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HomeMy WebLinkAboutAgreement - Technical Assistance to Update Spreadsheet - Greeley and Hansen, LLC.1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND_ INDIANA46601-1930 SOUTHCITY OF BEND PETE BUTTIGIEG, MAYOR BOARD ' OF PUBLIC November 26, 2019 Mr. Andrew Martin Greeley and Hansen, LLC 100 South Wacker Dr., Suite 1400 Chicago, IL 60606-4004 RE: Agreement Dear Mr. Martin: PHONE 574/235-9251 FAX 574/235-9171 The Board of Public Works, at its meeting held on November 26, 2019, approved the above referenced agreement for technical assistance to update the combined sewer overflow monthly report of operations spreadsheet in the amount of $9,900. 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. G1LOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU Attachments: Exhibit A, Scope of Services and Exhibit B, Estimated Level of Effort IN WITNESS WHEREOF, the parties hereto Effective Date oI wll I it dicated on page 1. boaVW OWNER: of w h By: AV r Title: Date Signed: � .. �.. have executed this A 'e t'nent, the ENI G tNL1 By - Title: Member Date Signed: k O , 1 % Address for giving notices: Address for giving notices: Ms. Andrea Alexander 3113 Riverside Drive South Bend Indiana 46628 Mr. Andrew J. Martin, P.E., ENV SP 100 South Wacker Drive Suite 1400 Chicago, Illinois 60606-4004 EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Prnfessional Services. Copyright 92009 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 7 Agreement for Professional Engineering Service between City of South Bend, Indiana and Greeley and Hansen LLC October 2019 The purpose of this project is to update the City's Combined Sewer Overflow (CSO) Monthly Report of Operation (MRO) form. This form will be used by the City to report monthly CSOs observed in the collection system to the Indiana Department of Environmental Management (IDEM). CSO Event. Rgpo giM Revise rainfall, overflow volume and duration calculations such that when a rainfall event is carried over to the next day, the results should report as single event in the spreadsheet summarizing overflow volume and duration on the first day of the event instead of splitting into two different events. This change will occur for all the months in the CSO MRO spreadsheet. 2. CSO 045: Update CSO 045 overflow volume and overflow duration calculations to use weir level instead of switching to rainfall data in the CSO MRO spreadsheet. 3. Overflow Events Table: Update the table to display only one overflow event on the first day whenever there is a rainfall event that gets carried over to the next day. This change will occur for all the months in the CSO MRO spreadsheet. 4. Miscellaneous Items: • CSO Reporting (Page 11): Update the table on page 11 to include the formula for the first day of the month so it can display precipitation occurred whenever there is a rainfall event. • CSO Reporting (Summary page): Update the text in summary page to read events instead of days. • CSO 045 Overflow Summary: Update CSO 045 formula to display correct overflow volume, overflow events and overflow duration in the table. CSO MRO Testing: Use May through September 2019 rainfall data and meter data for CSOs 003, 006, 022, 037, and 045 which will be provided by the City for testing the updated CSO MRO spreadsheet for accuracy. Provide a clean version of the spreadsheet after successful testing. CITY OF SOUTH BEND, INDIANA 2019 CSO MRO ASSISTANCE Exhibit B Estimated Level of Effort Greeley and Hansen October 2019 Task 1 - CSO Event Reporting 0 40 40 $6,200 Task 2 - CSO 045 0 2 2 $300 Task 3 - Overflow Events Table 0, 69CJ0 Task 4 - Miscellaneous Items 2 2,,,,,,,, $390 Task 6 - CSO MRO Testing 2 12 1 A �2u�OC9�, Greeley and Hansen Hours Total 2 62 64 Cost Total $397 $9„56T $g,900 r/ Ex-B CSO MRO Cost.xlsx B-1 When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit. CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON-DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS (Must be completed for all quotes and bids. Please type or print) STATE OF i-��✓�� ) SS: COUNTY ) The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: 1. Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: i. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or i. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in Non -Collusion Non -Debarment Affidavit Non Iran Form 2016 the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify Program is included and attached as part of this bid/quote; and 5. Contractor shall require his/her/its subcontractors performing work under this public contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify Program. The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend, and understands that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for, a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. 7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. Non -Collusion Non -Debarment Affidavit Non Iran Form 2016 Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. I, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). I hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products made in the United States on this project if awarded. I understand I have an affirmative duty to notify the City in my bid that my proposal does not include the use of steel products or foundry products made in the United States. I understand it is my sole obligation and responsibility to provide a justification to the City, subject to review and approval, why the cost of United States made steel or foundry products is unreasonable. Prior to award and upon submission of bid which does not use steel products or foundry products made in the United States, the City, through its director of public works, shall make a determination if the price of United States made steel or foundry is unreasonable. I understand that violations hereunder may result in forfeiture of contractual payments. I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for public works are true and correct. Dated this P Z day of AJ bV" , 20 11 BART E SHAMBAUGH Notary Public - Seal Hendricks County - State of Indiana Commission Number NP0722897 My Commission Expires Oct 8, 2027 Cotiti°actor/flid er (Firm) Sigiuft1 rc of 'Ontract:or/13jddciI or Its Agent Printed Name and Title Subscribed and sworn to before me this i day of , 20 tol My Commission Expires Notary Public County of Residence Non -Collusion Non -Debarment Affidavit Non Iran Form 2016 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 11/18/19 Department Utilities - Name Andrea AlexanderWastewater ....... _ ......... ..w_..�..............�............................. BPW Date 11/26/19 Meetin Phone Extension 5813 WNW emu wu�u mmmwamowm�ommmomwwmmmom ....... ......._.. ............ —...._ ............... R Uired Prior to Submittal to Board _mm BPW Attorney _ ® Attorney Name Clara Daniels Dept. Attorney F-1 Attorney Name __.__W ...................... Purchasing 1:1w___w.... Check the Itemlyp l _gjr,irc j� All Submissions M Professional Services Agreement E] Contract ❑ Open Market Contract n Amendment/Addendum Bid Opening E] Bid Award 0 Quote Opening F-I Quote Award E] Proposal Opening F-1 C/O & PCA No. Chg. Order, No. [-� Traffic Control Other: Information Company or Vendor Name Cireel and Flansen, LLC New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description J Proposal E] Special Purchase, QPA Req. to Advertise ❑ Reject Bids/Quotes PCA �] Resolution Ease./Encroach ❑ Title Sheei ICI Yeses If Yes, Approved by Purchasing ® No ❑ MBE ❑ Yes ❑ WBE ❑ No Combined Sewer Overflow (CSO) Monthly Report of Operations (MRO) Assistance �.Wastewater &M ..... ._._._._.�.�. 641-0630-793-6335 $9,900 Technical assistance to update sophisticated spreadsheet used for CSO Monthly Reporting f._W..._ ...... .. I For Change Orders Amount of Increase Decrease $ El($ _ j...._ ._............_ ._...������� �..... Previous Amount $........................................................... Increase % Current Percent of Change: Decrease New Amount $ Increase % Total Percent of Change: Decrease„mmm % Time Extension Amount: ___mmmmmmm New Completion Date SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of ("Effective Date") between BOARD OF PUBLIC WORKS, CITY OF SOUTH BEND, INDIANA ("Owner") and GREELEY AND HANSEN LLC ("Engineer"). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: 2019 Combined Sewer Overflow (CSO) Monthly Report of Operation (MRO) ASSISTANCE ("Project"). Engineer's Services under this Agreement are generally identified as follows: The scope of services is set forth in Exhibit A, attached hereto and made a part of this AGREEMENT. The estimated level of effort is set forth in Exhibit B, attached hereto and made a part of this AGREEMENT. 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 in this Agreement. If authorized by Owner, or if required because of changes in the Project, Engineer shall furnish services in addition to those set forth above. Owner shall pay Engineer for its services as set forth in Paragraph 7.01. B. Engineer shall complete its services within a reasonable time, or within the following specific time period: l#otll° weeks from the Effective Date of the A reetnent. 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 twelve (12) months. If the actual time to complete construction exceeds the number of months indicated, then 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. Faac 1 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 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 claims against Engineer for any such suspension. Payments will be credited first to interest and then to principal. 3.01 Termination A. The obligation to continue performance under this Agreement may be terminated: 1. For cause, a. By either party upon 30 days written notice in the event of substantial failure by the other parry to perform in accordance with the Agreement's terms through no fault of the terminating parry. Failure to pay Engineer for its services is a substantial failure to perform and a basis for termination. b. By Engineer: 1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional; or 2) upon seven days written notice Project are delayed for more Engineer's control. if the Engineer's services for the than 90 days for reasons beyond Engineer shall have no liability to Owner on account of a termination by Engineer under Paragraph 3.01.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, 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 parry has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for 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. Page 2 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 3.0l.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 services performed or furnished in accordance with this Agreement and all reimbursable expenses incurred through the effective date of termination. 4.01 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.13 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. 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. 1'see3 Subject to the foregoing standard of care, Engineer and its consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. B. Engineer shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. 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 Section 00 72 43, General Conditions from MasterFormat, 2004 edition, as prepared by the Construction Specification Institute (CSI) unless the parties agree otherwise. G. All reports, schedules, drawings, specifications and other products of services of Engineer for this project are instruments of service for this project only and shall remain the property of Engineer until the owner has compensated Engineer in full for services rendered pursuant to the agreement. Upon final payment for each phase of Basic Services and for each separately accepted and authorized proposal for additional services, ownership of the products or instruments of service for said phase or additional services authorized shall be vested in the owner. Engineer, however, may retain record copies of all such instruments of service and may use such for Engineer's exclusive purposes. 1. The Engineer's instruments of service have been prepared for very specific purposes and the degree of accuracy and detail of the instruments of service are consistent with those purposes but they may not be useful for other 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. Page 4 purposes. Furthermore, misapplication of the Engineer's instruments of service can cause occurrences that potentially have life/safety and financial consequences. The Engineer's instruments of service are not intended or represented to be suitable for use by the Owner or by others acting for the Owner for other purposes on this project or on extensions of this project or on any other project without written verification, adaptation or completion by Engineer and, when applicable, associated compensation to Engineer. 2. Any changes or modifications to the instruments of service of Engineer which are introduced by anyone other than Engineer may have adverse consequences. Therefore, the change or modification of Engineer's instruments of service by the Owner or by others acting for the Owner shall be at the Owner 's sole risk and the Owner agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless Engineer from all claims, damages, and expenses, including attorney's fees, arising out of such change or modification. Use of the instruments of service of Engineer on extensions of this project, or on any other project by the Owner or by others acting for the Owner, without verification or adaptation by Engineer and appropriate compensation therefore, shall be at the Owner's sole risk and the Owner agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless Engineer from all claims, damages, and expenses, including attorney's fees, arising out of such use of Engineer's instruments of service for this project. 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 $50,000 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. 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. PaL,a 5 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. An amount not to exceed $9,9 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. 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. Pase 6