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HomeMy WebLinkAboutAmendment No 2 to PSA - Arcadis US Inc - North Station Well No 1 Replacement1316 COUNTY-Cri'y B1Jiu)IN(3 227 W-JEFF'ERSON BOULEVARD "Of H I I REND. I NTA ANA 46601-1930 Crry OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS September 25, 2018 Amy Smitley Areadis US, Inc. 150 West Market Street, Suite 728 Indianapolis, IN 46204 RE: Amendment No. 2 to Professional Services Agreement Dear Ms, Smitley: 1'11(.)Ni� ' 574/235-9251 FAX 574/ 235-9 t 71 The Board of Public Works, at its meeting held on September 25, 2018, approved the above referenced amendment for assistance with North Station Well No. I replacement and bidding in the amount of $33,820. 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 GARY A. Gii,m, SUZANNA M, FRITZ111-Ro EtJZAKI-i'ji A. MARADIK JAmi,s A. MUELL]"R THERI-SE J. DORAU STANDARD AGREEMENT FOR PROFESSIONAL SERVICES Page I of 6 Between Citv of South Bend and ARCADIS U.S., Inc. Project Number 03029038.0000 An Agreement was executed on November 8, 2016 between the City of South Bend, Indiana [Client), having its principal place of business at 1316 County -City Building, South Bend, Indiana 46601, and Arcadis U.S., Inc. [Arcadis], having its principal place of business at 630 Plaza Drive, Highlands Ranch, Colorado 80129 and having an office at 132 East Washington Street, Suite 600, Indianapolis, Indiana 46204, Under the Agreement, Arcadis provides certain professional engineering services related to design and bid assistance for the Well No. I Replacement project at the South Bend North Station, Client and ARCADIS, now desire to amend the Agreement to include the amended Services as described below. In consideration of the mutual promises in the Agreement, Client and Arcadis agree to amend the Agreement as the following: Schedule A-1, Scope of Amended Services. 2. Schedule B-1, Compensation for Amended Services. Other Provisions, Except as amended herein, all other provisions, terms and conditions in the Agreement shall remain in full force and effect, Execution Authority. This Amendment to the Agreement is a valid and authorized undertaking of Client and Arcadis. The representatives of Client and Arcadis who have signed below have been authorized to do so. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment to the Agreement as of this date: 2018. CITY OF SOUTH BEND Arcadis U.S., Inc. By: ATIP M) VID Title: Associate`�'Vice President(,,-,) 8**Td Of NWiC WDY" STANDARD AGREEMENT FOR PROFESSIONAL SERVICES Page 2 of 6 Between City of South Bend and ARCADIS U.S., Inc. Project Number: 03029038.0000 AMENDMENT No. 2 Schedule A.-1 Scope of Amended Services and Related Matters ENGINEERING SERVICES BY ARCADIS The City desires to re -bid this project due to a single, high bid received. Arcadis will provide bidding assistance services. In addition, Areadis will provide limited construction administration services as described below for the Project during the construction phase. The City will provide the Resident Project Representative for the Project. The Project is to be constructed under one construction contract and is expected to achieve completion and readiness for final payment of the Contractor within six months after issuance of the Notice to Proceed. Task 13, Re -bidding Assistance Assist Client in advertising for bids. Provide ARC Reprographics with Bidding Documents for their distribution to plan holders. ARC Reprographics will distribute the documents and maintain a record of plan holders. Prepare addenda as appropriate and provide to ARC Reprographics for their distribution. The Client only will attend site visits during the bid phase. A pre -Bid meeting is not included and if request will be conducted by Client. The Client only will attend the bid opening and reading of the bids and will provide information to Arcadis. Areadis will prepare a bid tabulation, review bids, and recommend to Client regarding the award of the construction contract. Upon successful completion of the bidding phase, the following construction services apply. Task 14. General Administration of Construction Contract Consult with Owner and act as Owner's representative as provided in the Construction Contract. The extent and limitations of the duties, responsibilities, and authority of Engineer as assigned in the Construction Contract shall not be modified, except as Engineer may otherwise agree in writing. All of Owner's instructions to Contractor will be issued through Engineer, which shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and the Construction Contract except as otherwise provided in writing. Task 15. Pre -Construction Conference Participate in a Pre -Construction Conference prior to commencement of Work at the Site. The conference will be attended by Engineer via teleconference. Task 16. Schedules Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to Engineer, including the Initial Progress Schedule, Schedule of Submittals, and Schedule of Values. Following Engineer's review of Initial Progress Schedule Owner will review subsequent Progress Schedules. Task 17. Visits to Site and Observation of Construction In connection with observations of Contractor's Work while it is in progress: Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, to observe as an experienced and qualified design professional the progress of Contractor's executed Work. Such visits and observations by Engineer are not intended to be exhaustive or to extend to every aspect of Contractor's Work in progress or to involve detailed inspections of Contractor's Work in STANDARD AGREEMENT FOR PROFESSIONAL SERVICES Page 3 of 6 Between City of South Bend and ARCADIS U.S., Inc. Project Number: 03029038.0000 AMENDMENT No. 2 progress beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer's exercise of professional judgment, as assisted by the Owner's Resident Project Representative. Based on information obtained during such visits and observations, Engineer will determine in general if the Work is proceeding in accordance with the Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. Engineer will make l site visit during construction. Additional site visits can.be provided as additional services if required. + The purpose of Engineer's visits to the Site will be to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the exercise of Engineer's efforts as an experienced and qualified design professional, to provide for Owner a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Engineer shall not, during such visits or as a result of such observations of Contractor's Work in progress, supervise, direct, or have control over Contractor's Work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to Contractor's Work, nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and perfornung the Work. Accordingly, Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish or perform the. Work in accordance with the Contract Documents. • In addition to the general construction site visit, field oversight by the Engineer's hydrogeologist will be provided for during well drilling, construction, and testing activities. The oversight activities will be conducted during the following phases of the project for the production well: a) Site visit on first day of drilling activities - Establishing line of communications with the driller; - Confirm proper well location; and, - Inspect well materials to ensure are in accordance with specifications. b) Site visit during the installation of the .well screen and gravel pack to confirm proper placement. c) Site visit on last day of well development activities to confirm adequate development. d) On -site during the entire duration of performance testing. activities. Direction of contractor during performance testing - Set up transducers, collect manual water levels - 2-day background monitoring period - Variable rate pumping test - Constant rate pumping test - Collect water quality sample - Tabulate and analyze performance test data (well performance and aquifer performance) and select rated capacity for well Task 18. Defective Work Reject Work if, on the basis of Engineer's observations, Engineer believes that such Work (a) is defective under the standards set forth in the Contract Documents, (b) will not produce a completed Project that conforms to the Contract STANDARD AGREEMENT FOR PROFESSIONAL SERVICES Page 4 of 6 Between City of South Bend and ARCADIS U.S., Inc. Project Number: 03029038.0000 AMENDMENT No. 2 Documents, or (c) will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Task 19. Clarifications and Interpretations; Field Orders Issue up to 10 clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Subject to any limitations in the Contract Documents, Engineer may issue field orders authorizing minor variations in the Work from the requirements of the Contract Documents. Prepare a tracking log for clarifications and interpretations. Task 20. Change Orders and Work Change Directives Recommend change orders and work change directives to Owner, as appropriate, and prepare up to 2 change orders and/or work change directives as required. Task 21. Shop Drawings and Samples Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Engineer shall meet any Contractor's submittal schedule that Engineer has accepted. Prepare a tracking log. Task 22. Substitutes and "or -equal" Requests Review the Contractor's requests for product substitutions and "or equal"; Engineer will separately track the time and expense required for such reviews and invoice the Client for such reviews as Additional Services. Task 23. Inspections and Tests The Owner's Resident Project Representative will require such special inspections or tests of Contractor's work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Contract Documents. Any review by Engineer of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. Engineer shall be entitled to rely on the results of such tests. Task 24. Change Proposals and Claims. (a) Review and respond to up to 5 Change Proposals. Review each duly submitted Change Proposal from Contractor and, within 30 days after receipt of the Contractor's supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer will not resolve the Change Proposal. (b) Provide information or data to Owner regarding engineering or technical matters pertaining to Claims. STANDARD AGREEMENT FOR PROFESSIONAL SERVICES Page 5 of 6 Between City of South Bend and ARCADIS U.S., Inc. Project Number: 03029038.0000 AMENDMENT No. 2 Task 25. Applications for Payment Owner will review and process Contractor's Applications for Payment. Task 26. Contractor's Completion Documents Receive, review, and transmit to Owner maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and other data approved as provided under Paragraph A1.05.A.9, and transmit the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. The extent of such review by Engineer will be limited as provided herein. Task 27. Substantial and Final Completion Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor, visit the Project to determine if the Work is substantially complete. If after considering any objections of Owner, Engineer considers the Work substantially complete, Engineer shall deliver a certificate of Substantial Completion to Owner and Contractor. Owner will conduct a final visit to the Project to determine if the completed Work of Contractor is acceptable and recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Owner shall also provide a notice in the form attached hereto as Exhibit E (the "Notice of Acceptability of Work") that the Work is acceptable to the best of Owner's knowledge. Task 28. Record Drawings Prepare Record Drawings showing appropriate record information based on Project annotated record documents received from Contractor, and furnishing such Record Drawings to Owner. A hard copy (full size drawings on standard bond paper) and electronic copy (in AutoCAD and pdf file format) will be submitted to the Owner. AutoCAD version shall be based on the Owner's standards at completion of the Project. STANDARD AGREEMENT FOR PROFESSIONAL SERVICES Page 6 of 6 Between City of South Bend and ARCADIS U.S., Inc. Project Number: 03029038.0000 AMENDME NT No. 2 Schedule ®1 Amended Pricing Schedule The estimated budget for services under this Amendment No. 2 is indicated below and as estimated in the attached table. The overall limit of compensation under this Agreement is as follows: Original Agreement $66,070 Amendment No. 1 $7,340 Amendment No. 2 $33,820 Overall Limit of Compensation $107,230 pp. iIIOARCADIS Al Greek Director of Utilities City of South Bend 3113 Riverside Drive South Bend, IN 46628 Subject: North Station Well No. 1 Replacement — Bid and CA Services Amendment No. 2 Dear Al: Enclosed are two, signed copies of the proposed Amendment No. 2 for the North Station Well No. 1 Replacement - Bid and Construction Administration Services. If the amendment is acceptable to the Board, please return one fully executed copy to me for our files. We look forward to working with you on, this project. Sincerely, Arcadis U.S., Inc. Amy E. amitley, PE Associate Vice President Endosures ARCADIS U.S., inc. 150 West Market Street Suite 728 Indianapolis, Indiana 46204 Tel 317 2316500 Fax 317 231 6514 www.arcadis-us.com WATER Date: September 6, 2018 Contact: Amy Smitley Phone: 317-236-2844 Ernait: amy,smitley@arcadis.com BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 9-17-1.8 .— Name Kim Thompson Department UtilitiesNVater BPW Date 9-18,-18 Phone Extension 5969 ---------- ----- --------- - ----- . . ......... Legal Attorney Name Clara McDaniiels Controller review is required for all Contracts $5,000.00 or more Controller E:1 and greater than one year in length per the City Purchasing Policy Purchasing F-1 L Agreement H Contract L] Proposal H Addendum F-1 Professional Services M Amendment F-1 Bid Opening F-1 Bid Award F-1 Req. to Advertise El Title Sheet F-1 Quote Opening ❑ Quote Award [:1 Chg Order No. ❑ C/O & PCA No. F-1 PCA El Ease./Encroach. El Traffic Control F-1 Resolution F1 Other: F] Claim ?WNIV-71 =10 I Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Amount of Arcadis El Yes E] If Yes, Approved by Purchasing 0 No DIVIBE Completed E-Verify Form Attached F-1 WBE North Station Well #1 Replacement Amendment #2 16WO01 Water Works Engineering 62,0-0640-658-3102 $33.820 Assistance with well replacement and bidding. F� increase $ El Decrease $ Previous Amount Current Percent of Change New Amount Total Percent of Change: Time Extension: a Copy Original M F-1 Kim Thompson E E] Roxanne Lawson F El El Yes [:] No