HomeMy WebLinkAboutProfessional Services Agreement - American Structurepoint, Inc. - Traffic Signal Engineering On-Call Services1316 COUNTY-Crry BUILDING
227 W. JEFFERSON BouLEVARD
Sotn'j I BLND. INDIANA 46601-1830
CITY OF Sourii BEND PETEBUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS;
September 25, 2018
Ryan I-luebschman
American Structurepoint, Inc,
7260 Shadeland Station
Indianapolis, IN 46256
RE: Professional Services Agreement
Dear Mr. Huebschman:
PHONE 574/235-9251
FAX 574/ 235-9171
The Board of Public Works, at its meeting held on September 25, 2018, approved the above
referenced agreement for, traffic signal engineering on -call services in the amount of
$25,000.
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
GARY A. GILOT SUZANNA M. FRITZBERG ELIZABEi,ii A. MARADIK JAMEs A. MUELLER THERESI-, J. DORAU
■
0 AMERICAN
IgIN STRUCTUREPOI�NT
INC.
September 20, 2018
Mr. Roger Nawrot
City of South Bend
227 West Jefferson Boulevard, Suite 1300
South Bend, Indiana 46601
Re: Fee Proposal for On -Call Traffic Engineering Services
Dear Roger:
Thank you for giving American Structurepoint, Inc., the opportunity to provide you with our proposal for
on -call traffic engineering services within the City of South Bend, Indiana. The professional traffic
engineering services to be provided under this contract may include, but are not limited to, the following
items:
A. In -field signal timing reviews to address issues raised by the Owner due to proposed changes,
MOT/detour routes, or citizen concerns (includes review of intersection and system timings as
needed).
B. Traffic signal timing development and/or retiming; of any signal or signal systems within the city.
C. Special event traffic signal timing for large scale events (includes spoiling events, concerts, or
festivals),
D, Maintain and update Citywide Synchro model with timing changes performed by the "Consultant"
as well as any provided by the Owner. Consultant will provide portions of the models to the Owner
for distribution to outside parties as requested.
E. Provide benefit cost analyses of "before" and "after" results of traffic signal retiming efforts.
F. Maintain and update central signal system database (Aries, Centracs, etc.) with changes performed
by the Consultant as well as any provided by the Owner. Consultant will be able to review existing
database as requested by the Owner to determine anticipated signal system operation.
G. Traffic signal design development as well as review of signal design performed by others for the
Owner, specifically timing development and clearance calculations as performed by others.
14. Assist Owner with advanced traffic operations needs such as controller, central system upgrades,
and traffic responsive or adaptive signal system implementations,
1. Provide assistance to the Owner by helping to implement recommendations (timing, geometry,
etc.) and provide technology review when upgrading or making decisions on new technology,
J. Coordinate traffic data collection (includes intersection turning movement counts, daily traffic
counts, and pedestrian counts).
K. Review of traffic studies prepared by others.
L, Traffic studies for signals, signs, or markings (includes left -turn arrow analyses, traffic signal
warrant analyses, one-way street analyses, and on -street parking studies).
M. Evaluate intersection design alternatives, identify project priority, and determine potential for
phased implementation.
N. Assistance to Owner in training Owner's staff to operate and maintain project equipment and
systems,
2018.02098
10 AMERICAN STRUCTUREPOINT, INC.
Mr, Roger Nawrot
September 20, 2018
Page 2
PROJECT SCHEDULE
The proposed schedule for all tasks assigned under this contract shall be negotiated by the Consultant and the
Owner prior to beginning work.
COMPENSATION
This project is to be conducted on a time and materials basis. The agreed maximum cost is $25,000. In the event
that additional services are needed, additional compensation will be determined using the following rates.
Additional services will only proceed with prior written approval from the Owner.
Classification
Hourly Rate
Project Manager
$200.00
Senior Engineer
$180.00
Engineer
$145,00
-Prcject
Staff Engineer
$100.00
Senior Technician
$140.00
Technician
-Direct Expenses
Subconsultants
$100.00
At Cost
Cost 4- 5%
If the assumptions made in the scope of services relative to extent of work are found to change, you will be notified
in writing and a new (extra or reduced) fee will be presented. f lowever, we recognize that it may not always be
possible to provide written changes, as the City may need to request an immediate change or additional services,
and the administrative delays could be detrimental and costly to the project. In such case, requests for additional
services will be invoiced on a time and materials basis.
SUPPLEMENTAL SERVICES
The fees listed above represent the total scope of services as we understand it at this time. We do not anticipate
the need for the following services, but we are available to provide them for a Supplemental fee if such a need
should arise:
A. Survey, roadway design, or right-of-way services related to traffic signal design services provided as part
of the Basic Services described above.
B. Services resulting from significant changes in the scope, extent, or character of the portions of the project
designed or specified by Consultant or its design requirements including, but not limited to, changes in
size, complexity, Owner's schedule, character of construction, or method of financing; and revising
previously accepted studies, reports, drawings, specifications, or contract documents when such revisions
are required by changes in laws and regulations enacted subsequent to the effective date or are due to any
other causes beyond Consultant's control.
C. Set -vices required as a result of Owner's providing incomplete or incorrect project information to
Consultant.
D. Providing renderings or models for Owner's use.
E. Furnishing services of Consultants for other than Basic Services.
F. Providing construction surveys and staking to enable Contractor to perform its work, and any type of
property Surveys or related engineering services needed for the transfer of interests in real property; and
providing other special field surveys.
201802088
AMERICAN STRUCTU. REPOINT, INC.
Mr. Roger Nawrot
September 20, 2018
Page 3
Car, Providing Construction Phase services beyond the original date for completion and readiness for final
payment of Contractor.
H. Providing assistance in responding to the presence of any constituent of concern at the site, in compliance
with current laws and regulations.
1. Preparing record drawings showing appropriate record information based on project annotated record.
documents received from Contractor, and furnishing such record drawings to Owner.
J. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration, or other
dispute resolution process related to the project.
K. Providing more extensive services required to enable Consultant to issue notices or certifications
requested by Owner.
L. Assistance in connection with the adjusting of project equipment and systems..
The services listed above represent the total scope of services as we understand them at this time. If the terms and
conditions of this proposal meet with your approval, please sign the attached EJCIDC agreement and return it to
our office. We will consider this our notice to proceed.
We greatly appreciate this opportunity and look forward to working with you on this project. If you have any
questions, please feel free to contact our office.
Very truly yours,
American Structurepoint, Inc.
f� WJ'14
C. Ryan Huebschman, PE, PTO
Project Manager
CRfl:abm
Attachments
201802088
EJCDC...--
ENGINEERS JOINT CONTRACT
DOCUMENTS COMMITTEE
AGREEMENT
BETWEEN OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT effective as of�'..j
("Effective Date") between
Board of Public Works, City of South Bend, Indiana ("Owner") and
American Structurepoint, Inc. ("Engineer").
Owner's Project, of which Engineer's services under this Agreement are a part, is generally
identified as follows:
On -Call Traffic Engineering eering Services ("Project").
Engineer's Services under this Agreement are generally identified as follows:
Please see Engineer's. attached ro osal letter dated Se tember 20 2018.
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: N/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 construction not exceeding N/A months. If the actual time
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.
Paee 1 2018.02088
to complete construction exceeds the 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 40 35 days of receipt. If Owner rails to make a payment due
invoiee, then the amounts due Engineer will be inereased at the fftte of a
menth (or the--, maxim -um rate of interest permitted by law, if less) fteffl said lhkieth
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 non -disputed claims against Engineer for any such suspension. Payffierits
will be eFedited &st to interest and then to principah
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. l .b.
c. 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;
EJCDC E-520 Short Form of Agreement Between Owner and Rrigineer for Professional Services.
Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved.
Paee 2 2018.02088
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 3.0l.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.B the assigns of Owner and Engineer) are hereby bound to the other
party to this Agreement and to the successors, executors, administrators, and Iegal
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.
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.
PaEe 3 2018.02088
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 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
EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services.
Copyright c02009 National Society of Professional Engineers for EJCDC. All rights reserved.
Pane 4 2018,02088
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.
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 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. 1f 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
EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services.
Copyright02009 National Society of Professional Engineers for EJCDC. All rights reserved.
Paee 5 2018.02088
oral understandings. This Agreement may only be amended, supplemented,
modified, or canceled by a duly executed written instrument,
7.01 Basis of Payment —Time and Materials
A. Using the procedures set forth in Paragraph 2,01, Owner shall pay Engineer as
follows:
1. On a time and materials basis with an agreed maximum cost of $25_,000..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.
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
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 6 2018.02088
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
Alli—t��
By:
Title:
Gary A. Gilot, President
By:
VA_.
Title:
E szabc*AMaradik, Member
..-.
By:
Title:
_
Therese J. lorau, Member
By:
Title: James A. Mueller, Member
Title: Su�ainia h: Feitzber 71e%fs el'
Attest: 1,.1..,1,..�+_-}
Title: Leda Martin, Clerk
Date: C l19
Address for giving notices:
227 'West Jefferson Boulevard
South Bead. Indiana 46601
Designated Representative (Paragraph 8.03.A):
Engineer:
American Structurepoint, Inc..
Title: Project Manager
Date: September 20, 2018
Engineer License or Firm"s Certificate No,
State of: Indiana
Address for giving notices:
7260 Shadeland Station
Indianapolis. Indiana 46256
Designated Representative (Paragraph 8.03.A):
Roger Nawvrot., PE, PLS Ryan 1luebschman, PE, PTOF
Title: Director of Redevelopment Engineering
Phone Number: (574) 235-5932
Facsimile Number: (574) 235-9171
Title: Project Manager
Phone Number: 317-547-5580
Facsimile Number: 317-543-0270
E-Mail Address: rnawi'ot@soLittibeiidin.gov E-.Mail Address: rhuebs'chriian ct structurepoint.com
EJCDC E-520 Snort Form of Agreement Between Owner and Engineer for Professional Set -vices.
Copyright C2009 National Society of Professional Engineers for EJCDC. AH rights reserved.
Paae 7 2018,02088
AMERICAN STRUCTUREPOINT, INC.
TRANSPORTATION DEPARTMENT
2017-2018 STANDARD HOURLY RATES SCHEDULE
Standard Hourly Rates are subject to annual review and adjustment. Hourly rates for services in effect
from July 1, 2017, to June 30, 2018 are:
EMPLOYEE CLASSIFICATION DOURLY RATE
Principal
$250
Project Manager
$200
Senior Engineer
$180
Project Engineer
$145
Senior Planner
$135
Project Planner
$120
Senior Environmental Specialist
$165
Environmental Specialist
$95
*Staff Engineer, Staff Planner, or Staff Surveyor
$100
*Staff Scientist
$65
*Senior Technician
$140
*Technician
$100
*Researcher
$100
Registered Land Surveyor
$155
*Survey Crew Member
$85
*Resident Project Representative
$125
*Construction Inspector
$95
*Interns and Co-ops
$65
Landscape Architect
$130
*Rates for these classifications are subject to overtime premium of an additional 0.16 x hourly
rate.
REIMBURSABLE EXPENSES
Reimbursable expenses include direct expenses incurred by American Structurepoint, Inc., or our
consultants in the performance of work which is directly related to the project. These expenses are in
addition to compensation for Basic and Supplemental services. Reimbursable expenses will be invoiced
at 1.1 times our direct costs. These expenses include, but are not limited to, the following:
• Renderings, models, or colored elevations
• Governmental agency review or permit fees
• Reproduction of documents for governmental agency review, bidding, or construction
• Reimbursable expenses charged to us by subconsultants
• Airline tickets, car rental, mileage, and per diem expenses for out-of-town travel
• Couriers and overnight deliveries, including FedEx, UPS, or similar carriers
The following expenses, if incurred in the process of providing professional services included in basic
services, are included in the fee noted and are not considered reimbursable expenses:
• Printing for in-house purposes and progress meetings
• Plotting expenses
• Computer charges
• Long distance phone calls
• Faxes
• Postage and handling
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 09/19/2018
Name Kara Boyles /Alicia Czarnecki Department Engineerin
Purchasing
® Michael Schmidt
❑ Agreement
❑ Contract ❑ Proposal ❑ Addendum
® Professional Services
❑ Resolution
❑ Bid Opening
❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet
❑ Quote Opening
❑ Quote Award
❑ Change Order No.
❑ CIO & PCA No. ❑ PCA
❑ Ease/Encroach.
❑ Traffic Control
n Other:
Company or Vendor Name American Structurepoint_
New Vendor ❑ Yes ® No ❑ If Yes, Approved by Purchasing
MBEIWBE Contractor ❑ MBE ❑ WBE
MBEANBE Contractor Requested ❑ No ❑ Yes Name of Company
Project Name Traffic Signal Engineering On Call
Project Number 118-095
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
Amount of ❑
El
LRSA
251-0608-431.36-67
$ 25,000.00
Lump sum base bid with alternates
Emergency Purchase Order for repair at 2222 Mishawaka Avenue
❑ Required Contractor's Certification Form Attached (Non -
Collusion, Non -Discrimination, Non -Debarment, E-Verifv, Iran, etc.)
Increase
Decrease
Previous Amount
Current Percent of Change:
New Amount
Total Percent of Change:
Copy
Original
❑
❑
❑
❑
❑
❑
4/Q
4/Q
Dispersal After Approval