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HomeMy WebLinkAboutAppropriating $18,000.00 Bureau of Water Budget of the Water Works General Fund Design of Additional Water StorageORDINANCE NO. 7001 -81 Passed by the Common Council of the City of South Bend, Indiana November 23, x981 IIRR)ENE K. GAMMON "-' / / n_ Presented by me to the Mayor of the City of South Bend, Approved and signed by Nov mb r 24, x9 81 Clerk of Common Council IRENE K. GAMMON a s ,,. el Clerk ORDINANCE NO. 700 1-o/ AN ORDINANCE APPROPRIATING $18,000.00 TO ACCOUNT 260, CONTRACTUAL SERVICES, WITHIN THE BUREAU OF WATER BUDGET OF THE WATER WORKS GENERAL FUND FOR THE DESIGN OF AD- DITIONAL WATER STORAGE AT THE EDISON PLANT AND APPROVING THE AWARD OF A CONTRACT FOR SAID DESIGN BETWEEN THE BOARD OF WATER WORKS COMMISSIONERS AND MCDONOUGH ENGINEER- ING, INC. STATEMENT OF PURPOSE AND INTENT: Monies are now needed to fund the award of a contract to McDonough Engineering, Inc., for the design of additional water storage at the Edison Plant. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. That the contract between the Board of Water Works Commissioners and McDonough Engineering, Inc., to design additional water storage at the Edison Plant is hereby approved. SECTION II. The sum of $18,000.00 is hereby appropriated to Account 260, Contractual Services, within the Bureau of Water Budget of the Water Works General Fund to engage the services of McDonough Engineering, Inc., 120 W. LaSalle Street, South Bend, Indiana. SECTION III. effect from and after proval by the Mayor. 1st READING I i —� — b PUBLIC HEARING \ \ —a 3— 2, 2nd READING \ _� 3 NOT APPROVED REFERRED PASSED It- a3_8'I This ordinance shall be in full force and its passage by the Common Council and ap- Member of the Common Council FIFA M I.ERK'K OFIXE NOV 4 1981 Irene Gammon CRY CLERK, SDUIN BEND. IND. CITY OF SOUTH BEND, INDIANA CONTRACT FOR PROFESSIONAL SERVICES FOR DESIGN OF ADDITIONAL WATER STORAGE AT EDISON PLANT This agreement entered into this /Gt4_) day of OCt?;,'ttci 1981, by and between the City of South Bend acting through its Board of water Works Commissioners hereinafter referred to as Owner and McDONOUGH ENGINEERING, INC. 120 West LaSalle Street South Bend, Indiana 46601 Consulting engineer authorized to do business in the State of Indiana, hereinafter referred to as Engineer. WITNESSETH, that WHEREAS, The City proposes to install additional water storage facilities consisting of a 0.45 million gallon reser- voir and related work at the Edison Plant, hereinafter refer- red to as the "Project "; and WHEREAS, the Engineer is able and desirous of performing such professional services as may be required by the Owner upon the terms and conditions hereinafter provided: NOW, THEREFORE, The parties hereto do mutually agree as follows: I. SCOPE OF SERVICES The Engineer shall perform and carry out in a satisfac- tory manner (as determined by the Board of Water Works Commissioners acting by and through the Director of Utilities or his designated representative), the following services relating to the "Project ". A. Preliminary Design Details The Engineer will consult with the Owner on the type of reservoir to be constructed and its location to related facilities, and aesthetics; and upon receiv- ing concurrence of the Owner, proceed with the final design. 1 B. Plans and Specifications C E F It The Engineer will design the reservoir and re- lated work in accordance with current AWWA speci- fications and good engineering practices, and pro- vide the Owner with plans and specifications that can be used for bidding purposes. Bid Documents The Engineer will prepare the necessary bid docu- ments and assist the Owner in the opening of bids and award of contract. Field Layout The Engineer will provide the Contractor with suf- ficient information to provide for the correct location of the reservoir on the property. Soils Information Information on soil borings at the reservoir site will be used as a basis of design of the reservoir, footings and slabs. If additional soil borings are necessary for design purposes, they will be obtained and paid for under Item IV B. Utilities The Owner will provide the Engineer with informa- tion on the size, depth and location of sanitary and storm sewers, water mains and other utilities in the vicinity of the project. Conferences The Engineer shall attend such conferences with representatives of the Owner and other interested agencies as may be required in connection with the work. The Engineer shall also assign a project engineer qualified to act, in a liaison capacity, and to be available at all times, on matters per- tinent to the project. E H. Services During Construction The Engineer will review and approve all shop draw- ings submitted for the project. The Engineer will make periodic visits to the site to inspect and determine that the work is being performed in con- formance with the plans and specifications. I. Resident Inspection The Engineer will provide resident inspection on this project upon receipt of notice to provide such services. J. Additional Services of the Engineer When authorized in writing by the Owner the Engineer will furnish or obtain from others additional pro- fessional services which may be required, such as soil borings. II. NOTICE TO PROCEED The Engineer shall commence work on the project upon receipt of an executed contract for this work. III. TIME SCHEDULE Upon receipt of an executed contract, the Engineer is prepared to commence work on this project and expedi- tiously pursue it to completion. The preliminary design details will be completed within 30 days. Within 60 days after receipt of approval of preliminary design details the final plans and specifications and bidding documents will be completed. IV. COMPENSATION The Owner shall pay and the Engineer shall accept as full compensation for services contained in this agree- ment the following: A. For the performance of the work described in Part I. A through H the Engineer shall be paid a lump sum of $16,000. 3 B. For any additional soils investigations which during the development of the project are con- sidered necessary by the Owner, the negotiated cost of an agreement with a soils firm and as approved by the Owner. C. For additional services and resident inspection during construction, the Engineer shall be paid the direct labor costs of the personnel assigned plus indirect costs of 1.75 times the direct costs. (The attached Appendix A sets forth the ranges of hourly rates for professional, tech- nical and clerical employees of the Engineer as may be applicable to this project.) If extra- ordinary expenses are incurred by the Engineer, they shall be directly reimbursed if authorized by the Owner. D. Method of Payment The Engineer shall submit to the Owner once each month a Progress Report and invoice for amount or percentage of the work performed in the pre- vious month. The fee payable upon completion of the design work shall be eighty -five percent (85%) of the total fee. The review of shop drawings, and general administration services shall constitute the remaining fifteen percent (15%) of the fee. V. NON - DISCRIMINATION The Engineer agrees that in performing under this Contract he shall not discriminate against any worker, employee or applicant, or any member of the public, because of race, creed, color, or national origin nor otherwise commit an unfair labor practice. The Engineer further agrees that this clause will be in- corporated in all Contracts entered into with sup- pliers of materials or services, contractors and sub- contractors and all labor organizations furnishing skilled, unskilled and craft union skilled labor, or who may perform any such labor or services in con- nection with this Contract. 4 VI. COMPLIANCE WITH LAWS The Engineer shall at all times observe and comply with all laws, ordinances and regulations of the federal, state, local and City government, which may in any manner affect the performance of the Contract. VII. CONFLICT OF INTEREST No member of the governing body of the City or other unit of government and no other officer, employee, or agent of the City or other unit of government who exercises any functions or responsibilities in con- nection with the carrying out of the project to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. The Engineer covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the project to which this Contract pertains which would conflict in any manner or de- gree with the performance of his services hereunder. The Engineer further covenants that in the perfor- mance of this Contract no person having any such interest shall be employed. VIII.INSURANCE The Engineer will purchase and maintain during the life of this Contract insurance coverage which will satisfactorily insure him against claims and lia- bilities which could arise because of the execution of this Contract. The insurance coverages provided are as follows: A. Workmen's Compensation insurance covering the Engineer for any and all claims which may arise against the Engineer because of the Indiana Work- men's Compensation Act. The Employer's Liability Section of the Workmen's Compensation policy shall have a limit of not less than $100,000.00. B. Comprehensive General Liability insurance pro- tecting the Engineer against any and all Public Liability claims which may arise in the course of performance of this Contract. The limits of lia- bility Bodily Injury coverage will be not less than $250,000.00 per person, including death, and $500,000.00 per occurrence. The Property Damage limits of liability shall not be less than $250,000.00 per occurrence with an aggregate of not less than $500,000.00. 5 C. Comprehensive Automobile - Liability Insurance, including Employers Non - Ownership and Hired Car Coverage protecting the Engineer against Auto- mobile claims whether on or off the Owner's premises with Bodily Injury limits of not less than $250,000.00 per person and $500,000.00 per occurrence and Property Damage limits of not less than $100,000.00 per occurrence. D. Professional Liability insurance covering the Engineer against all sums which the Engineer may become obligated to pay by reason of the lia- bility imposed upon the Engineer by law for damage resulting from any claim made against the Engineer arising out of the performance of the professional services for the Owner under this Contract, in the capacity as Engineer and caused by any error, omission, or act of the Engineer, or any others for whose actions the Engineer is legally liable. This professional liability insurance will remain in force if generally available at substantially the same premium rates as those now in effect, for a period of not less than four years after the completion of this Contract. The limit of lia- bility of this insurance will be not less than the lesser of $500,000.00 or the total estimated con- struction cost of the projects assigned to the Engineer pursuant to this Contract with a deduct- ible of not more than $25,000.00. E. Valuable papers insurance in an amount not less than the total design fee to be paid by the Owner under this Contract to insure against any loss whatsoever which could damage or destroy records, papers, maps, statistics, survey notes, etc., relevant to this Contract, and this insurance will have limits sufficient to pay for the re- creation, re- establishment, or restoration of these valuable papers. F. The Comprehensive General Liability, Contractual Liability or Professional Liability coverages, or any combination thereof, will also protect the Engineer in at least the same limits of lia- bility against claims which may arise because of the indemnity or contractural agreement contained within this Contract. 2 G. If requested by the Owner, the Engineer will furnish copies of Certificates of Insurance evidencing coverages as stated above issued by an insurance company authorized to do business under the laws of the State of Indiana. Fur- ther, no cancellation, or modification of the policy or policies described above shall occur without at least fifteen (15) days prior written notice given to the Owner. IX. INDEMNITY The Engineer will indemnify, keep and save harmless the Owner, its agents, officials and employees, against all suits or claims that may be based on any injury to persons or property that is the result of an error, omission or negligent act of the Engineer or any person employed by the Engineer. X. CHANGES AND AMENDMENTS The Owner may, from time to time, request changes in the scope of services of the Engineer to be performed hereunder. Such changes, including any increase or decrease in the amount of the Engineer's compensation, which are mutually agreed upon by and between the Owner and the Engineer, shall be incorporated in writ- ten amendments to this Contract. Such amendments shall not be effective until approved by the Board of Water Works Commissioners, and by the Engineer. XI. DELAYS AND EXTENSIONS The Engineer agrees that no charges or claims for damages shall be made by him for any delays or hin- drances from any cause whatsoever during the process of any portion of the services specified in this Contract. Such delays or hindrances, if any, shall be compensated for by an extension of time for such reasonable period as may be mutually agreed upon between the parties, it being understood, however, that the permitting of the Engineer to proceed to complete their services or any part of them after the date to which the time of completion may have been extended, shall in no way operate as a waiver on the part of the Owner of any of its rights herein. 7 XII. OWNERSHIP OF DOCUMENTS All documents, including tracings, data, studies and reports as instruments of service are to be the property of the Owner. During the performance of the engineering services herein provided for, the Engineer shall be responsible for any loss or damage to the documents herein enumerated while they are in his possession and any such document lost or damaged shall be restored at the expense of the Engineer. Full access to the work during the preparation of the plans shall be available to the Owner and other public agencies interested in this work. XIII. TERMINATION FOR DEFAULT If, through any cause, the Engineer shall default in performance of this Contract in accordance with its terms and has failed to cure such default within thirty (30) days after receipt of a notice specify- ing such default, the Owner may terminate this Con- tract. In such event, all finished or unfinished documents, data, studies and reports prepared by the Engineer under this Contract shall, at the option of the Owner, become its property. If the Contract is so terminated, the Owner may take over the work and services and prosecute same to completion by con- tract or otherwise, and the Engineer shall be liable to the Owner for any excess costs occasioned by the Owner thereby. Any such excess costs shall be liquidated by use of the retained percentages of progress payments due for work completed prior to termination for default. If such retained funds are not sufficient to liquidate such liability, the Owner shall make a written demand upon the Engineer for the unwritten liquidated balance thereof. In case the Owner shall act under the last preceding paragraph, the Engineer shall deliver to the Owner within twenty (20) days all finished or unfinished documents, data, studies, and reports prepared by the Engineer under this Contract. In the event of the failure by the Engineer to make such delivery upon demand, then and in that event, the Engineer shall pay to the Owner any damages it may sustain by reason thereof. N XIV. TERMINATION FOR CONVENIENCE The Owner may terminate this Contract, or any portion of service to be performed herein, at any time by notice in writing from the Owner to the Engineer, or if sufficient funds have not been appropriated to cover the estimated requirement. If the Contract is terminated by the Owner as provided herein, the Engineer shall deliver to the Owner all finished or unfinished documents, data, studies, and reports pre- pared by the Engineer under this Contract and these shall be and become the property of the Owner. Pay- ment for the work performed before the effective date of such termination shall be based upon an estimate of services actually performed by the Engineer to the date of termination. Such estimate shall be mutually agreed upon by the Owner and the Engineer. Such pay- ment so made to the Engineer shall be in full settle- ment for services rendered under this Contract. If this Contract is terminated due to the fault of the Engineer, the previous section hereof relative to termination shall apply. XV. NOTICE Notice as provided herein shall be transmitted to the Board of water Works Commissioners, County -City Building, South Bend, Indiana 46601 or to McDonough Engineering, Inc., 120 West LaSalle, Suite 800, South Bend, Indiana 46601 as may be applicable, by first class prepaid mail. Any notice to the Engineer shall be deemed received when mailed. XVI. COOPERATION BY THE CITY The Owner shall furnish the Engineer all records, maps, reports, plans and specifications pertinent to this work. City personnel shall be available at reasonable times mutually agreed upon to provide background infor- mation to the Engineer and to accompany and assist him on inspection of existing facilities pertinent to this work as may be required. 0 L.J4)Zl4.a.L..) r�,goC o IN WITNESS WHEREOF, the Board of i arc —Werka and the Engineer have executed this agreement as of the date written above. lucCtu' uj&'LL , BOARD OF CITY OF SOUTH BEND, INDIANA Attest: .Lel@Q &,MC Iel I, �l pfk McDONOUGH ENGINEERING, INCORPORATED Engineering Consultants J mes J. McDonough, Pr ident 10 HOURLY RATE RANGE CLASSIFICATION CHIEF ENGINEER PROJECT MANAGER PROJECT ENGINEER ENGINEER ASSISTANT ENGINEER JUNIOR ENGINEER TECHNICIAN DRAFTSMAN JR. DRAFTSMAN CLERICAL APPENDIX "A" CONSULTANT'S REGULAR STAFF FROM TO $20.00 15.00 13.00 10.00 9.20 8.60 7.00 6.40 6.15 5.35 $30.00 22.00 18.00 13.75 12.00 11.00 12.65 9.35 7.70 7.70 SOUTH BEND PUBLIC UTILITIES 224 North Main Street P.O. Box 1714 MICHAEL L. VANCE Director of Utilities Members of the Council Common Council City of South Bend Dear Council Members: CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 November 3, 1981 219/2849322 There will be presented at first reading of the November 9, 1981 Council Meeting an ordinance approving a contract between the Board of Water Works Commissioners and the firm of McDonough Engineering, Inc., and appropriating the sum of $18,000 to contractual services to fund the above mentioned contract. McDonough Engineering, Inc. is being hired to design improvements at the Edison iron removal plant generally referred to as Phase II of that plant renovation. Basically the work entailed in this project revolves around the expansion of the size of the clear well from 50,000 gallons to 450,000 gallons. When completed the expanded clear well will provide greater water storage which will allow for longer backwashing periods of the filters, and constant water flow. Currently the smaller wet well causes shortened filter backwash runs and a great amount of turbu- lence in the City which will not allow rust to settle out. As I previously stated, it is anticipated that Phase I and II when completed will allow the stopping of adding polyphosphates to suspend rust. It is estimated by the engineer that this expansion will cost approximately $200,000. The design work will be done in such a fashion that it may be used at the Pinhook iron removal plant if desired in the future. If you have questions, please feel free to contact my office. '� Sincerely,7� \ V�.. V Q.'.� Michael L. Vance Director of Utilities MLV /mtw cc: John L. Leszczynski TommilMrr Irpar# Gala toe Toummu Touuril of iar T Uj of 001d4 Tkub: Your Committee OF THE WHOLE to whom was referred BILL NO. 127 -81 PUBLIC HEARING A BILL APPROPRIATING $18,000.00 TO ACCOUNT 260, CONTRACTUAL SERVICES, WITHIN THE BUREAU OF WATER BUDGET OF THE WATER WORKS GENERAL FUND FOR THE DESIGN OF ADDITIONAL WATER STORAGE AT THE EDISON PLANT AND APPROVING THE AWARD OF A CONTRACT FOR SAID DESIGN BETWEEN THE BOARD OF WATER WORKS COMMISSIONERS AND MCDONOUGH ENGINEERING, INC. Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE. JOHN VOORDE Chairman ,..% ..... '..L ..MIN. CO.