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HomeMy WebLinkAboutProfessional Services Agreement - Hull & Associates Inc - Environmental Consulting Services1316 COUNTY-Crry BUILDING 227 W. JEFFERSON BOULEVARD S I ol 1-ru 4865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYC' BOARD OF PUBLIC WORKS I November 13, 2018 Doug Stewart Hull & Associates, Inc. 6397 Emerald Parkway, Suite 200 Dublin, OH 43016 RE: Professional Services Agreement Dear Mr. Stewart: PHONE 574/235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting held on November 13, 2018, approved the above referenced agreement for general environmental consulting services in the amount of $30,000. 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 ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DoRAu AGREEMENT FOR PROFESSIONAL SERVICES This Agreement For Professional Services (this "Agreement") is entered into on November 13, 2018 (the "Effective Date"), by and between the City of South Bend, Indiana, acting by and through its Board of Public Works ("City"), and Hull & Associates, Inc., an Ohio corporation with its registered office address at 6397 Emerald Parkway, Suite 200, Dublin, Ohio 43016 (the "Provider") (each a "Party" and collectively the "Parties"). For and in consideration of the mutual covenants and promises contained herein, the Parties agree as follows: 1. Services. The Provider will provide to the City the professional services set forth in the Provider's proposal attached hereto as Exhibit A (the "Services"). In the event of any conflict between the terms of this Agreement and the terms of Exhibit A, the terms of this Agreement will prevail. The Provider will execute its obligations under this Agreement in accordance with the prevailing professional standard of care ordinarily exercised under similar conditions by reputable members of its profession practicing in the same or similar locality at the time of service. 2. ("c r��l x �t )p. In exchange for the Provider's satisfactory performance of the Services, and subject to the terms and conditions of this Agreement, the City will pay the Provider a total sum not to exceed Thirty Thousand Dollars ($30,000.00) (the "Contract Amount"). The City will pay the Provider for services rendered upon invoicing by the Provider in four -week increments (each a "Contract Payment"). The City will not be required to make any Contract Payment if the City is not satisfied with the Provider's performance under this Agreement or any default or breach of this Agreement by the Provider exists, as the City may determine in its sole discretion. The sum of all Contract Payments will not exceed the Contract Amount. 3. Additional Work. Notwithstanding anything in Exhibit A. to the contrary, the Provider will undertake no additional work beyond the Services without first obtaining the City's written approval of such additional work and specific compensation therefor. 4. TeelN,� 'I"crrniImaiio�n, Unless earlier terminated in accordance with its terms, this Agreement will commence on the Effective Date stated above and end on December 31, 2020 (the "Expiration Date"). Effective immediately upon delivery of a written termination notice to the Provider, the City may terminate this Agreement, in whole or in part, for any reason, if the City determines that such termination is in the best interest of the City. If the City makes a written determination that funds are not appropriated or are otherwise unavailable to support the continuation of this Agreement, it shall be cancelled. A determination by the City that funds are not appropriated or are otherwise unavailable to support the continuation of performance shall be final and conclusive. The City will not be required to make any Contract Payment or be otherwise liable for any cost associated with the Provider's performance of any Services after the effective date of termination. 5. Remedies for „Breachwof Contract. Failure to complete the Services in accordance with this Agreement may be considered a material breach. In the event of such breach, the City 1 may suspend all payments to the Provider and may pursue any and all remedies available at law or in equity. The Provider shall repay to the City any portion of the Contract Amount expended for matters not within the scope of the Services. 6. Point of Contact. The Contract Administrator identified in Section 9 below will serve as the City's principal point of contact for purposes of this Agreement. 7. l elatiotisliip. The Provider shall at all times be an independent contractor for the performance of the Services rather than an employee of the City, and no act or omission to act by the Provider shall in any way bind or obligate the City. This Agreement is strictly for the benefit of the Parties and not for any third -party or person. This Agreement was negotiated by the Parties at arm's length and each of the parties hereto has reviewed the Agreement after the opportunity to consult with independent legal counsel. Neither party shall maintain that the language in the Agreement shall be construed against any signatory hereto. The City and the Provider hereby renounce the existence of any form of agency relationship, joint venture, or partnership between the Provider and the City and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between the City and the Provider. 8. Indeam1ification of C;i . The Provider hereby agrees to defend, indemnify, and hold harmless the City, its officials, employees, and agents from any and all claims of any nature which arise from the performance by the Provider under this Agreement and from all costs and attorney fees in connection therewith, excepting for claims arising out of the negligence of the City, its officials, directors, employees, and agents. The obligations of the Provider under this Section shall survive the termination of this Agreement. 9. Notices. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered, whether or not actually received, when deposited in the United States Postal Service, postage prepaid, registered or certified mail, return receipt requested, addressed to the City or the Provider, as the case may be, at the address set forth below. Provider: Hull & Associates, Inc. 6397 Emerald Parkway, Suite 200 Dublin, OH 43016 Attn: Doug Stuart City: Department of Community Investment City of South Bend 227 W. Jefferson Boulevard, Suite 1400 S. South Bend, IN 46601 Attn: Chris Dressel (the "Contract Administrator") 10. l:clul Qppo�t�it�. The Provider shall comply with federal, state, and local law in its hiring and employment practices and policies for any activity covered by this Agreement. 11. F',iitire iecnieiit; Amendll=(' AplitJcgile Law. This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them. This Agreement may be amended only by separate writing, signed by authorized 2 representatives of both the Provider and the City. This Agreement will be construed and interpreted according to the laws of the State of Indiana. 12. A§Sigiil m rill. Except as contemplated in Exhibit A, the Provider shall not assign or subcontract the whole or any part of this Agreement or its obligations hereunder without the prior written consent of the City. 13. ... . oti C'o'Ilusion,. The undersigned attests, subject to the penalties of perjury, that he is the Provider and that he has not entered into or offered to enter into any combination, collusion, or agreement to receive or pay, and that he has not received or paid, any sum of money or other consideration for the execution of this Agreement other than that which appears upon the face hereof. The Provider agrees that he will execute and submit to the City and any other appropriate bodies, an affidavit in the form attached hereto as Exhibit B. 14. Drug -Free Workplace. The Provider hereby agrees to make a good faith effort to provide and maintain a drug -free workplace. The Provider will give written notice to the City within ten (10) days after receiving actual notice that the Provider or an employee of the Provider within the State of Indiana has been convicted of a criminal drug violation occurring in the workplace. 15. E-Verify. The Provider hereby certifies that it does not and will not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Provider subsequently learns is an unauthorized alien. The Provider agrees that he/she/it shall enroll in and verify the work eligibility status of all of the Provider's newly hired employees through the E-Verify program as defined by Ind. Code 22-5-1.7-3. [Signature page follows.] IN WITNESS WHEREOF, the Parties hereto have caused this Agreement For Professional Services to be effective as of the Effective Date stated above. 11 S, INC By;.. Date CITY OF SOUTH BEND INDIANA Date Signed: ..............� Iary Gilot, President Suzanna Fritzberg, Member James A. Mueller, Member ., Therese J. Dcram, Member .___ .................. Eli zabetli A. Maradik, Member Q" S r: -Linda a tin. Clerk ofthe Board of Public Works 4 EXHIBIT A Provider's Proposal [See attached.] Environment / Energy / Infrastructure October 18, 2018 Mr. Chris Dressel, Brownfield Coordinator City of South Bend Department of Community Investment 227 West Jefferson Blvd, Suite 1400S South Bend, Indiana 46601 RE: Proposal for General Environmental Consulting Services in Support of Redevelopment Efforts for Areas A, B and C, and Other Properties (as needed), South Bend, Indiana; SB1079.0001. Dear Mr. Dressel: Hull & Associates, Inc. (Hull) is pleased to present the City of South Bend (Client) the following proposal for continued professional engineering services for the above referenced projects. The purpose of this letter is to establish the Scope of Work, fee and schedule for the project. The Scope of Work is based on Hull's experience providing similar services to the Client during previous years and through ongoing discussions with the Client. Specifically, Hull will continue to assist the Client with continued interpretation of new data and findings; communications with the Client, Client's counsel for insurance recovery and litigation support, regulatory agencies and prospective developers; and attendance at meetings that are not currently addressed by existing contracts with Client. Hull will also assist Client with environmental support for other City of South Bend properties (besides the Oliver and Studebaker sites) on an as -needed basis. COMPENSATION Estimated not -to -exceed costs during the remainder of calendar year 2018 and into 2019/2020 (depending upon the level of expenditure) for the above Scope of Work are $30,000 and are based on previous general consulting expenditures and expectations of work for the stated time period. The fees have been developed based on our estimate of hours for each labor category expected to be involved in the project. The rates used to calculate compensation for each labor category are within the ranges presented in Table 1. Actual rates and hours expended for each category may vary based on project personnel used. Additionally, personnel in labor categories not included in Table 1 may be used. The Client will be billed for actual labor hours and other project costs with the total project cost not to exceed that shown above, unless additional work is required as discussed below. The project will be billed on a four -week basis with payment due to Hull within thirty-five days after receipt of an invoice. ADDITIONAL WORK Additional work beyond the Scope of Work defined herein shall not be performed until such time as an amendment to this proposal, including the scope of the additional work and associated costs, has been prepared in writing to address the additional work and said amendment has been approved by the Client in writing. 6397 Emerald Parkway, Suite 200, Dublin, Ohio 43016 614.793.8777 614.793.9070 fax www.hullinc.com STANDARD OF CARE AND LIMITATIONS Hull shall perform its services using that degree of care and skill ordinarily exercised under similar conditions by reputable members of its profession practicing in the same or similar locality at the time of service. No other warranty, expressed or implied, is made or intended by our proposal or by our oral or written reports. The work will not attempt to evaluate past or present compliance with federal, state, or local environmental or land use laws or regulations. Conclusions presented by Hull regarding the Site to be investigated shall be consistent with the Scope of Work, level of effort specified, and investigative techniques employed. Reports, opinions, letters and other documents will not evaluate the presence or absence of any compound or parameter not specifically analyzed and reported. The presence of radiation, radon, lead, electromagnetic fields, and indoor air pollution will not be investigated, unless specifically stated in the scope of work. Hull makes no guarantees regarding the completeness or accuracy of any information obtained from public or private files or information provided by subcontractors. Again, thank you for the opportunity to prepare this proposal. Hull will begin providing project services immediately upon the City's written authorization. All work will be conducted pursuant to Hull Contract # CNTRCT.300.2259. Please call me at (614) 362-71 10 or (317) 517-6506 if you have any questions. Sincerely, r Douglas G. Stuart, CHMM Senior Project Manager cc: Hull File Copy TABLE HULL & ASSOCIATES, INC. OCTOBER 2018 DUBLIN, OHIO SB1079.0001 Environment HU__LL /Infrastructure 2018 STANDARD BILLING RATE SCHEDULE MANAGEMENT STAFF SCIENTISTS SeniorPrincipal... .......... ................................................. $250 Principal Scientist ................................................................ $150 Prin6pal....................................................................................... $1 80 Senior Scientist.................................................................... $130 SeniorProject Manager`.......................................................„. $150 Project Scientist................................................................... $1 15 ProjectManager...................................................................... $130 Scientist II.............................................................................. $100 Government& C<aar nunhy Relations ................................... $110 Scientist I .................................................................................. $85 ENGINEERS Principal Engineer....................................................................$150 Senior Engineer........................................................................$130 Project Engineer.......................................................................$115 EngineerII..................................................................................$105 EngineerI......................................................................................$95 Senior Designer........................................................................$1 10 DesignerII....................................................................................$95 DesignerI.....................................................................................$80 HYDROGEOLOGISTS Principal Hydrogeologist.......................................................$150 Senior Hydrogeologist.,.... .... ....................... ....... _ $130 Project Hydrogeologist..........................................................$115 Hydrogeologist II.....................................................................$100 HydrogeologistI.........................................................................$85 SUPPORT STAFF Senior GIS Specialist......................................................... $1 10 GISSpecialist.........................................................................$85 Senior Technician................................................................... $75 TechnicianII.............................................................................$65 TechnicianI..............................................................................$50 Project Management Assistant .... ....... ......... ............... .„,„„„...$50 SURVEY STAFF Principal Surveyor..............................................................$150 Project Surveyor..................................................................$120 SurveyorII............................................................................ $100 SurveyorI................................................................................$85 SurveyCrew Chief................................................................$80 Survey Crew Member..........................................................$60 SurveyCrew........................................................................ $140 NOTES: 1 . Standard rates also apply to Jobes Henderson & Associates, Inc., a wholly -owned subsidiary of Hull & Associates, Inc. 2. If personal vehicles are utilized, travel mileage is billed at the federal mileage reimbursement rate. If company -owned vehicles are utilized, rental rates of $120/day, $350/week, or $1,000/month are used in lieu of travel mileage. If rental vehicles are utilized, the actual cost of the rental and gasoline will be billed directly with no mark-up. 3. Air transportation fees are billed directly with no mark-up. A. Project reimbursable expenses such as reproduction by vendors, overnight shipping, meals, and lodging associated with travel or extended field activities, etc. are billed directly with no mark-up. 5. Field equipment rented from outside vendors is billed directly with no mark-up. Field equipment owned by Hull, including individual equipment items or groupings of equipment such as sampling kits, are billed at competitive market - equivalent rates for daily or weekly rental. 6. Subcontractors' fees are billed at a rate equal to the subcontractor fee multiplied by 1 .1 to recover Hull's contractual risk and associated operational expense. 7. Overtime for time worked on a project in excess of 8 hours/day is billed at 1.5 times the standard rate. 8. Higher hourly billing rates may apply for certain services such as rapid response consulting, Ohio Certified Professional, expert witness services, etc. as agreed on a project -specific basis. HULL & ASSOCIATES, INC. 1 OF 1 OCTOBER 2018 DUBLIN, OHIO SB1079.0001 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date Name 11/6/18 Chris Dressel Department Community Investment BPW Date 11/13/18 Phone Extension 5847 Required Prior to Submittal to Board Legal Attorney Name Sandra Kennedy 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 1:1 Agreement Professional Services F-1 Bid Opening Quote Opening Change Order No. Ease/Encroach. Other: " Contract F] Resolution 0 Bid Award R'Quote Award C/O & PCA No, Traffic Control Proposal F] Req. to Advertise F1 PCA Company or Vendor Name Hull & Associates New Vendor E] Yes M No EJ If Yes, Approved by Purchasing MBEANBE Contractor R MBE R WBE MBE/WBE Contractor Requested E] No F-1 Yes Name of Company Project Name General Environmental Consultinq Services ­.­.­ . . . . ..... . ............... Services . ____ Project Number Addendum El Title Sheet Funding Source Studebaker Oliver Grants Account No. . ... .......... I - .................. - ............ ........... ------ 209-1402-460-31.06 Amount 30,0 0 0 Terms of Contract I .... . . . . ..................... . . ................... ....... "I'll ............... 11/13/18 - 12/31/20 Purpose/Description ............................ . ................. . ........... . . . — ------ Assist City of South Bend with continued interpretation of new data and findings; communications with City and its outside counsel for insurance recovery and litigation support, regulatory agencies and prospective developers; and attend meetings that are not currently addressed by existing contracts. Provide environmental support for other City of South Bend properties on an as -needed basis. F-1 Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non Debarment„ E-Veri Iran, etc.) - — - - - - ------ - - Required or, dh—i 0—rders,"-O--nl"y"--,--"" Amount of increase [J Dec rease Previous Amount . . . . . . . . . . . . . . ................. . . ...................... . . . . . . . ........ ................. .............. ............. ... ...................... . . . . .............. Current Percent of Change: . . . . . .......... .. . . . ............... . . . . ....... . . . . . . . .. New Amount ..................... . Total Percent of Change: Dispersal After Approval Copy Original E] DCI - Chris Dressel El H-ul-I& Associates"- Doug Stuart ......... — — - -- - - - ----------- ------------- ----- ----- . ... .......