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HomeMy WebLinkAboutPSA - Preparation of 2020 Dam Safety Surveillance and Monitoring Report for FERC- Christopher B. Burke Engineering, LLC'a,Sy r 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND_ INDIANA 46601-1 Ran ,a 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARDU LIC WORKS December 19, 2019 Mr. Jon D. Stolz Christopher B. Burke Engineering, LLC 220 West Colfax Ave., Suite 500 South Bend, IN 46601 RE: Professional Services Agreement Dear Mr. Stolz: PHONE 574/235-9251 FAx 574/235-9171 The Board of Public Works, at its meeting held on December 19, 2019, approved the above referenced agreement for the preparation of 2020 dam safety surveillance and monitoring report for FERC in the amount of $5,000. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235-9251. Sincerely, Linda M. Martin, Clerk Enclosure GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as off, December`1 9, 2AI9:°� � � . % : ("Effective Date") between Board of Public Works "itof South Bend Indiana ("Owner") and Christopher B. Burke Engineering, l,L!C CBBEL("Engineer"). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: South Bend Darn — Darn Safetv Surveillance and Monitoring Report ("Project") Engineer's Services under this Agreement are generally identified as follows: SEE ATTACHED ENGINEER'S SCOPE OF SERVICES — ATTACHMENT A 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 Paragraphs 7.01 and 7.02. B. Engineer shall complete its services within a reasonable time, or within the following specific time period: 1. Complete Data Gathering and Review — Within 3 weeks of Notice to Proceed 2. Gate Operation Certification — Within 3 weeks of Owner operating gates 3. Complete Site Observation and Evaluation — Within 4 weeks of Notice to Proceed 4. Complete Draft DSSMR Report — Within 6 weeks of completing site observation 5. Complete Final DSSMR Report — Within 2 weeks of receiving comments from Owner This schedule is contingent upon weather conditions and Engineer receiving information from Owner in a timely manner. Page 1 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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 . , tt icy Illy 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 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 3.01.A. Lb. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.0I I.A. La 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. 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. 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 4.013 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 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 Page 3 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright D 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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. 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 documents 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 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. 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 Page 4 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. Ali rights reserved. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner: Engineer: City of South Bend, Indiana Christopher B. Burke Engineering, LLC Board of Public Works 4G. �xBY� � By: Title: Gilot, resident Title: Jtr ). Stolz, Managing r e Preslctlelit By: Title: GCnev" ve E. MiflerMember By: Title: Elizabeth A. Maradik, Member By: Title: There J By: A& Title: u,ra L.-O'Sullivan, Member Attest: '7.,Nz. ,. ✓ �..cm,wi. Title: inda Martin, Clerk Date: / --:k Date: December 16, 2019 Engineer License or Firm's Certificate No. State of: Indiana 45-3940525 Address for giving notices: Address for giving notices: 227 West Jefferson Boulevard 220 West Colfax Avenue, Suite 500 South Bend, Indiana 46601 South Bend, IN 46601 Designated Representative (Paragraph 8.03.A): Designated Representative (Paragraph 8.03.A): Kara M. Boyles, Ph.D., P.E. Jason J. Durr, P.E. Title: City Engineer Title: Director„ Northern Indiana Phone Number: 574 235-5933 Phone Number: (574) 282-8001 Facsimile Number: (574) 235-9171 Facsimile Number: (574)282-8003 E-Mail Address: kbo E-MaAddress: cttbl-In rall,o Page 6 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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. 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 —Hourly Rates Plus Reimbursable Expenses A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1. 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 for all services performed on the Project, plus reimbursable expenses and Engineer's consultants' charges, if any. 2. Engineer's Standard Hourly Rates are attached as Appendix 1. 3. The total hourly compensation for services and reimbursable expenses is not to exceed and is estimated to be $5,000. 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 1. Attachments: Appendix 1, Engineer's Standard Hourly Rates Page 5 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Co yright 0 2008 National Society of Professional Engineers for EJCDC. All A ghts reserved. '� � IIJN)�Cluiwr ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE This is Appendix 1, Engineer's Standard Hourly Rates, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services dated , Engineer'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: Personnel Hr EngineerVI......................................................................................................................................216 EngineerV........................................................................................................................................197 Engineer IV... ........... ...... - ....... ., .. ..., ..... ..-. - .,,....,..172 EngineerIII..,........ ........................... . ........ ......... ......... .... ......144 EngineerI/II................... ..................... _„, ...................... .........113 Resource Planner V ........ . ......... ...... ... .......... ......... ....._.... ......... 160 Resource Planner IV.,..,,,.. ......„ ......... .................. ....................... 150 Resource Planner III ,_.,.... ........ ......... ......... . . ....... ....... ............ -130 Resource Planner I/II ................ ...,,...., ................... ..-- ,..,......105 Engineering Technician IV ., ..,,... ......, .. ..»..,. ......,.155 Engineering Technician III .......... ..,.. ................. ..... --139 Engineering Technician 1/1I .,,,...., -- ..,---105 CAD11..... ....... .................. . ........ ......... ......... ............ 130 CAD1- ..... ... ............... .......... ,....,. ............. ............. GIS Specialist III,, ................................. ....... .........139 GIS Specialist I/1I.......... ........ ... ....... .......... ......... ,, .......100 Environmental Resource Specialist V..........................................................................................151 Environmental Resource Specialist IV....... ........ ..... .......... ......-139 Appendix 1, Standard Hourly Rates Schedule 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 Environmental Resource Specialist III........................................................................................125 Environmental Resource Specialist I/11......................................................................................105 Environmental Resource Technician............................................................................................. 99 Administrative.................................................................................................................................... 75 Engineering Intern ,...w,,.„ ............... .. .... .........60 Information Technician I/II ......,. .. .................... ......... ...,..., ...,75 Direct Cogs Outside Copies, Blueprints, Messenger, Delivery Services, Mileage ...... Cost + 12% Appendix 1, 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. Paee 2 B1JRKE Christopher B. Burke Engineering, LLC 220 West Colfax Avenue Suite 500 South Bend, IN 46601 574.282.8001 cbbel-in.com ATTACHMENT A The South Bend Dam (License No. 7569) is a low -head, run -of -the -river dam on the St. Joseph River near downtown South Bend. The Federal Energy Regulatory Commission (FERC) requires that a Dam Safety Surveillance and Monitoring Report (DSSMR) be completed annually to review instrumentation and monitoring data to determine if potential failure modes are developing. It is our understanding that the City of South Bend is interested in having Burke complete the 2020 DSSMR. The scope of work will include the following tasks: Task 1— Data Gathering and Review: Burke will review pertinent information regarding the dam necessary to complete the DSSMR which may include previous DSSMR reports and other information contained in either the City's or IDNR's file for the dam. At a minimum, it is expected that the City will provide the following to Burke: 1. Dam Safety Surveillance and Monitoring Plan (DSSMP) for the South Bend Dam 2. Potential Failure Mode Analysis (PFMA) documentation 3. Data from the last year for the two staff gages located along the East Race Task 2 — Evaluation of Upstream and Downstream Conditions: Burke will perform a cursory desktop and visual evaluation to determine if there have been observable changes in upstream or downstream conditions that may affect the determination that no reasonably foreseeable emergency at the dam would endanger life, health or property. This evaluation is expected to include a review of publicly -available aerial photography and observations at the site only and specifically excludes dam failure flood inundation mapping. It is our understanding that this evaluation is required to maintain an exemption from filing an emergency action plan. Task 3 — Site Observation: Burke will perform visual observations of safely accessible portions of the dam and appurtenant structures. Since the South Bend Dam is an in -channel structure, much of the dam and its appurtenances are not readily accessible for visual observation. Burke's observations will be focused on potential dam safety concerns and to make a determination if the dam appears safe for continued operation. Site work specifically excludes an underwater inspection since it is on a 10-year schedule and was completed in 2017. This task also specifically excludes a bathymetric survey. Task 4 — Report Writing: Burke will prepare a brief written DSSMR in accordance with FERC guidance outlined in Chapter 14 of Engineering Guideknes for the Evaluation of Hydropoiver Projects. The level of detail and content of the report is expected to be similar to the 2019 DSSMR. Task 5 — Project Management and Administration: This task is associated with management and administration of the project throughout its duration. Burke expects one meeting with City staff after completion of the DSSMR to discuss findings. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 12/17/2019 Name Sue Ellen Doudrick _ .... ............ Department Eng. BPW Date 12/19/2019 Phone Extension 5922 .. .................. _... �__ Required Prior to Submittal to Board BPW Attorney ® Attorney Name Clara McDaniels Dept. Attorney Attorney Name Purchasing ® Michael Schmidt Check the App ropriate Item T ZProfessional Services Agreement ❑ Contract Open Market Contract F Amendment/Addendum Bid Opening E] Bid Award Quote Opening Quote Award ❑ Proposal Opening ❑ C/O & PCA No. ❑ Chg. Order, No. ❑ Traffic Control Other: "l eauired Information All Proposal Special Purchase, QPA Req. to Advertise ❑ Reject Bids/Quotes PCA Resolution F-1 _..... Ease./Encroach ..... ❑ Title Sheet Company or Vendor Name Christopher B. Burke Engineering, LLC E] YesFJ If Yes, Approved by Purchasing New Vendor Z No MBE/WBE Contractor ❑ MBE Completed E-Verify Form Attached Yes No Project Name South Bend Dam 2020 DSSMR Project Number ............. 119-112 Funding Source � ................... Professional En ineerirvices Account No. 101.0602.431.31.06 Amount $5,000 Terms of Contract HNTE Purpose/Description .........._ _..._.......................................................... ....__. Preparation of 2020 Dam Safety Surveillance and Monitoring Report (DSSMR) for the South Bend Dam due to Federal Energy Regulatory Commission (FERC) yearly For Change Orders Only �. Amount of Increase $ Decrease ($ Previous Amount $-....... Current Percent of Change: New Amount M Increase % Decrease ( % Increase % Total Percent of Change: Decrease (wwwwww w www% Time Extension Amount: New Completion Date:....__....__.........._.