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HomeMy WebLinkAboutProfessional Services Agreement - Arcadis1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS July 12, 2016 Ms. Amy E. Smitley Arcadis U.S., Inc. Suite 600 132 East Washington St. Indianapolis, IN 46204 PHONE 574/235-9251 FAX 574/235-9171 RE: Professional Services Agreement - Assist in Compliance with Lead and Copper Rule and Capital Improvement Plan Dear Ms. Smitley: The Board of Public Works, at its meeting held on July 12, 2016, approved the above referenced agreement in the amount not to exceed $150,000.00. 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 DAVID P. RELOS ELIZABETH A. MAR ADIK JAMEs A. MUELLER THERESE J. DORAU SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of July 12, 2016 ("Effective Date") between the City of South Bend, Indiana, a municipal corporation organized and operating under the laws of the State of Indiana, acting by and through its Board of Public Works ("Owner") and ARCADIS U.S., Inc., a for -profit corporation chartered under the laws of the State of Delaware, licensed to do business in Indiana, having its principal place of business at 630 Plaza Drive, Highlands Ranch, Colorado 80129 and with offices at 132 East Washington Street, Suite 600, Indianapolis, Indiana 46204 ("Engineer"). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: Lead and Copper Rule and Capital Improvement Plan Assistance ("Project"). Engineer's Services under this Agreement are described in Exhibit A, attached hereto and incorporated herein. 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: Twelve (12) months from the Effective Date. 2.01 Payment Procedures A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. If Owner fails to make any payment due Engineer for services and expenses within 30 days after receipt of Engineer's invoice, then the amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth 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 claims against Engineer for any such suspension. Payments will be credited first to interest and then to principal. 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 3.01 Termination A. The obligation to continue performance under this Agreement maybe terminated: 1. For cause, a. By either party upon 30 days written notice in the event of substantial failure by the other parry to perform in accordance with the Agreement's terms through no fault of the terminating 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 3.0l.A. Lb. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.0I.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. C. In the event of any termination under Paragraph 3.01, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all reimbursable expenses incurred through the effective date of termination. 4.01 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.0 LB the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Engineers for EdCDC. All rights reserved. Page 2 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 famished 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 famished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. B. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located. C. All documents prepared or famished 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 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. Pane 3 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. D. 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. E. 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. F. 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 ofPayment—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 $150,000. 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; 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. Pane 4 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 Exhibit A, Scope of Basic Engineering Services IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner: City of South Bend, Indiana Board of Public Works By: "w� G%✓<L�IV Title: Gary A. Gilot, resident Title: l5avid P. Rellors, Membeber li By: / �/ Title: J es Mueller, M ber By: Title: Elizabeth A. MMara%diik, Member Title: J. Dor e erg Attest: (Therese � /� ( ��-cQ a_A_'��-+L.. Title: ` da Martin, Clerk Date: V /,2-/ ,go r(o Engineer: Arcadis U. , Inc. By: LN Title: Amy E. 'tley, Assoc to V' e President Date: 07/05/2016 Engineer License or Finn's Certificate No. PE 10200631 State of Indiana Address for giving notices: Address for giving notices: 227 West Jefferson Boulevard 132 East Washington Street, Suite 600 South Bend, Indiana 46601 Indianapolis, IN 46204 Designated Representative: Al Greek Title: Utilities Director Phone Number: (574) 271-4210 Designated Representative: Amy E. Smitley, PE Title: Associate Vice President Phone Number: 317-231-6500 E-Mail Address: agreek@southbendin.gov E-Mail Address: Amy.Smitley@arcadis.com 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. Paee 5 EJCDC.25. 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 July 12, 2016. 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: Category Rate ($/hours) Design Tech II/Field Technician II 71 Drafter I/Field Technician III and IV 84 Drafter II/Field Technician V 96 Document Tech 120 Project Assistant I and II 134 CADD Designer /Field Supervisor 184 Engineer/Scientist 125 Staff Engineer/Scientist/Architect 140 Project Engineer/ Scientist/Architect 150 Senior Engineer/ Scientist/Architect I 162 Senior Engineer/Scientist/Architect II 185 Principal Engineer/Scientist/Architect I 232 Principal Engineer/Scientist/Architect II 265 Engineer/Scientist Director 281 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 EXHIBIT A Scope of Basic Engineering Services The City of South Bend (City) desires to: (1) proactively position the City and its residents to be in compliance with the existing Lead and Copper Rule (LCR) as well as the upcoming Long -Term Lead and Copper Rule (LT-LCR) and (2) prioritize available capital funds. To support this, ARCADIS will provide services, which may include, but are not limited, to the following: • Project Kick -Off and Final Review o Participate in a kick-off workshop with the City to discuss goals and available information. o Prepare an initial information request related to ongoing LCR and capital planning activities. o Upon completion of the desired tasks, participate in a final review workshop with the City to review major findings and recommendations. • Public Education and Outreach Plan for Lead o Develop plan for: • Performing outreach to schools, daycares and other locations with vulnerable populations. • Communicating with the greater South Bend community. • Partnering with other organizations. • Providing public access to lead tap monitoring results. • Developing and updating education and outreach materials. o Develop education/outreach materials related to: Sources and health effects of lead in drinking water. • Testing for lead in drinking water. • LCR as a "shared responsibility". • Actions the City is taking to minimize lead. • Steps customers can take to minimize exposure. • Location of "potential" lead service lines. Lead service line replacement programs. o Coordinate with utility staff and others in communication with public. o Conduct up to two workshops to train staff to communicate with the public on lead related issues. o Includes one additional workshop and two conference calls. Desktop Evaluation of Corrosion Control Treatment and Water Quality Parameter Monitoring Program o Review historical lead and copper source and tap sampling data; finished and distribution system water quality data for key parameters; water quality parameter monitoring locations and frequencies; and current LCR corrosion control treatment strategy. o Analyze data and identify trends to assess effectiveness of the existing corrosion control treatment and monitoring program. o Identify recommendations for additional monitoring. Exhibit A, Scope of Basic Engineering Services Page 1 o Identify potential corrosion control treatment alternatives and perform desktop evaluation to assess treatment effectiveness, costs, and unintended consequences associated with each alternative. o Includes one in person workshop and two conference calls. • Lead Service Line Inventory o Review other utility practices related to lead service line inventories. o Obtain available information from the City on locations of lead service lines and type of ownership. o Develop procedures to further identify and document lead service lines. o Includes one in person workshop and two conference calls. • Lead Service Line Replacement o Review other utility practices related to lead service line replacement programs, procedures, policies, funding mechanisms and lessons learned. o Review City's existing service line repair insurance program including the policy and budgeted versus actual incurred costs. o Identify and evaluate potential funding mechanisms for replacing lead service lines. o Develop a new policy on lead service line replacement. o Develop procedures for: • Replacing lead service lines, including pre and post -replacement activities. • Conducting water main repairs where lead service lines are present. o Prioritize replacement of lead service lines, coordinating with other ongoing City projects, where possible, to minimize construction costs. o Develop a cost-effective program for the City and South Bend community including a 5- year capital plan with annual replacement targets. o Includes one in person workshop and two conference calls. • Capital Improvement Plan (CIP) Assistance o Review existing capital budget and other financial planning information. o Prioritize annual capital budget of $4M. o Assist with development of supporting documentation for ongoing rate case. o Includes one in person workshop and two conference calls. • Other support as requested by the City Services will be provided as requested by the City on an on -call, as -needed basis. Compensation for services performed in accordance with this agreement will be based on hours actually spent and expenses actually incurred, per the attached hourly rate schedule, not to exceed a total fee of $150,000. Acceptance of this proposal does not obligate the City to any portion of the maximum fee. The City will provide ARCADIS with written direction (via e-mail) prior to start of any work and ARCADIS agrees to notify the City of the anticipated level of effort for each request for assistance prior to initiating the work. Exhibit A, Scope of Basic Engineering Services Page 2 Date Name BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM 7-5-16 AI Greek Department Waterworks BPW Date 7-12-16 Phone Extension 4210 Required Prior to Submittal to Board Legal ® Attorney Name Michael Schmidt Controller review is required for all Contracts $5,000.00 or more Controller ® and greater than one year in length per the City Purchasing Policy Purchasing ® Roxanne Lawson Check the Appropriate Item Type — Required for Ail Submissions ® Agreement ❑ Contract ❑ Proposal ❑ Addendum ® Professional Services ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Chg Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease./Encroach. ❑ Traffic Control ❑ Resolution ❑ Other: El Claim Required Information Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Yes U It Yes, Approved by Purchasing No MBE Completed E-Verify Form Attached El Yes WBE ❑ No LCR and CIP Assistance On -Call Agreement Other Prof Services 620.0640.658.31.06 $ 150,000 Nj E one year the City and its residents to be in compliance with the existing Lead and Copper Rule (LCR) as well as the upcoming Long -Term Lead and For Change Orders Amount of Increase Decrease Previous Amount Current Percent of Change: New Amount Total Percent of Change: PO No. Dispersal After Approval Copy Original ❑ ❑ ❑ ❑ ❑ 7 Al Greek Director of Utilities City of South Bend 3113 Riverside Drive South Bend, IN 46628 Subject: Lead and Copper Rule and Capital Improvement Plan Assistance Agreement for Professional Services Dear Al: Enclosed are two signed copies of the agreement for professional services for the above referenced project. If the agreement is acceptable to the Board, please return one fully executed copy to me for our files. We look forward to working with you on this important project. Sincerely, Amy E. Si Associate Enclosures , PE President ^�D' ['� I OesiynRConsultancy K J Toraa"ssm d 6uiltassets Arcadis U.S., Inc. 132 E. Washington Street Suite 600 Indianapolis Indiana 46204 Tel 317 231 6500 Fax 317 231 6514 w .arcadis.com WATER Date: July 6, 2016 contact: Amy Smitley Phone: 317-236-2844 Email: amy.smitley@arcadis.com Our ref: 66003029.0031 Page: 1 /1