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HomeMy WebLinkAboutPSA -Traffic Engineering On-Call Services – American Structurepoint, Inc.r 1316 COUNTY —CITY BUILDING � „ 227 W. JEFFERSON BOULEVARD PEA r SOUTH BEND. INDIANA 46601-1 930 C" , r bM CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARDF PUBLIC WORKS Mr. Ryan Huebschman American Structurepoint, Inc. 9025 River Rd., Suite 200 Indianapolis, IN 46240 RE: Professional Services Agreement Dear Mr. Huebschman: 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 traffic engineering on -call services in the amount not to exceed $45,000. 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. Enclosure Sincerely, Linda M. Martin, Clerk December 19, 2019 GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU DocuSign Envelope ID: 77B598F4-5295-42E1-AA15-693F9F957272 ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of Date") between Board of Public Works City of South Bend Indiana ("Owner") and ("Engineer") ("Effective Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: 11 -111 Traffic Engineering On Ca:1:I ("Project"). Engineer's Services under this Agreement are generally identified as follows: 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: NA 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 NA 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. Page 1 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services rah eers for EJCDC. All is reserved. ..........._.................. .................Coy ' t 2008 National Society of Professional EnginmmITITITmmmm nph DocuSign Envelope ID: 77B598F4-5295-42E1-AA15-693F9F957272 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. If Ownef fails to make any F SeFW Seb W.. he As e "efeme"Hhe . d&) 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. n t 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 3.0LA. l.b. 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. 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. „ ... Page 2 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional EngRineers for EJCDC. All rights reserved. DocuSign Envelope ID: 77B598F4-5295-42E1-AA15-693F9F957272 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 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 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. DocuSign Envelope ID: 77B59BF4-5295-42E1-AA15-693F9F957272 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 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 ik& 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. Page 4 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services C:opyri ht n 3008 National Society of Professional Fngineers for EJCDC.mmAllmn hts reserved. DocuSign Envelope ID: 77B598F4-5295-42E1-AA15-693F9F957272 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 —Time and Materials A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1. On a time and materials basis with an agreed maximum cost of $45,000.00 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 1. Attachments: Appendix 1, Engineer's Standard Hourly Rates Page 5 EJCDC E-500 Agreement Between Owner and Engineer For Professional Services . .....................Coyriht ©2008 National Society of Professional Engineers for EJCDC All rights reserved. DocuSign Envelope ID: 7713598F4-5295-42E1-AA15-693F9F957272 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 Board of l"t1b ic Works Atncri , &Wy W int, Inc. C• �A.bi. SG�tmcun.� f `�i� � I �f. By: By: Title: Gary A. Gilot, President Title: 1 g „ anu�iicN�rro�aar�, Project Manager By: Title: Genevi ve E. Miller,IMember By: iA k_ Title: 1'1i;_a etli A. MaraMk„ Member By: �. Title: ]flcs°r . ° J. D ratz Haub s� By: Title: L, Ira L. O'Sullivan, crn6er y ,t Attest: Title: nda Martm, Clerk Date: �� r 12/13/2019 �-�• �, Date: Engineer License or Firm's Certificate No. State of: Indiana Address for giving notices: Address for giving notices: 227 West Jefferson Boulevard 9025 River Road, Suite 200 South Bend, Indiana 46601 Indiana olis Indiana 46240 Designated Representative (Paragraph 8.03.A): Designated Representative (Paragraph 8.03.A): Kara M. Boyles, Ph.D., P.E. Ran Huesbchman, PE, PTOE Title: Ci Engineer Title: Project Manager Phone Number: 574 235-5933 Phone Number: 317 547-5580 Facsimile Number: 574 235-9171 Facsimile Number: 317 543-0270 E-Mail Address: Nfkro<:r 1 s eJ'fsotrtl�l cradia�. Gov E-Mail Address: r~hucbschman(g),strucutr•c oint. in 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. DocuSign Envelope ID: 77B598F4-5295-42E1-AA15-693F9F957272 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: Project Manager $ 200.14/hour Senior Engineer 155.21/hour Project Engineer 125.56/hour Staff Engineer 89.59/hour Senior Technician 118.46/hour Technician 72.07/hour Direct Expenses At Cost Subconsultants Cost +5% 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 DocuSign Envelope ID: 77B598F4-5295-42E1-AA15-693F9F957272 AMERICAN STRUCTUREPOINT INC. December 13, 2019 Alicia Czarnecki City of South Bend 227 West Jefferson Boulevard, Suite 1300 South Bend, Indiana 46601 205 WEST JEFFERSON BOULEVARD, SUITE 404 SOUTH BEND, INDIANA 46601 TEL 574,287.2231 FAx 574.289,7105 Re: Fee Proposal for Traffic Engineering On -Call Services 2020 (119-111) Dear Alicia: Thank you for giving American Structurepoint, Inc. the opportunity to provide you with our proposal for on -call traffic engineering services within the City of South Bend, Indiana. The professional traffic engineering services to be provided under this contract may include, but are not limited to, the following items: A. In -field signal timing reviews to address issues raised by the Owner due to proposed changes, MOT/detour routes, or citizen concerns. B. Traffic signal timing development and/or retiming of any signal or signal systems within the city. C. Special event traffic signal timing for large scale events (includes sporting events, concerts, or festivals). D. Maintain and update Citywide Synchro model with timing changes performed by the "Consultant" as well as any provided by the Owner. Consultant will provide portions of the models to the Owner for distribution to outside parties as requested. E. Development of a Traffic Signal Retiming Priority Matrix F. Provide benefit cost analyses of "before" and "after" results of traffic signal retiming efforts. G. Maintain and update central signal system database (Aries, Centracs, etc.) with changes performed by the Consultant as well as any provided by the Owner. Consultant will be able to review existing database as requested by the Owner to determine anticipated signal system operation. H. Traffic signal design development as well as review of signal design performed by others for the Owner, specifically timing development and clearance calculations as performed by others. I. Assist Owner with advanced traffic operations needs such as controller, central system upgrades, and traffic responsive or adaptive signal system implementations. J. Provide assistance to the Owner by helping to implement recommendations (timing, geometry, etc.) and provide technology review when upgrading or making decisions on new technology. K. Coordinate traffic data collection (includes intersection turning movement counts, daily traffic counts, and pedestrian counts). DocuSign Envelope ID: 77B598F4-5295-42E1-AA15-693F9F957272 Ms. Alicia Czarnecki December 13, 2019 Page 2 L. Traffic studies for signals, signs, or markings (including but not limited to left -turn arrow analyses, traffic signal warrant analyses, one-way street analyses, and on -street parking studies). M. Review of traffic studies prepared by others. N. Evaluate intersection design alternatives, identify project priority, and determine potential for phased implementation. O. Assistance to Owner in training Owner's staff to operate and maintain project equipment and systems. PROJECT SCHEDULE The proposed schedule for all tasks assigned under this contract shall be negotiated by the Consultant and the Owner prior to beginning work. COMPENSATION This project is to be conducted on a time and materials basis. The agreed maximum cost is $45,000. In the event that additional services are needed, additional compensation will be determined using the following rates. Additional services will only proceed with prior written approval from the Owner. Classification Hourly Rate Project Manager $200.14 Senior Engineer $155.21 Project Engineer $125.56 Staff Engineer _ $89.59 www Senior Technician $118.46 Technician $72.07 Direct Expenses At Cost Subconsultants Cost + 5% If the assumptions made in the scope of services relative to extent of work are found to change, you will be notified in writing and a new (extra or reduced) fee will be presented. However, we recognize that it may not always be possible to provide written changes, as the City may need to request an immediate change or additional services, and the administrative delays could be detrimental and costly to the project. In such case, requests for additional services will be invoiced on a time and materials basis. SUPPLEMENTAL SERVICES The fees listed above represent the total scope of services as we understand it at this time. We do not anticipate the need for the following services, but we are available to provide them for a supplemental fee if such a need should arise: A. Survey, roadway design, or right-of-way services related to traffic signal design services provided as part of the Basic Services described above. B. Services resulting from significant changes in the scope, extent, or character of the portions of the project designed or specified by Consultant 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 Consultant's control. 2019.02931 DocuSign Envelope ID: 77B598F4-5295-42E1-AA15-693F9F957272 Ms. Alicia Czarnecki December 13, 2019 Page 3 C. Services required as a result of Owner's providing incomplete or incorrect project information to Consultant. D. Providing renderings or models for Owner's use. E. Furnishing services of Consultants for other than Basic Services. F. Providing construction surveys and staking to enable Contractor to perform its work, and any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. G. Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor. H. Providing assistance in responding to the presence of any constituent of concern at the site, in compliance with current laws and regulations. I. Preparing record drawings showing appropriate record information based on project annotated record documents received from Contractor, and furnishing such record drawings to Owner. J. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration, or other dispute resolution process related to the project. K. Providing more extensive services required to enable Consultant to issue notices or certifications requested by Owner. L. Assistance in connection with the adjusting of project equipment and systems. The services listed above represent the total scope of services as we understand them at this time. If the terms and conditions of this proposal meet with your approval, please sign the attached EJCDC agreement and return it to our office. We will consider this our notice to proceed. We greatly appreciate this opportunity and look forward to working with you on this project. If you have any questions, please feel free to contact our office. Very truly yours, American Structurepoint, Inc. CC 4�" /fir C. Ryan Huebschman, PE, PTOE Project Manager CRH:aml Attachments 2019.02931 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 12/10/19 Name Alicia Czarnecki Department Engineering ............... BPW Date 12/19/19 Phone Extension 5903 - L . . ....... .e r�ard Prior to Submittal to Board BPW Attorney Attorney Name Dept. Attorney 0 Attorney Name Purchasing El Check the Appropriate ltepj�FjlLc - z �. edf6r All Submissions Professional Services Agreement F-I contract .. &c� [J Proposal [] Open Market Contract El Amendment/Addendum [:J Special Purchase, QPA F-1 Bid Opening [:] Bid Award El Req. to Advertise El Title Sheet 0 Quote Opening E] Quote Award E] Reject Bids/Quotes F-1 Proposal Opening C/O & PCA No. E] PCA F-1 Chg. Order, No. F-1 Traffic Control ❑ Resolution F-1 Other: Ease./Encroach Reauired Information Company or Vendor Name American Stru��,fttrc jit)jnt ........................ ......... ........... ............... Yes[:] If Yes, Approved by Purchasing New Vendor F-1 No [:] Y es ElCompleted MBE/WBE Contractor E-Verify Form Attached WBE o F] N Project Name Traffic E.-ij g neering..' On ' Call .................. Project Number 119-111 Funding Source Engineering, Professional Services / L.RSA Professional Services ... ............... Account No. 101-0602-431-31-06 / 251-0608-431.31-06 Amount $45,000.00 Terms of Contract ......................... ..... NTE Purpose/Description —Traffic "Engjneerjng On Call Services Amount of ❑ increase $ ----------------------- Decrease ($ Previous Amount .............................. $ - - — ------------ - ---------- Increase % Current Percent of Change: ..... .......... Decrease %) . . . ..... ................... -- ............ New Amount . ............ $ . .............. ...............------ — ------------------------- Increase % Total Percent of Change: ....... ..... Decrease %) .......... Time Extension Amount: .... ....................... New Comnletion Date: ................ ......... ...