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HomeMy WebLinkAboutProfessional Services Agreement - Crumlish and Crumlish Architects Inc - Edison Filtration Plant Roof Replacement1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOI ITH BEND. INDIANA 46601-1 830 CITY OF • BEND PETE BUTTIGIEG, MAYOR BOARD RDPUBLIC WORKS April 23, 2019 Brendan Crumlish Crumlish & Crumlish Architects, Inc. 3215-B Sugar Maple Court South Bend, IN 46628 RE: Professional Services Agreement Dear Mr. Crumlish: PHONE 574/235-9251 FAx 574/235-9171 The Board of Public Works, at its meeting held on April 23, 2019, approved the above referenced agreement regarding the design for the Edison Filtration Plant roof replacement in the amount not to exceed $24,000. Enclosed please find the original of the agreement for your signature. Please sign and return the original agreement to our office and retain a copy 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 GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU 4111-- ECi� ; I ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE AGREEMENT BETWEEN OWNER AND ENGINE AR HITECT FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of TuesdijAj4`,,`,',1' 9 9 12, , , I I �, ("Effective Date") between Board of Public Works, City of South Bend, Indian ("Owner") and Q,U jAidg j,("E*&eer Architect"). Owner's Project, of which Eriginew Architect's services under this Agreement are a part, is generally identified as follows: ("Project Engineer Architect's Services under this Agreement are generally identified as follows: Owner and Engineer Architect further agree as follows: 441 Basic Agreement and Period of Service AT--Fngi+ww Architect 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, Efvgtneer- Architect shall furnish services in addition to those set forth above. Owner shall pay Engineer Architect for its services as set forth in Paragraphs 7.01 and 7.02. B. E*gftwe-r Architect shall complete its services within a reasonable time, or within the following specific time period: December 2018 for design and bidding. C. If the Project includes construction -related professional services, then Engiiuw Architect's time for completion of services is conditioned on the time for Owner and its contractors to complete construction not exceeding 0 months. If the actual time to complete construction exceeds the number of months indicated, then E+igineer Architect's period of service and its total compensation shall be appropriately adjusted. Page 1 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services . ............... Copyright (D 2008 National Society of Professional Engineers for. . . ................. . 2.01 Payment Procedures A. Invoices: Efginew Architect 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 39 35 days of receipt. p due -e-iaefftstd at-4le rate of 1.094-peH*e� a � . �{:` ay- In addition, . Architect may, after giving seven days written notice to Owner, suspend services under this Agreement until Effg4vaff Architect has been paid in full all amounts due for services, expenses, and other related charges. Owner waives any and all non -disputed claims against Engineef Architect for any such suspension. Payments will be e. tr-s+ inter,est and4lhend 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 EAgineef Architect for its services is a substantial failure to perform and a basis for termination. b. By Engmeef Architect: 1) upon seven days written notice if Owner demands that EA&eer Architect furnish or perform services contrary to Enginee Architect's responsibilities as a licensed professional; or 2-) upon seven days written notice if the lingkieff Architect's services for the Project are delayed for more than 90 days for reasons beyond Fingineef Architect's control. Architect shall have no liability to Owner on account of a termination by Architect under Paragraph 3.0LA. Lb. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.01.A.l.a if the parry 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 Engine Architect's receipt of written notice from Owner. Page 2 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright ©2008 National Societyof Professional Engineers for EJCDC. 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 Ew&ww Architect 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, Engineel, Architect 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 p iaeer Architect are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer Architect (and to the extent permitted by Paragraph 4.01.B the assigns of Owner and r Architect) are hereby bound to the other parry 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 `� Architect 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 En#imff Architect 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 Eagineff Architect and not for the benefit of any other party. 5.01 General Considerations The standard of care for all professional eagineefing design and related services performed or furnished by E+qonreer Architect 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 Architect makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engine Architect's services. Subject to the foregoing standard of care, Engineef Architect 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. Finginee Architect shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall Ewgineef Architect 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 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. for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. E This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located. D. Winer Architect 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. ,' eer Architect is not responsible for variations between actual construction bids or costs and FAVmneer Architect's opinions or estimates regarding construction costs. E. E*gineff Architect 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 Architect'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 EegineeF Architect. 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. The Owner acknowledges the E+igineff Architect's construction documents, including all electronic files, as instruments of professional services. 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 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 &kgineer Architect, 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 Ungineer Architect; (2) any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by eer Architect, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to EAgineef Architect or to its officers, directors, members, partners, agents, employees, and consultants; (3) Owner shall indemnify and hold harmless Engmftf Architect 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 Eagrleer Architect; and (4) such limited license to Owner shall not create any rights in third parties. Nevertheless, the final construction documents, including all electronic files, prepared under this agreement shall become the property of the Owner upon completion of services and payment in full of all monies due to the FagHwff Architect. H. To the fullest extent permitted by law, Owner and Engine Architect (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 Eiwg leer Architect's total liability to Owner under this Agreement shall be limited to Vim or the total amount of compensation received by E +wer Architect, whichever is greater. Page 4 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. I. The parties acknowledge that . �" ' Architect'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 Architect or any other party encounters a Hazardous Environmental Condition, Eingineer Architect 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 EegmeeF Architect 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 Eagineef Architect 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 —Lump Sum A. Using the procedures set forth in Paragraph 2.01, Owner shall pay FAgtneef Architect as follows: 1. A Lump Sum amount of $24 0 00 B. The portion of the compensation amount billed monthly for Engmeef Architect's services will be based upon Engine Architect's estimate of the percentage of the total services actually completed during the billing period. for .. MMISM .. .. . .. Page 5 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. WNW 1Or] WAk I" Basis of Payment Direct Labor Costs Times Factor, Plus Reimbursables 7.02 Additional Services: For additional services of ". w Architect's employees engaged directly on the Project, Owner shall pay Architect an amount equal to the cumulative hours charged to the Project by each class of leer Architect's employees times standard hourly rates for each applicable billing class; plus reimbursable expenses and En&eef Architect's consultants' charges, if any. Eagineef Architect's standard hourly rates are attached as Appendix 1. Attachments: Appendix 1, Enginew Architect's Standard Hourly Rates Page 6 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Socie of Professional Engineers for EJCDC. All ri8hts reserved. 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 Publi , Works Title: Ga ry A. Oa1ot„ President By: Title: Genevieve E. Miller, Member By. Title: Elizabeth A. Marad°iik, Member By: . Title: Therese J. Do gt_i, Meml rr �.Wo By: Title: Laura L. O'Sullivan, Member Attest Title: w41ida Martin, Clerk Date: 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: Ci En ineer Phone Number: 574 235-5933 Facsimile Number: 574 235-9171 E-Mail Address: k oyles(d).s utbbendiR.gqv Engineer Architect: Crumlish & Crumlish Architects, Inc. By Title: Brendan D Crumlish, President Date: ",gineer Architect License s- Certifiwate State of: Address for giving notices: 3215-B Sugar Maple Ct. South Bend, IN 46628 Designated Representative (Paragraph 8.03.A): Brendan D. Crumlish Title: President Phone Number: 574-282-2998 Facsimile Number: 574-282-2993 E-Mail Address brendan@crumlishandcrumlish.c oars Page 8 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. MUM EJCDC....:,,,, ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE This is Appendix 1, ww Architect's Standard Hourly Rates, referred to in and part of the Short Form of Agreement between Owner and Bwgineef Architect for Professional Services dated 7/31/2018 Enginee> Architect's Standard Hourly Rates A. Standard Hourly Rates: 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 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: Professional Staff Technical Staff Administrative Staff $ 125/hour $ 75/hour $ 45/hour Appendices Page 1 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. This is Appendix 2, Engineer Architect's Proposal for Professional Services dated 3/8/2019. City of South Bend 3215 SUGAR MAPLE COURT, SUITE B SOUTH BEND, INDIANA 46628 PHONE: 514-282-2998 FAX:514-282-2994 A SQUARE C"L- SINGE 1968 WWW.GRUMLIBNANDGItUMLl814.GOM March 8, 2019 Scott Kreeger, Project Engineer 2019 Edison Filtration Plant Roof Reconstruction Via email to: . C,C,is gl'.C.,.50.0 .berl.din4QY Scott: It is our pleasure to offer this proposal for professional design work for the reconstruction of the aging roof at the Edison Filtration Plant in South Bend. We have visited the site and we have become familiar with the general condition of the existing low -slope roofs over the twin filtration pools. We have studied the 1994 building plans from Cole Assoc, provided by the City. And we have reviewed the roof inspection report from 2017 from Slatile Roofing & Sheet Metal. We are in agreement the existing steel truss roof system is severely corroded and needs a complete replace- ment. The surface -applied foam insulation roofing above the corrugated roof deck is also severely deteriorated and must be replaced After careful consideration of three primary replacement structural roof systems (Wood, Concrete and Steel) and many hours of research, we now believe the proper solution is to design a new, low -slope, replacement steel truss roof system, with new roof deck insulation and a new membrane covering. The new structural steel trusses, beam, deck and fasteners must all be hot -dip galvanized to minimize future potential corrosion from the hypochlorite vapors within the twin filtration rooms. Working with structural engineer, Paul Fujawa, PE, of Paul Fujawa Engineers, and Roland A Klockow, PE of Rhein Bach Inc. we offer this basic scope of services to perform necessary architectural, structural and me- chanical/electrical design services: Field -verify and develop As -Found CAD Floor plan drawings of the Filtration Plant. Our primary fo- cus will be on the twin, flanking filtration rooms, and not the central corridor or operations rooms. Meet with key personnel of water department to clarify intentions, and then develop schematic layouts of the project for review an acceptance by the City. Design new structural roof systems, new roof coverings and related accessories, new HVAC duct- work and ventilation design, and new electrical lighting design, in the twin filtration rooms. Develop bidding documents and specifications for the project. Prepare a pre -construction cost estimate of proposed work as eventually designed. Conduct one public bidding process (with a single pre -bid meeting and assistance with bidder questions), review bids received, and prepare bid -tabulation and recommendation for contract award. Monitor contractor construction activities, prepare periodic site visits reports, review pay applica- tions and requests for modifications. Appendices Page 2 EJCDC E-500 Agreement Between owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. CRUMUSH AND CRUMLISH ARCHITECTS, INC. A SQUARE DEALT" SINGE 1968 We have taken the liberty of developing the attached 'Pre -Design Estimate of Probable Construction Cost for the project so that we could establish our work scope. This is our free suggestion of potential expected con- struction costs, based on our early preliminary investigations. Based on this pre -construction cost estimate and the scope of professional design services noted above, our total design fee for this project is $24,000. We do not expect the proposed modifications to affect life safety and exiting situations within the building and therefore it is unlikely any IN DHS State Plan Review will be necessary before local building permits can be is- sued. If this is later determined to be a requirement, we reserve the right to amend our fee proposal as addi- tional building documentation may ultimately be required by IN DHS. The building also pre -dates in IN Energy Code and therefore we believe it is not subject to any US Dept of En- ergy ComCheck energy certification for the new roof. Any additional services beyond those listed above will be charged at our office standard rates of $125/hr for Professional Staff (licensed/registered) and $75/hr for Technical Staff. Any reimbursable expenses for such items as plan review fees, blueprint shipping, etc will be charged at cost. All local travel expenses are included and we have no expectation for any out-pf-town travel expenses. With our current workload of design and construction documents for existing projects and clients, we can fore- cast our availability to start the field-measuring/CAD layouts and design work on or after April 1, 2019. We could have schematic designs completed for review and acceptance about 4 weeks later. Construction docu- ments could then be ready for prospective Bidders another 6 weeks after that. Depending on bidding and award procedures, actual construction might begin in early Summer 2019. Since we can't forecast contractor schedules due to summer labor needs and possible project staging, the construction work may or may not be completed by the end of 2019. We carry full insurance for professional liability, workers' compensation and general business operations and we can provide an insurance certificate for your records. If you have any questions, please don't hesitate to contact me. We look forward to serving the City of South Bend! Sincerely, Brendan Crumlish, NCARB, CCS, RA, RID, LEED GA President, and IN Licensed Architect 870155 crumiish and cruml!sh architects, Inc. has been serving the South Bend construction community with pride and achievement since 1968. www.crumlishandcrumlish.com Appendices Page 3 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date Aril 15 2019 Department Public Name Scott Kreeger Works BPW Date Aril 221,019 Phone Extension 9245 Req a i.r Prior to Submittal to Bo _ . and BPW Attorney ® Attorney Name Clara McDaniels Dept. Attorney E] Attorney Name Purchasing Michael^ Schmidt Check the Appropriate Item Type -- Z Professional Services Agreement 0 Contract Open Market Contract ❑ Amendment/Addendum Bid Opening ❑ Bid Award Ej Quote Opening ❑ Quote Award ❑ Proposal Opening ❑ C/O & PCA No. E] Chg. Order, No. ❑ Traffic Control Other: Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Information All Submissions Proposal LJ Special Purchase, QPA ❑ Req. to Advertise Reject Bids/Quotes PCA (] Resolution Ease./Encroach ❑ Title Sheet Crumlish Architects, Inc. Yes 8If Yes, h roved AP by Purchasing . . . . . ............ No WBECompleted E-Verify Form Attached Nos 2019 Edison Filtration Plant Roof Replacement 119-014 Engineering Professional Services 622-0640-415.42-02....._ ......... $24,000 Hourly NTE Contract agreement between Crumlish and the City designing a roof for the Edison filtration plant For Cana e Orders Only...�... $ Amount of Increase � �......... ��..�����... � � ..��.�.�.. .... ��._._ .......� m, � .��......�.... 7' Decrease ($ ) Previous Amount $ ......Increase...............�.�.. Current Percent of Change: Decrease ( /o New Amount $ ....Increase �.. �........._..........................�......_%�_ Total Percent of Change: Decrease Time Extension Amount: New Completion Date: