Loading...
HomeMy WebLinkAboutProfessional Services Agreement - Abonmarche Consultants Inc - Design of New Traffic Signal System at Ewing and Fellows1316 COUNTY -CITY BUILDING 227 W. JEFF RSON BOULEVARD SOUTH REND. INDIANA46601-18.10 CITY OF Souni BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS October 9, 2018 Daryl 1�,nip Abonmarche Consultants, Inc. 750 Lincoln Way East South Bend, IN 46601 RE: Professional Services Agreement Dear Mr. I<�nip: 1'Itorrt.; 574/23.5-9251 FAX 5741235-9171 The Board of Public Works, at its meeting held on October 9, 2018, approved the above referenced agreement regarding the design of a new traffic signal system at the Ewing and Fellows intersection in the amount not to exceed $1.4,000. 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 GMy A. Gn,o"r SUZfi,N➢ A M. Ht1IZBL,',iw EjJZAM'r1[ A. MARADIK JAW s A. MULILLr;R TI-ino sr� J. DC)RAU � � � rm100lpr� � r '11yUJJllll� r 01010111m I a LIN &XIISILT1 l 11 �L l►4 � \ _I FOR PROFESSIONAL O SERVICES THIS IS AN AGREEMENT effective as of October 9, 2018 ("Effective bale") between. Board of Public "Forks, City of South. Bend, Indiana ("Owner") and Abonmarche Consultants Inc. ("Engineer") Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: Fellows & Ewing Intersection Signal Replacement - Cily Project No. 118-097 ("Project"). Engineer's Services under this Agreement are generally identified as follows: Design and prepare Construction Documents for a traffic signal to replace the existing signal at the intersection of Fellows Street and Ewing Street. Owner and Engineer further agree as follows: 1.01 Basic Agreement and Period ofService 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: 1. Preliminary Plans within 4 weeks of authorization, 2. Final Plans within 3 weeks after Preliminary (Plans. 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 Page 1 EJCDC E-500 Agreement Between Owner and Engineer for Professional services Copyright C 2008 National society of Professional Engineers for EACDC, All; rights reserved. 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. 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 30 35 days of receipt. If Owner fails to make any paymei4 due Engineer for sen4ees and expenses within 30 days after- feeeip! of gn&eef's iftvaiee, then the amatff4s due Eiigineer will be inervased at !he rate o pef rfienth (or the maximuna F-A-ti-e of -i-PAW-est permitted by law, if less) from said tWAieth 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. Payments will be ,,,.ed4ed r nt to Werest and the tpr-ineipa4. 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 parry to perform in accordance with the Agreement's terms through no fault of the terminating parry. 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 3.0 LA. 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 Between Owner and Engineer for Professional Services Copyright OO 2008 National Society of Professional Engineers for EdCDC. 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.E 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 parry. 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 © 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. 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 mold 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 Iiability to Owner under this Agreement shall be limited to 06*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 Page 4 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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. 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 Not to Exceed A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1. A Not to Exceed amount of S14,000.00 a. Preliminary Design $5,500.00 b. Final Design 500.00 c. Bid Process (Hourly, NTE) L2,500.00 d. Construction Administration (Hourly, NYE) S 500.00 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 Appendix 2, Work Plan Page 5 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. fN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner: Engineer: City of South Bend, Indiana Board of Public Works .4 Abonmarche Consultants, Inc. By: By: �M3 Title: Gary A. Hot President Title: Daryl Knip�,PE, ViePd re VIF By: Title: u11zann. Fritz e A4 A W a 'Member W By: Title; Elizabeth A. K/Iaradik, Member By: Title: Therese J. Doran, Member By: Title: James A. Mueller, Member Attest: Title: -LinklaMartin, Clerk Date: /0 6 ) q / 1;� 0 / P Date: October 1, 2018 Engineer License or Firm's Certificate No. PE 19900163 State of: Indiana Address for giving notices: Address for giving notices: 227 West Jefferson Boulevard 750 Lincoln Way East South Bend, Indiana 46601 South Bend, Indiana 46601 Designated Representative (Paragraph 8.03.A): Designated Representative (Paragraph 8.03.A): - Kara M, Boyles, Ph.D., P.E. Chad Knip, PE Title: City Engineer Phone Number: (574) 235-5933 Facsimile Nurnber: E-Mail Address (574) 235-9171 Title: Project ManMr Phone Number: 574-314-1018 Facsimile Numbec kbK)Ales6&southbend Ln.gt.Ly E-Mail Address: cknip2abonmarche.com Page 6 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright (D 2008 National Society of Professional Engineers for FJCDC. 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 October 9, 2018. Engineer's Standard Hourly Rates A. Standard I-Iourly 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: Hourly rates for services performed on or after the Effective Date are: Principal $ 250.00/hour Project Manager 200.00/hour Senior Project Engineer 145.00/hour Project Engineer 125.00/hour Staff Engineer 100.00/hour Cadd Technician 80.00/hour Support Staff 70.00 /hour Appendix 1, Standard Hourly Rates Schedule EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright C2009 National Society of Professional Engineers for KJCDC. All rights reserved. Pace I Engineering e Architecture * Load Surveying The proposed project generallly consists of replacing the existing signals with four new poles and signals at the intersection of Fellows Street and Ewing Street. A topographic survey has already been completed. SCOPE OF SERVICES We have tailored our scope of services pursuant to our discussions with City Engineering and and our understanding of the services generally necessary to complete a project scope such as the one you have outlined. Our proposed services for the above -described project are outlined in the tasks as follows: Task #1 - Preliminary Design A. Determine location for new strain poles. B. Prepare preliminary plans. C. Prepare preliminary cost estimate, D. Review with City. Task #2 - Final Design & Construction Documents A. Final Design and prepare construction documents. B. Prepare bidding and construction specifications,. C. Prepare construction cost estimates. D. Prepare final bid documents. E. Review with City Task #3 - Bid Period A. Respond to bidder's questions. B. Prepare necessary addenclums. C. Attend bid opening. D. Tabulate bids and prepare contract award recommendation letter. Task #4 - Construction Period A. Attend pre -construction conference. B. Review shop drawing submittals. C. Answer the City and Contractor questions. D. Attend meetings as requested by the City. 750 Lincoln Way East, South Bend, IN 46601 • 574M2.8700 abon,marche.com Date Name BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM October 1, 2018 Roger Nawrot Purchasing Department Division/Bureau Public Works Engineering ❑ 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: li Other: Company or Vendor Name New Vendor MBEIWBE Contractor MBEIWBE Contractor Requested Project Name Project Number Funding Source Account No. Amount Abonmarche Consultants, Inc. ❑ Yes ❑ No ❑ If Yes, Approved by Purchasing ❑ MBE ❑ WBE ❑ No ❑ Yes Name of Company Ewing & Fellows Intersection Signal Replacement 118-097 LRSA Traffic Signals 251-0608-431.36-67 $14,000.00 Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Change: % Dispersal After Approval Copy Original ❑ ❑ ❑ ❑ ❑ ❑ Chris Dressel