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HomeMy WebLinkAboutPSA - DLZ Indiana - Cleveland South Well Field Bulk Flouride Tank Replacementr f 1316 COUNTY —CITY BUILDING J� 227 W. JEFFERSON BOULEVARD "'I�sM'° SOUTH BEND. INDIANA 46601-1 930 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS October 22, 2019 Andrew Lemberis DLZ Indiana, LLC 2211 E. Jefferson Blvd. South Bend, IN 46601 RE: Professional Services Agreement Dear Mr. Lemberis: PHONE 574/235-9251 FAx 574/235-9171 The Board of Public Works, at its meeting held on October 22, 2019, approved the above referenced agreement regarding the Cleveland South Well Field bulk fluoride tank replacement in the amount of $8,800. 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 GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU iibra i E J D x ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of October 22, 2019 ("Effective Date") between Board of Public Works, City of"Soutli Bend, Indiana, ("Owner") and DLZ, Indiana L.LC, 2211 l,ast.lelf rson Blvd. South Bend Indiana 4661 ("Engineer") Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: Cleveland South Well Field Bulk Fluoride J' nk Replacement ("Project") Engineer's Services under this Agreement are generally identified as follows: The Project includes the preparation of construction documents for upgrading the existing chemical feed building. The Engineer will prepare plans to replace the existing bulk fluoride tank, fluoride transfer pump, and associated piping with the building. The existing fiberglass fluoride storage tank will be replaced with a polyethylene tank of the same volume, that is 1,000 gallons. The new tank will sit on a mat on the floor in the southwest corner of the building. The chemical transfer pump(s) will be replaced with pump(s) of the same design parameters as the existing pump. The new pump will be provided with a momentary push button start. Owner and Engineer further agree as follows: 1.01 Basic Agreement and Period of Service A. Engineer shall provide, or cause to be provided, the services set forth herein and in Appendix 1. 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. Owner shall provide the Engineer with all criteria and full information as to Owner's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations; and furnish copies of all 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. design and construction standards which Owner will require to be included in the Drawings and Specifications; and furnish copies of Owner's standard forms, conditions, and related documents for Engineer to include in the Bidding Documents, when applicable. C. Engineer shall complete its services within a reasonable time, or within the following specific time period: 60 days from the Effective Date. D. 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 6 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. r t Ow,,,,s... �, m . u. , 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. h ,.4.��� fit•1. 3.01 Termination A. The obligation to continue performance under this Agreement may be terminated: 1. For cause, a. By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement's terms through no fault of the terminating party. Failure to pay Engineer for its services is a substantial failure to perform and a basis for termination. b. By Engineer: 1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional; or 2) upon seven days written notice if the Engineer's services for the Project are delayed for more than 90 days for reasons beyond Engineer's control. Engineer shall have no liability to Owner on account of a termination by Engineer under Paragraph 3.0I.A.l .b. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.01.A.1.a if the party receiving such notice begins, Page 2 ........ EJCDC E-500 Agreement Between Owner and Engineer for Professional Services 2008 National Society of Professional Engineers for VJCDr, All rights reserved Copyright L .__.... _......._ .............._........................................... 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. 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 4.0l .B 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 party. 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 Page 3 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright OO 2008 National Society of Professional Engineers for EJCDC. All rights reserved. furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. B. Engineer shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. C. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located. D. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in accordance with the contract between Owner and such contractor. Engineer is not responsible for variations between actual construction bids or costs and Engineer's opinions or estimates regarding construction costs. E. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any of their agents or employees or of any other persons (except Engineer's own employees) at the Project site or otherwise furnishing or performing any construction work; or for any decision made regarding the construction contract requirements, or any application, interpretation, or clarification of the construction contract other than those made by Engineer. F. The general conditions for any construction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents Committee (EJCDC C-700, 2007 Edition) unless the parties agree otherwise. G. The Owner acknowledges the Engineer'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 Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; (2) any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and consultants; (3) Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not create any rights in third parties. 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 Engineer. 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 Page 4 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright n 200R National Society of Professional Engineers for EJCDC. All rights reserved. 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 $ 000 or the total amount of compensation received by Engineer, whichever is greater. I. The parties acknowledge that Engineer's scope of services does not include any services related to a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous substances or waste as defined by the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq., or radioactive materials). If Engineer or any other party encounters a Hazardous Environmental Condition, Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until Owner: (1) retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. J. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. 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 —Lump Sum A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1. A Lump Sum amount of $8 00,00. 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 2. Attachments: Appendix 1, Engineer's Services Appendix 2, Engineer's Standard Hourly Rates 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner: City of South Bend, Indiana Board of Public Works By.� Title: ^ bar A Gtlot, President By: Title: l v , Member By_...... ��������........m......m....................... _...._._. Title: Elizabeth A. Maradik, Member By:. Title: Thera J D rau„ f' cnlbet By... Title: [,.aura L. O'Sullivan, Member r Title t da Martin, Clerk Engineer: DLZ Indiana, LLC By: — Title: Andrew C. Lemberis, P.E., Vice President Date: 0 I" ' Date: !b _0 t Address for giving notices: 227 West Jefferson Boulevard South Bend, Indiana 46601 Designated Representative (Paragraph 8.03.A): Engineer License or Firm's Certificate No. r u l 008g2 State of: Indiana Address for giving notices: 2211 East Jefferson Blvd. South Bend Designated Representative (Paragraph 8.03.A): Mara M. Btrylcs„ 11r,I , 1'.E. Andrew C. Lemberis, P.E, Title: City Engineer Phone Number: (574) 235-5933 Facsimile Number: (574) 235-9171 Title: Vice President Phone Number: (574) 236-4400 Facsimile Number: E-Mail Address: kligy1a � er�E-Mail Address: alemberis adlz.com Page 6 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Co rijht © 2008 National Societe of Professional Engineers for EJCDC. ,ill rip, its reserved.. This is Appendix 1, consisting of 12 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated October 22, 2019. Engineer's Services Article 1 of the Agreement is supplemented to include the following agreement of the parties. Engineer shall provide Basic and Additional Services as set forth below. PART 1— BASIC SERVICES A1.01 Design Phase A. Engineer shall: 1. Conduct one (1) meeting with the Owner regarding the design phase of the project. 2. Prepare draft design documents for the replacement of the fluoride storage tank, fluoride chemical transfer pump, and control panel for the chemical transfer pump. Piping and valving replacement is limited to the minimum required to install the new equipment. a. Develop suggested general construction sequencing parameter that will serve as a guideline for the Contractor during construction. The Contractor will be required to develop the actual construction sequence. b. Provide requirements for temporary controls in the plans and specifications to protect the chemical feed building from freezing conditions during construction. c. Prepare demolition plans and specifications for the removal of the existing fluoride tank, transfer pump and associated piping that are to be replaced. Selective demolition and replacement of the building knock- out wall and secondary containment wall within the building will be necessary for tank replacement. 3. Design document deliverables: a. Construction drawings (11" x 17"), and b. Technical specifications provided in CSI MasterFormat (46 Divisions). Appendix 1, Engineer's Services EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 4. Based on the information contained in the draft design documents, prepare a budgetary construction cost. 5. Furnish one (1) digital PDF copy of the draft design documents to the Owner within 30 calendar days of notice to proceed and review them with Owner. Within 14 calendar days of receipt, Owner shall submit to Engineer any comments regarding the draft design documents. Revise the design documents in response to Owner's comments, as appropriate, and furnish to Owner one (1) digital PDF copy of the revised design documents and budgetary construction cost within 14 calendar days after receipt of Owner's comments. PART 2 — ADDITIONAL SERVICES A2.01 Additional Services Requiring Owner's Written Authorization A. If authorized in writing by Owner, Engineer shall furnish or obtain from others Additional Services of the types listed below. 1. Inclusion of the following design elements: a. Concrete floor repair, b. Coating or painting, c. Selective demolition/replacement of the emergency shower/eyewash, unit heater(s), electrical conduit and wiring, d. Replacement of the fluoride day tank and associated scale, and e. Chemical storage, transfer and/or feed instrumentation and controls. 2. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. 3. Preparation of permit applications. 4. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner or others. Appendix 1, Engineer's Services EJCDC E-520 Short Farm of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 5. Services resulting from significant changes in the scope, extent, or character of the portions of the Project designed or specified by Engineer or its design requirements including, but not limited to, changes in size, complexity, Owner's schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date or are due to any other causes beyond Engineer's control. 6. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructability review requested by Owner; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other Bidding Documents as a result of such review processes. 7. Quote/Bidding Phase services. 8. Construction Administration and Construction Observation services. 9. Preparing Record Drawings showing appropriate record information based on Project annotated record documents received from Contractor and furnishing such Record Drawings to Owner. 10. Preparation of operation and maintenance manuals. Appendix 1, Engineer's Services EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. Pape 3 This is Appendix 2, consisting of 1 page, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated October 22, 2019. Engineer's Standard Hourly Rates A. Standard Hourly Rates: 1. Standard Hourly Rates are set forth in this Appendix 2 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: Activity Code 1 Employee Classification Principal HQurly Ra[e $230.00 49/49D Division Manager/Director $220.00 50 Department Manager $195.00 55/4 Registered Land Surveyor/Survey Coordinator $140.00 80/217 Senior Project Manager / Project Manager II $195.00 21/216 Project Manager 1 $180.00 341/340/556/557 Electrical/Mechanical/Structural Engineer VI $180.00 555/565/214 Engineer V/Architect V/Landscape Arch. V/Planner V/Scientist V/Geologist V/ Surveyor V $175.00 554/564 Engineer IV/Architect IV/Landscape Architect IV/Planner IV/Scientist IV/Geologist IV $170.00 53/58 Engineer III/Architect III/Landscape Architect III/Planner III/Scientist III/Geologist III $150.00 52/57 Engineer II/Architect II/Landscape Architect II/Planner II/Scientist II/Geologist II $137.50 51/56 Engineer I/Architect I/Landscape Architect I/Planner I/Scientist I/Geologist 1 $110.00 28 Designer 1 $102.50 472 Designer II $115.00 473 Designer III $132.50 29 Technician $80.00 147 152 43 Construction Observer Manager /Administrator Construction Observer Clerical $135.00 $107.50 $65.00 430 Office Services Coordinator $90.00 06 Intern $57.50 IN Appendix 2, Standard Hourly Rates Schedule EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. Pake I BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 10/15/2019 Name Becca Department Public Works BPW Date 10/22/19 Phone Extension 5998 omommomumammmmmmamrrawmararm remmronmm quir d'Prior to Submittal to Board _. _.._.........._.. ... BPW At m...____ ..... _ _...... torney ® Attorney Name Clara McDaniels Dept. Attorney ❑ Attorney Name Purchasing Check the AppropriaCe Item Thew �r t� Professional Services Agreement ❑I Contract El Open Market Contract R Amendment/Addendum Bid Opening E] Bid Award E Quote Opening El Quote Award [:1 Proposal Opening R C/O & PCA No. El 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 All L Proposal ❑ Special Purchase, QPA E] Req. to Advertise Reject Bids/Quotes PCA Resolution Ease./Encroach DLZ hidiana, LLC .... Yes[:] If Yes, Approved by Purchasing ® No ❑ MBE Completed E-Verify Form Attached WBE Cleveland South Well Field Bulk Fluoride Tank I 118-021B .�.�.............................wwww ,,,.�......_. .... Riverwest TIF 324-1050-460.42 02 $8,800....0 Lump Sum ❑ Title Sheet Yes ❑ No acement The preparation ofconstruction documents for rernoyina and re laciri , the existing bulk fluoride tanks. .�m ...... ..--... For Change Orders Only Amount of ❑ Increase $ _................ _._.. __ .._. El Decrease Previous Amount $ m �_... ....._W...__w� aa..._._..._.....N.........�.._ Increase % Current Percent of Change: Decrease m__ _ ................. .......... ( %o)wwwwww New Amount $ .. ............................ w ............ ............... Increase �._............... .._........... % Total Percent of Change: Decrease /o Time Extension Amount: New Completion Date: ................... _.�._�_ w.........�..�.�...�.�..............�_