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HomeMy WebLinkAboutPSA - 2021-2025 Water Capital Improvement Plan Updates – Arcadis U.S., Inc.1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS November 24, 2020 Ms. Amy Smitley, PE Arcadis U.S., Inc. 150 W. Market Street, Suite 728 Indianapolis, IN 46204 amy. smitleykarcadis. com RE: Professional Services Agreement Dear Ms. Smitley: PHoNE 574/235-9251 FAx 574/235-9171 The Board of Public Works, at its meeting held on November 24, 2020, approved the above referenced agreement for the 2021-2025 Water Capital Improvement Plan updates and rate case support in an amount, not to exceed $49,000. 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, s/Linda M. Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR EJCDC..l ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of November 24, 2020 ("Effective Date") between Board of Public Works, City of South Bend, Indiana ("Owner") and Arcadis U.S., Inc. ("Engineer"). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: 2021-2025 Water CIP Update and Rate Case Support ("Project"). Engineer's Services under this Agreement are generally identified as follows: Update the previously developed Water CIP by Arcadis for the City's upcoming rate case. 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: Task I will be completed within 6 weeks of receiving required information from the City. Timeframe for Task 2 will be dependent on the rate case schedule and input from the City. 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 39 35 days of receipt. if Ovffier- fails te make any paymet4 &e Engineer- fef- sefviees and expenses within days after- r-eeeipt of Engineer's invoiee, then the ameupAs due Engineef will be iner-eased at the Page 1 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright C 2008 National Society of Professional Engineers for EJCDC. All rights reserved. Fate of 0 ,; per- mont4i (or- die maxinium rate of interest peMitted by law, if less) fFOfH Said thk4ieth day. 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. Payments • illbe er-editedfirst to interest and then to " „^' 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 I.A. Lb. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.0I.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 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. Page 2 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright C 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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 parry to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor 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 parry. 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 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 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. 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 $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. 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. Page 4 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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 compensation for services and reimbursable expenses is estimated to be $49,000. 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 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: Engineer: City of South Bend, Indiana BOARD OF PUBLIC WORKS Arcades U.S., c. By: I V A Title: Am E. itley, ice Pre ident Gary —A. .Gilot, President Elizabeth A. Maradik, Member Jordan V. Gathers, Member Joseph R. Molnar, Member ATTEST: ' 'irzhr GP4v771z Linda M. Marlin, Clerk Date: November 24, 2020 Date: I/a'V h Engineer License or Firm's Certificate No. State of Address for giving notices: Address for giving notices: 227 West Jefferson Boulevard 150 West Market Street, Suite 728 South Bend, Indiana 46628 Indianapolis, IN 46204 Designated Representative (Paragraph 8.03.A): Designated Representative (Paragraph 8.03.A): Kara M. Boyles, Ph.D., P.E. Amy E. Smitley, P.E. Title: City Engineer Phone Number: (574) 235-5933 Title: Vice President Phone Number: E-Mail Address: kboyles@southbendin.gov E-Mail Address: (317)236-2844 AMy.Smitley@arcadis.com Page 6 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. EJCDC- 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 11/24/2020 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: Design Tech II/Field Technician II 71 Drafter I/Field Technician III and IV 110 Drafter II/Field Technician V 120 Document Tech 100 Project Assistant I and II 134 CADD Designer /Field Supervisor 160 Engineer/Scientist 130 Staff Engineer/Scientist/Architect 150 Project Engineer/ Scientist/Architect 160 Senior Engineer/ Scientist/Architect 1 170 Senior Engineer/Scientist/Architect II 185 Principal Engineer/Scientist/Architect 1 240 Principal Engineer/Scientist/Architect II 265 Engineer/Scientist Director 290 All rates presented apply to services rendered after January 1, 2019 and will be adjusted annually thereafter. 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. Page 1 This is Exhibit A, Scope of Basic Engineering Services, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services dated 11/24/, 020 . Scope of Basic Engineering Services For the City of South Bend (City), changes in the economy have led to a downturn in both demands and revenue over recent years, which has limited the City's ability to implement a number of needed upgrades and improvements to the treatment facilities and distribution system, resulting in increased operational and reliability challenges. As a result, the City is preparing to submit a request to the Indiana Utility Regulatory Commission (IURC) to again increase its water rates, as planned following the 2017 rate increase. We understand that the City is working with Baker Tilly for financial assistance, and the City desires to work with Arcadis to provide assistance associated with confirming and updating the Capital Improvement Plan (CIP), which is the focus of this project. Arcadis will provide the following scope of services. Task 1— Capital Improvement Plan • Participate in a kick-off meeting (via Teams) with the City to review project goals and objectives, confirm our approach and format to be provided for the CIP list and ensure it matches that required for Baker Tilly, review information obtained and additional information needs, schedule the City staff interviews, and to review the overall project schedule. At the City's discretion, Baker Tilly will also attend the meeting. Review the previous CIP and rate case documentation to identify completed or ongoing projects, and projects not yet complete. Work with the City to confirm scope of completed or ongoing projects along with actual versus projected spend. Completed projects with their confirmed scope and spend will be removed from the CIP and summarized separately. Ongoing projects (scheduled to go into 2021 or beyond) and their projected spend will remain in the 2021-2025 CIP as scheduled. Summarize the completed CIP projects in a table by facility for further review. Conduct interviews with key City staff to review list of remaining projects and identify additional needs to ensure all major capital needs for the next 5 years are included. Assumes up to five two-hour calls to discuss additional needs associated with the three filtration plants and associated well fields, remaining plants and well fields, tank and booster stations, distribution (e.g., main replacement), and other needs (e.g., administrative, planning, etc.) Obtain feedback from City staff on projects that are critical within the 5- year period. Consider results of recent Risk & Resiliency Assessment and forthcoming Lead and Copper Rule revisions. Determine historical costs available to support costs for identified project needs. Prepare an updated 5-year CIP for all identified needs summarized in a table that will include the project, location, description, duration, and cost estimate. Develop and/or update AACE Class 5 opinions of probable construction cost for all identified capital projects. Prepare a second 5-year CIP for prioritized needs based on anticipated funding, to be provide by the City. Projects will be prioritized based on information available and the City's input. If desired, a more detailed, quantitative prioritization approach (e.g., selection Exhibit A, Scope of Basic Engineering 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. Page 1 of decision criteria and assigned weights through a pairwise comparison) could be developed and applied to the priority projects in collaboration with the City in Task 2. • Participate in two progress meetings (via Teams) to review the projects, cost estimates, prioritization and any questions or concerns. Obtain feedback from the City and develop final CIP tables, one for all needs and one for prioritized needs. Deliverables: • Draft and final table identifying projects completed since previous CIP • Draft and final 5-year CIP table, with all needs identified in next 5-year period • Draft and final 5-year CIP table, with prioritized needs based on available funds per City Task 2 — As -Needed Support Under this task, Arcadis will provide services to further support documentation and responses for the upcoming rate case. Services may include, but are not limited to, the following: • Prepare detailed business cases for the prioritized projects for use in the City's rate case. • Prepare written and supporting documentation to respond to any requests from the Indiana Utility Regulatory Commission (IURC) or the Indiana Office of Utility Consumer Counselor (OUCC) related to the development of the CIP for the ongoing rate case. Coordinate closely with the City and Baker Tilly staff as responses are developed. • Prepare presentation materials and participate in up to two in -person meetings with the City Council to present the CIP recommendations in coordination with the City staff. • Conduct a brainstorm workshop with key City staff to select decision criteria and assign weights through a pairwise comparison exercise. Example criteria include: public health, water quality, customer service, resiliency, reliability, complexity, maintenance, staffing, cost, sustainability, and alignment with strategic plans. Assign scores to each prioritized project for each selected criteria to develop an overall project score. • Develop a PowerBI dashboard to track projected versus actual spend by project and year for the prioritized CIP and/or to adjust project scores as needs may change over time. Budget Estimated task budgets are indicated below. Task Description Budget Total 1 Capital Improvement Plan $25,000 2 As -Needed Support $24,000 TOTAL $49,000 Exhibit A, Scope of Basic Engineering 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. Page 2 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 11/9/2020 Name Becca Plantz Department Public Works BPW Date 11/24/2020 Phone Extension 5998 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer ❑ Officer Name Michael Patton BPW Attorney ❑ Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the ADDronriate Item Tvne — Clara McDaniels All Submissions M Professional Services Agreement ❑ Contract ❑ Proposal ❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes ❑ Proposal Opening ❑ C/O & PCA No. ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution n Other: n Ease./Encroach Company or Vendor Name Arcadis U.S., Inc. New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Information YesU If Yes, Approved by Purchasing No ❑ WBE Completed E-Verify Form Attached ❑❑ Nos 2021-2025 Water CIP Updates 120-058 Water Works Professional Services PR-00005358 $49,000.00 Hourlv NTE Engineering services associated with confirming and updating the 2021-2025 Capital Improvement Plan (CIP). For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount Current Percent of Change New Amount Total Percent of Change: Time Extension Amount: New Completion Date: Increase Decrease Increase Decrease