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HomeMy WebLinkAboutProfessional Services Agreement - Frost Engineering & Consulting - Flood Damage Repairs at North Pumping Station1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND_ 1NDIANA 46601-1 930 4 1865 CITY OF SOUTH BEND " •''BOARD OF PUBLIC NYOVKS February 12, 2019 R Jerry Frost Frost Engineering & Consulting, Inc. 201 Lincolnway West, Suite 200 Mishawaka, IN 46544 RE: Professional Services Agreement Dear Mr. Frost: PHONE 574/235-9251 FAx 574/235-9171 The Board of Public Works, at its meeting held on February 12, 2019, approved the above referenced agreement regarding plans and specs for flood damage repairs at the North Pumping Station in the amount not to exceed $42,950. 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 LAURA O'SULLIVAN THERESE J. DORAU INTER -OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO:. Members of the Board of Public Works Eric Horvath, Director of Public Works Clara McDaniels, Assistant City Attorney Public Works Kara Boyles, City Engineer Linda M. Martin, Clerk FROM: Jacob M. Klosinski, P.E., Assistant City Engineer SUBJECT: Project No. 118-302 North Pumping Station Flood Damage Repair Plan Professional Services Agreement — Frost Engineering & Consulting DATE: February 4, 2019 i�woma� w�:aavv� r �i�uvuvu mv�rcmrvrvrvmm� �w�,r,¢u�wuw�u��wurvm�vwiw�m�r�ar���nww�nv�vas�muuiwnre s���Wu�rvr�m�rmwmawnt�uwonru�nm�nmr�mmmmm n:�w n nmum��mu uoidoumi�ivwnmmwio� The Division of Engineering requests the Board of Public Works approval of a Professional Services Agreement with Frost Engineering and Consulting to develop engineering design plans and specifications for flood damage repairs at the North Pumping Station. Background and Purpose: The historic Flood of 2018 impacted the levels of the St. Joseph River and ground water levels around Leeper Park and the North Pumping Station. The resulting high ground water table resulted in infiltration through the lower basement (pump room) walls in the North Pumping Station. Frost Engineering & Consulting previously assisted in the initial structural investigation of the building and provided its initial report findings under a previous agreement. This Professional Services Agreement provides for the procurement of design services to develop Plans and Specifications for the necessary repairs to the North Pumping Station building, sidewalk and settlement issues cause by the Flood of 2018. The Division of Engineering will oversee the project in concert with the Division of Utilities. This work will be part of a lump sum agreement not the exceed $42,950.00. The Division of Engineering will utilize sufficient funds from Liability Insurance Account 228- 0419-672.36-01 Building Repair and Maintenance or 226-0419-380.10-83 Insurance Claim as directed by the City Controller and City personnel overseeing the Flood Insurance Claims. For questions regarding the above recommendation or the subject project, contact Jacob M. Klosinski (Ext. 9496) at the Division of Engineering. ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of 2/12/2019 ("Effective Date") between Boar(l of Public Works. City of South l3crid. Indiana ("Owner") and Frost Engiineering &-Consulting '("Engineer"). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: City of South Bend- North Pumping Station ("Project") Engineer's Services under this Agreement are generally identified as follows: Phase IB-$13,450.00 Phase 2 - $29,500.00 Owner and Engineer further agree as follows: 1.01 Basic Agreement and Period of&) -Wee 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 asset 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: LlmonthyL. 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 4_ 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. r;igc I I:J('I)C E-500 Agrecmem Belneen Owner and Elloillm. rot. Professional scrsices Cops right © 2003 \alional socich` of P ofessional Enginccl s for I JCUC. All l ghts resencd. 2.01 I apnenl Procedures A. hmoices: 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 35 days of receipt. 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. 3.01 Terminalion A. The obl igation to continue performance under this Agreement ►nay be terlliinated: 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 3.0 LA. Lb. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.0I .A.l .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; 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. R 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 Pale 2 I 500 Agrecmcnt Inc IN%ccn Mucr and I:ugi racer forICI"ofesslUl Inn seI Nice$ Cop)righI © 2408 \atiolmI Sue ictI of ProfessiminI Engineers for F.ICDC. :UI rights rescr%ed, otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. C. Ill 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, if ssigns, cuncl Benefrcicu'ies 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 4.0 LB the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, adlllllllStl'atol'S, 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 ally rights under or interest (including, but without linlitation, 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 fi'onl 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, supplies', other individual or entity, Br 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 Consiclerations 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 slakes 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. 13. 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 Protect is located, 1:.1C DC b: i11U :\grccrocnt Jkmecn Mil, :ind Engineer ror 111-ol'cssioual Services Col)lri2lil© 2008 National Socico of Piol'cssionol I:ngineiis lot 1 IC IIC. All H-Ills rose scd 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 consh•uction 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 doeUme►1tS 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 exposul•e to Engineer or to its officers, directors, members, partners, agents, employees, and consultants; (3) Owner shall indemnify and bold 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 $50,00 or the total amount of compensation received by Engineer, whichever is greater. 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 I-Ia7-al-dolls 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 Page 4 P:.1CDC E-500A.,,recmcnl Ilcl+s Celt (inner and 1?ngioccr for 111.01Vs5ional 5cr%ices Copyright © 20ON \aIionaI SocieI) ol` Professional Enginccrs for E.]CD C. All rights rescrccd. identity 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 Agi-eemem 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 Bo.vis of Pa}?mmnt—Luml) Sum A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1. A LUMP SUM amount of $42.950 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 Serri es, For additional services of Engineer's employees engaged directly on (lie 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 hourl}, rates are attached as Appendix 1. Attachments: Appendix 1, Engineer's Standard Hourly Rates I';1ge IiJ(:DC F-500 Agreerocnl nehiccu (honer and Engineer for Professional Sersices Copy right 02008 \alinnal Spelet) of Professional Enginecrs fur EJCDC. All rights reser%ed. 11 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, bldiana Board of Public Works By: ° Title: Gary A Oilot, Presiden t By: � . � Title: iI-MIII MTIV Mit24crt„ Member K Title: Elizabel I A. Maradik, Member By: Title: Tlae se J. DoratM-m By: Title: tur°ll I" a liv"tul„ tuber Attest:.w / �..n.. Title • ida Martin, Clerk Date: a /-.. _2�.__..f.. Address for giving notices: 227 West Jefferson Boulevard South Bend, Indiana 46601 Designated Representative (Paragraph 8.03.A) Kara M. Boyles, Ph.D., P.E. Title: City Engineer Phone Number: (:574') 235-5933 Facsimile Number: (574) 235-9 17 1 E-Mail Address; i(bo less ottlllbclrtrut; ov Engineer: R Jerry Frost Frost Enaineerim-, & Consultim, By: .Professional EnLdneei` Title: President Date: I/I1/l9 Engineer License orPunl's Certificate No, PE10302174 State of: Indiana Address for giving notices: 201 Lincohmay West, Suite 200 Mishawaka, 1N 46544 Designated Representative (Paragraph 8.03.A): Troy A. Madlenl, PE, MLSE Title: Vice President Phone Number: 574-344-5900 Facsimile Number: 574-344-5965 E-Mail Address: tnua(tIe11 RI—ftostelI % Page 6 EICIIC 1•:-Soo Agreement Beim cell 0nncrand Engineer' For- Professional Services u _ ww mm mm C'opY r i-lit w©2008 Natimml Socim of Professional I:ngoiaccrsfor l:.ICD(:. All ighis resen cd. F.TCDCiR ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE This is Appendix 1, Engineer's Standard Houfly Rates, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services dated January 11, 2019. Engineer's Standard Hourly Rates m C Stancka-d Hourly Roles: 1. Standard Hourly Rates are set forth in this Appendix 1 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 of 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. Schechile of Hourly Rates: Hourly rates for services performed on or after the Effective Date are: Billing Class VIII $ 200.00/11ou1- Billing Class VII $180.00/110111- Billing Class VI $160.00/hour Billing Class V $145.00/flour Billing Class IV $130.00/11ou1- Bllllllg Class Ill $115.00/110111- Billing Class li $95.00/ 110ur Billing Class I $80.00/110111. Support Staff $60.00/hour Appendix I, Standard hourly Hates schedule H•ICDC L-520 short Forms ofAgrecinenI Ileveen Owner and f•.nginecr I'sf. Professional sersices. CSop3`right D2009 National Socicty of Professional 1:nginccrs for I:JCI)C. All rights resrnecL Page I Frost Engineering & Consulting Company 201 Lincolnway West, Suite 200, Mishawaka, IN 46544 Phone 574-344-5900 Fax 574-344-5965 TO.: City of South Bend Jacob Klosinski, PE Assistant City Engineer Environmental Services 3113 Riverside Drive, South Bend, IN 46628 DATE: FEBRUARY 5, 2019, 2019 EXPIRATION DATE: FEBRUARY 28, 2019 Client: City of South Bend - North Pumping Station - Building Repair Project GOAL: Construction Drawings for Repairs CONTACT PERSON JOB PAYMENT TERMS DUE DATE Madl.. ..m.._....__-- � .......-_.� .�.—.. _.......w --� ... � —... ___--__ Jerry m_,,..... ��.._. R. M t, PE, S City of South Bend, Indiana Tro y PE, N1LSE North Pumping Station 30 T.B.D. Professional Engineering Services . .... -------- ---L .... . . . .. . . DESCRIPTION I LINE TOTAL Professional structural engineering services as outlined below. The effort is priced for development of construction plans and specification for the repair of the building. In summary, during recent past heavy rain and flooding, the adjacent water levels developed water pressure at a significant level to induce pressure and water & sandy soils into the basement level of the facility. Points of concern included areas around a 30inch water line and potential risk of loss of support. An emergency inspection, assessment, and temporary conclusion (permitting occupancy) was complete February 23, 2018 (report submitted 2/26/2018). The next progressive step is the preparation of plans and specifications for repairs (Phase 2 & 3). PHASE 1A: PROFESSIONAL ENGINEERING STAFF — BUILDING INSPECTION AND ASSESSMENT The proposed engineering work scope is offered in support of the City of South Bend's effort to review the North Pumping Station building impacted by the most recent flood water conditions. This effort will provide structural engineers to inspect and assess the following areas: • Lower basement space — detail inspection and assessment review. • Findings from initial inspection will be reviewed and incorporated into post flooding report finings. • Other areas of building — internal and external review for structural deficiencies in building. • Building plans, as provided Frost Engineering will provide professional engineering staff (two engineers) to review, inspect, assess the building, as directed. To control costs and effective engineering task, Phase 1 is priced to identify the structural deficiencies in the building. Day 1: (Focus on lower basement space) Phasel: Priced for a 2- day visit COMPLETED 1?kvOEngineering Et Consulting Company Highest Level of Quality & © Copyright 2005. All Commitment to our Monta rights reserved. Q % hour Travel on site by 9:OOAM / 7-8hr Data collection for building Day 2: • % hour Travel on site by 9:OOAM / 7-8hr data collection for building Any critical deficiencies will be reported immediately A registered Professional Engineer (PE) or Structural Engineer (SE) knowledgeable of inspection, assessment and evaluation of structural systems will lead the field team. Deliverables for this Phase 1 will include an executive report summary of initial field findings, documentation photos, development of Phase 2 scope of work for design for identified repairs. We expect the executive report to be completed in approximately 3 weeks after inspection. Additional engineering support beyond this scope of work can be billed hourly at the rates included in the attached rate schedule (say if beyond 2-day site visit). See Next Page for Demo Phase �ro6t'Engineering Et Consulting Company Highest Level of Quality Q. © Copyright 2005. All rights reserved. Conunitm ut to our CUouts NEW ITEM - PHASE 113: PE STAFF FOR OVERSIGHT & CONTRACTOR Frost Engineering will provide one (1) professional engineer (Principal or Engineer VIII) to monitor light demolition of area under review around 30" main water line. The sub -contractor is Larson Danielson and their proposal is estimated at 2-days, 8hr/day For Larson Danielson: The following is a scope for related demolition costs of the interior walkway and excavation of soils within an enclosed space for engineering inspection of a supply pipe for the South Bend Water Works Building. The not to exceed costs are provided for (2) days of man power and equipment that require the excavation and demolition of existing conditions for the soil erosion from the storm event. 1. Mobilize manpower, materials & equipment to complete the project in a professional manner. 2. Furnish and install dust protection enclosure as required for area that requires saw cutting of concrete. 3. Provide concrete slab sawing of 4'-0"x4'-0" existing area (thickness is assumed 6") to gain access to examine conditions on other side for inspection by Frost Engineering. 4. Hand excavate materials as indicated underneath slab and 36" diameter pipe into Contractor supplied dumpster. It is estimated (-)2'-8" from bottom of slab to top of pipe, another 3'-0" of area around pipe, and additional 2'-0" to basement floor for an overall height of 8'-0" +/- of enclosed space. 5. The man power for this project is figured for (1) superintendent and (3) workers for (2) days based upon our site inspection on 01/04/19. Any additional days involved due to cave in of soils within enclosed space would involve additional costs at a rate of $2,550.00 per day. 6. Final clean up. Clarifications: • All work is figured for standard weekday working hours, 7:00am — 3:30pm. • All work would be signed off by Engineer or City Project Manager on daily timesheets and receipts. • No work is configured to replace any material and replacement of concrete slab. • Any additional work not described in this scope of work will be completed through approved Change Orders. • No permit fees or bonds are included in this proposal. • The City of South Bend is required for location of utilities. • All tools such as saws, jackhammer, barricades, lighting along with personal protection equipment is provided by Larson Danielson. • Time is configured for the safety training required by the Water Works Administration. • Larson Danielson and sub -contractors will not be responsible for damage to unforeseen underground obstructions not shown on drawings or located prior to the commencement of work. Rerouting, relocation, disconnection, capping, and/or removal of existing utilities would be additional if required. • Barricades are to be provided by Larson Danielson for protection of work areas. • (1) 20 cubic yard dumpster is figured for concrete materials and construction debris. Any additional dumpster required would be additional to quote. • Prices exclude taxes on materials. Please provide Tax Exemption Form for credit. Important! Our Proposal does not include the identification, detection, abatement, encapsulation, disposal, nor removal of Asbestos, lead -based paints, PCB's, Fungi, Bacteria, nor any hazardous substances. FEC Hourly, NTE, $3,200 Billing Schedule LID $10,250 _161or Engineering Et Consulting Company © Copyright 2005. All rights reserved„ Highest 7.eve1 of Quality Q, Commitment to our Clisntb PHASE 2: PROFESSIONAL ENGINEERING SERVICES — CONSTRUCTION PLANS AND SPECIFICATIONS FOR REPAIRS Frost Engineering will work with the City of South Bend and prepare a bid package for repairs to the exterior sidewalk, interior demolition of 6" slab above pipe & repointing identified in Phase 113. For new items found outside these repairs, Frost Engineering will work with the City to identify any new tasks to be included in development of the final construction plan set. Frost Engineering will take the data from known findings from Phase 1A and any new findings in Phase 1B & develop engineering construction plans and specifications for all identified deficiencies. This will include an excavation to the lower exterior wall. iust above foundation footing, and resetting/compacting the sub -surface and will include repairs to the damaged sidewalks. Repointing of the wall, prior to resetting the adjacent soil will be included. Plans will include trenching and provisions for safety of the trench during work Plans and specifications will also note/outline internal repointing of the lower space Norther and Western walls. Plans will also note repointing of the western window arch area. This will also include preparation of a bid package for the City. PHASE 3: PROFESSIONAL ENGINEERING SERVICES — CONSTRUCTION OVERSIGHT Frost Engineering will provide the design engineer for questions and comments during bidding and during construction, as necessary. A registered Professional Engineer (PE) in the State of Indiana will oversee the bidding and provide field construction over -sight, if requested from the City of South Bend. NTE TOTAL This is a quotation on the goods named, subject to the conditions noted on the following pages: To accept this quotation, sign here and return: THANK YOU FOR YOUR BUSINESSI Phase 2: $29,500 Phase 3; T&M Hourly $42, 950 A registered Professional Engineer (PE) knowledgeable of structural building systems of this type will lead the field inspection, measurements, and field assessment. The same engineer will direct and oversee the development of the final report. This same engineer will direct the repair plans, as necessary, of the structural systems. The schedule for development of plans and specifications is estimated at 4-5 weeks effort. The professional services are for Professional Engineering consulting services. It is understood that the City of South Bend will allow Frost Engineering access to all plans and/or records in its possession and at its disposal pertaining to this work, including all necessary electronic drawings files created in support of the design. Frost Engineering will provide PDF drawing files of all structural plans upon completion for Project Record purposes of the project; however, Frost Engineering and Consulting reserves all rights with regards to these files. Payments will be made from invoices billed monthly based on percent complete. All fees shall be submitted for payment with thirty -day (30) payment of invoices anticipated to maintain our fee structure. -14vO Engineering Et Consulting Company afg,..st novel or CyuaHty a © Copyright 2005. ALL rights reserved. OoauMtm ut to our OWntb A 1.5% interest will be applied after 30 days of invoice date. All efforts to analyze the structural system will be made; however, project cost monitoring is not currently within the scope of our services. Should re-design/re-analysis of the project components be required, the additional professional services required will be consistent with the billing schedule on the following page. If additional engineering services are required which are outside of the scope of the project as quoted, those out of scope services shall also be charged consistent with the billing schedule attached. In the event additional engineering services are required due to mistakes, poor design or incomplete work performed by or provided by the City of South Bend and or its associated contractors, City of South Bend agrees to pay Frost Engineering for additional time incurred according to the billing schedule as attached. It is understood that this proposal shall remain open through the date shown on page 1. After that date, Frost Engineering and Consulting reserves the right to renegotiate the terms of this proposal. -?"0 Engineering a Consulting Company 0 Copyright 2005. All rights reserved. High—t Lerel of Quality dt tlommit—t to our dltsnta Additional professional services by Frost Engineering Et Consulting Company shall be completed on an hourly basis as follows: Effective January 2018 h DESIGNATION RATE ENGINEER VIII (PRINCIPAL) $220.00/HR. ENGINEER VIII $200.00/1-111. ENGINEER VII $160.00/HR. ENGINEER V $145.00/HR. ENGINEER IV $130.00/HR. ENGINEER III $115.00/HR. ENGINEER II $100.00/1-111. ENGINEER I $80.00/HR. DESIGNER $75.00/HR. TECHNICIAN III $72.00/HR. TECHNICIAN II $65.00/HR. TECHNICIAN I $60.00/HR. ADMINISTRATIVE $65.00/HR. • Rates are as noted and subject to negotiation due to emergency operations and schedule demands from the Client. OVERTIME PREMIUM: OVERTIME RATES OVER 40 HOURS/WEEK = 1.50 TIMES THE ABOVE RATES REIMBURSABLE EXPENSES:. MILEAGE $ 0.75/MI. DIRECT PROJECT EXPENSES Invoice X 1.15 PROJECT RELATED TRAVEL EXPENSES Invoice X 1.15 SUBCONTRACTOR SERVICES Invoice X 1.20 o Reimbursable Expenses included with Lump Sum Estimates unless noted otherwise This Agreement and any attachments are for your exclusive and confidential use. You may not reproduce, perform, distribute, display or create derivative works of the content of this document (including logos, photos, texts, whether or not marked as copyrighted) without the express written consent of Frost Engineering and Consulting. Possession of any content from this document does not confer you any legal rights with regard to its content. Frost Engineering and Consulting reserves all rights with regard to all elements of this document. n,ew R. Jerry Frost, PE, MS, MBA PRESIDENT 1/2/2018 Date -1444 ' Engineering &t Consulting Company © Copyright 2005. All rights reserved. Higlur! Level of Quality 0. Commitment to our Cliental BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date Name February..4.,..20.1_9............._..................._. w __. Jacob M. Klosinski Department Utilities Env. Serv, BPW Date February 12, 201, Phone Extension 574� 235-9496 ww vmu!mmmuw mrmnmeammmwmm, mwn�rsnm umumumumumimumumi uuuuuummmuuuuuuuummmmmmmmmmmmm Required Prior to Submittal to Board Legal ® Attorney Name Clara McDaniels Controller ® Controller review is required for all Contracts $5,000.00 or more anc greater than one year in length per the City Purchasing Policy Purchasing ® *AI Greek Director of Utilities* .. .._ .....__ ... _............ Check the pro ria b Item 7ype — e iced for All Submissions Agreement Contract Proposal Addendum ® Professional Services Resolution Bid Opening E Bid Award El Req. to Advertise ❑ Title Sheet Fl Quote Opening ❑' Quote Award Change Order No. ❑ C/O & PCA No. ❑ PCA Ease/Encroach. ❑ Traffic Control El Other: Required Information _m Company or Vendor Name Frost Engineering & Consulting New Vendor Yes ® No ❑ If Yes, Approved by Purchasing MBE/WBE Contractor ❑ MBE Fj WBE MBE/WBE Contractor Requested ❑ No Ej Yes Name of Company Project Name North Pum in Station - Flood DamageRepair Plan Project Number .................. w �mmmmmmm.. 118-302 Funding Source --.—.............._..._..._.......................... LiabilityInsurance (Building Repairw& Maint. or Insurance Claim) Account No. 226-0419-672.36-01 or 226-0419-380.10-83 Amount $ 42,950.00 Terms of Contract Lump Sum, Not to Exceed mmmm Purpose/Description Re nest to a rove- a ProfessionalmmmServices Agreement with Frost Engineering & Consulting to rovide en iineen g plans and s ecificatilons for flood damage repairs at the North Pumping Station. ❑ Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran„ etc. lie uiredm For ��ta � Orders Only Amount of Increase $�- Decrease $ Previous Amount �._..._........._................................. .. ...wwww dddw ......................... $ Current Percent of Change: % New Amount $ Total Percent of Change: % .�.............__......_.................... Dispersal After Approval Copy Original ® F ......KaraBoyles, City Engineer _.'.....5..........................................9....w _w .__....._® El Jacob M. KlosinskiAsistant CityEn.neer .... ...._ -z El Al , Director of Utilities & Susan Zeeb, Director of Financial Services W stew ater