost estimate Client Review As-builts TOTAL City of South Bend SR. ENGR./PRINCIPAL ENGR. DESIGNER $ 138 2 $ 276 10 $ 1,380 2 $ 276 6 $ 828 8 $ 1,104 2 $ 276 1 $ 138 1 $ 138 HOURS 32 $ 4,416 1 28 2 2 12 1 0 2 HOURS 48 $ 80 $ 80 $ 2,240 $ 160 $ 160 $ 960 $ 80 $ 160 $ 3,840 #118-063 6/1/2018 SURVEY $ 4,175 $ 12,440 EXHIBIT A 2700 S. Main St. Southside TIF District ITEM HOURLY RATE SURVEY (LS) Prelim. options review Prelim. Design Prelim cost estimate Draft Report/estimate review Final Design Final cost estimate Client Review As-beilts TOTAL City of South Bend 5R. ENGR./PRINCIPAL ENGR. DESIGNER 138 2 $ 276 3 $ 414 2 $ 276 4 $ 552 2 $ 276 1 $ 138 1 $ 138 1 $ 138 HOURS 16 $ 2,208 1 10 2 2 6 1 0 2 HOURS 24 80 $ 80 $ 800 $ 160 $ 160 $ 480 $ 80 $ 160 $ 1,920 #118-063 6/1/2018 SURVEY $ 2,650 1 $ 6,780 EXHIBIT A Overlook Court SOuthside TiF District ITEM HOURLY RATE SURVEY (LS) Prelim. options review Prelim. Design Prelim cost estimate Draft Report/estimate review Final Design Final cost estimate Client Review As-builts TOTAL City of South Bend #118-063 6/1/2018 SR. ENGR./PRINCIPAL ENGR. DESIGNER SURVEY $ 138 $ 80 $ 2,950 2 $ 276 1 $ 80 3 $ 414 12 $ 960 2 $ 276 2 $ 160 3 $ 414 2 $ 160 3 $ 414 10 $ 800 2 $ 276 1 $ 80 1 $ 138 0 $ - 1 $ 138 2 $ 160 HOURS HOURS 17 $ 2,346 30 $ 2,400 $ 7,700 EXHIBIT A 7s "Wi. `11 SMALL DRAINAGE SUMMARY 118-063 Southside TIF District 6/1/2018 ITEM SR. ENGR./PRINCIPAL ENGR. DESIGNER SURVEY HOURLY RATE $ 138 $ 80 SURVEY (LS) $ 9,775 Hawbaker 32 $ 4,41.6 48 $ 3,840 S. Main 16 $ 2,208 24 $ 1,920 Overlook Ct. 17 $ 2,346 30 $ 2,400 Quote package prep 3 $ 414 3 $ 240 HOURS HOURS TOTAL 68 $ 9,384 105 $ 8,400 $ 27,560 EXHIBIT A Creekwater Lane ITEM HOURLY RATE SURVEY (LS) Prelim. options review Prelim. Design Prelim cost estimate Draft Report/estimate review Final Design Final cast estimate Client Review As-bu ilts TOTAL City of South Bend SR. ENGR./PRINCIPAI $ 138 2 $ 276 2 $ 276 2 $ 276 3 $ 414 2 $ 276 2 $ 276 1 $ 138 1 $ 138 HOURS 15 $ 2,070 ENGR. DESIGNER 1 8 z 1 4 1 0 2 HOURS 19 $ 80 $ 80 $ 640 $ 160 $ 80 $ 320 $ 80 $ 160 $ 1,520 #118-063 6/1/2018 SURVEY $ 1,550 $ 5,140 EXHIBIT A Olivia Circle ITEM ......................... HOURLY RATE SURVEY (LS) Prelim. options review Prelim. Design Prelim cost estimate Draft Report/estimate review Final Design Final cost estimate Client Review As-bu ilts TOTAL City of South Bend 5R. ENGR./PRINCIPAL ENGR. DESIGNER 3 4 2 4 4 2 2 1 HOURS 22 $ 138 $ 414 $ 552 $ 276 $ 552 $ 552 $ 276 $ 276 $ 138 $ 3,036 1 16 2 2 10 1 0 2 HOURS 34 $ 80 $ 80 $ 1,280 $ 160 $ 160 $ 800 $ 80 $ $ 160 $ 2,720 #118-063 6/1/2018 SURVEY $ 3,700 $ 9,460 EXHIBIT A Lafayette Falls ITEM HOURLY RATE SURVEY (LS) Prelim. options review Prelim. Design Prelim cost estimate Draft Report/estimate review Final Design Final cost estimate Client Review As-b u i Its TOTAL City of South Bend SR. ENGR./PRINCIPAL ENGR. DESIGNER 2 2 2 4 4 1 1 1 HOURS 17 $ 138 $ 276 $ 276 $ 276 $ 552 $ 552 $ 138 $ 138 $ 138 $ 2,346 1 $ 10 $ 2 $ 2 $ 6 $ 1 $ 0 $ 2 $ HOURS 24 $ 80 80 800 160 160 480 80 160 1,920 #118-063 6/1/2018 SURVEY $ 1,500 $ 5,770 EXHIBITA SMALL DRAINAGE SUMMARY #118-063 6/1/2018 ITEM SR. ENGR./PRINCIPAL ENGR. DESIGNER SURVEY HOURLY RATE'' $ 138 $ 80 SURVEY (LS) $ 6,750 CREEK WATER LANE 15 $ 2,070 19 $ 1,520 OLIVIA CIRCLE 22 $ 3,036 34 $ 2,720 LAFAYETTE FALLS 17 $ 2,346 24 $ 1,920 Quote package prep 3 $ 414 3 $ 240 HOURS HOURS TOTAL 57 $ 7,866 80 $ 6,400 $ 21,020 CM I111a SMALL DRAINAGE PROTECTS - BASIC SERVICES Engineer shall complete: Task 1 — Topographic Survey Engineer shall perform a topographic survey of the specific area of concern. Underground and overhead utilities and recorded easements will be included, in additions to spot elevations, and other topographic features within the project area. Task 2 — Preliminary Design In coordination with the topographic survey and the preliminary options presented, the preliminary design of each particular area will be completed. Utilizing the basic concepts of improving the overall drainage for each area, the best solutions will be sought. A preliminary design in CAD will be developed. Task 3 — Preliminary Cost Estimate Based upon the preliminary design a probable cost of construction will be developed using current estimating methods and figures of the latest construction activities in the South Bend community. Task 4 — Draft Report/Estimate Review A brief report of each project with its design and cost estimate components will be developed for review by Owner. As each project is different and seeks to find the solutions most beneficial to each area, the reports may waiver from initial design solutions and offer alternate solutions. Task 5 -- Final Design After review and confirmation from. the Owner, the Engineer will complete the design and specification as needed based upon comments received by Owner. If other solutions or significant changes to the drainage solutions are directed to be completed instead of the preliminary design, the final design change will not include a "step back" to the preliminary design stage task. Task 6 — final Cost Estimate Once a final design has specification have been completed, the Engineer will provide the Owner with the Final probable cost of construction estimate. Estimate will be based upon a construction sequence commencing, and being completed, in 2018. Task 7 — Client Review/Quote Package Prep Owner will be provided with construction drawings, specification, and cost estimate ready for securing a contractor through the Owner and its' method of securing a contractor ("quotes") for every small drainage project area, as long as the expected construction cost is reasonably expected to be less than $150,000. If said amount could possibly exceed that monetary figure, the Owner will evaluate its' budget and determine whether to proceed with a bidding process. Task 8 — As-Builts EXHIBIT B Engineer shall coordinate and verify as needed the final construction documents for the Owner, of each completed small drainage project. Engineer shall provide in CAD, PDF, or other methods, as directed by the Owner, all documents related to each project area.