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HomeMy WebLinkAboutPSA - Lawson Fisher Associates - SB Dam Underwater Inspection & Bathymetric Survey1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 Q�SpUTg B�� 4, O yr Bence 1965 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS July 26, 2016 Ms. Piper C. Tittle Lawson -Fisher Associates, P.C. 525 W. Washington Ave South Bend, IN 46601 PHONE 574/235-9251 FAX 574/235-9171 RE: Professional Services Agreement — South Bend Dam Underwater Inspection and Bathymetric Survey Dear Ms. Tittle: The Board of Public Works, at its meeting held on July 26, 2016, approved the above referenced agreement in the amount not to exceed $16,600.00. 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. MARADIK JAMES A. MUELLER THERESE J. DORAU EJCDC ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of July 26, 2016 ("Effective Date") between Board of Public Works. City of South Bend, Indiana ("Owner") and Lawson -Fisher Associates P.C., 525 West Washington Avenue South Bend Indiana 46601 ("Engineer"). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: South Bend Dam Underwater Inspection and Bathymetric Survey ("Project"). Engineer's Services under this Agreement are generally identified as follows: Per the requirements of the Federal Energy Re ulatory Commission perform an underwater inspection both upstream and downstream of the South Bend Dam perform a bathymetric survey downstream of the dam, and prepare a report documenting the findings. 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: Project Schedule is located in Appendix 2. 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 N/A 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 Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2.01 Payment Procedures A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. Invoices are due and payable within 30 35 days of receipt. after reeeipt of Engineer's ilweiee, then !he affieunts due Engineer­ikill be iaereased at the rate of 1.0% per ffionth (E)f the ffiwiimum rate of interest pefffiitted by law, if less) from said thiilieth 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. . 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.A.l.b. 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. Page 2 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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 4.01.13 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 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 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 famish and perform its work in accordance with the contract between Owner EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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 famishing or performing any construction work; or for any decision made regarding the construction contract requirements, or any application, interpretation, or clarification of the construction contract other than those made by Engineer. F. The general conditions for any construction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents Committee (EJCDC C-700, 2007 Edition) unless the parties agree otherwise. G. All documents prepared or furnished by Engineer are instruments of service, and Engineer retains an ownership and property interest (including the copyright and the right of reuse) in such documents, whether or not the Project is completed. Owner shall have a limited license to use the documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment for all services relating to preparation of the documents and subject to the following limitations: (1) Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; (2) any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and consultants; (3) Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not create any rights in third parties. H. To the fullest extent permitted by law, Owner and Engineer (1) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project, and (2) agree that Engineer's total liability to Owner under this Agreement shall be limited to $50,000 or the total amount of compensation received by Engineer, whichever is greater. I. The parties acknowledge that Engineer's scope of services does not include any services related to a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous 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. EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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 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 not to exceed $16,600. 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 Appendix 2, Engineer's Detailed Scope of Work, and Man-hour Justification. 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: City of South Bend, Indiana Board of PubV Works By: C Title: Gary A. Gilot,, President By Title: IYvid . Pelos, Memb By: tau Title: Elizabeth A. Maradik, Member 9 Title: By: Jar>a'gs A. Mueller, Member Title: TheresdJ. Doran, Member Attest: / �[✓ �(, Title: a Martin, Clerk/ Date: Engineer: Lawson-Fis Associates P.C. By: Title: ipe C. Tittle, P.E., Vice President Date: Engineer License or Firm's Certificate No. 19700091 State of: Indiana Address for giving notices: Address for giving notices: 227 West Jefferson Boulevard 525 West Washington Avenue South Bend, Indiana 46601 South Bend, Indiana 46601 Designated Representative (Paragraph 8.03.A): Designated Representative (Paragraph 8.03.A): Patrick Corbitt Kerr, Ph.D., P.E. "^"B `4 M,26" Title: City Engineer Phone Number: (574) 235-5931 Facsimile Number: (574) 235-9171 E-Mail Address: ckeA@southbendin.eov Title: Sky K. Medors, P.E., Senior Civil Engineer Phone Number: (574) 234-3167 Facsimile Number: (574) 236-1330 E-Mail Address: smedorsplawson-fisher.com 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. APPENDIX 2 SCOPE OF WORK Project Understandine The Federal Energy Regulatory Commission (FERC) requires that an underwater inspection and a bathymetric survey be performed every ten (10) years at the South Bend Dam. The most recent underwater inspection was conducted in 2005 following the repair of the Dam. The next inspection was to be conducted in 2015 however the City was granted a one (1) year extension by the FERC. The summary report of the inspection and survey are due to the FERC by December 31, 2016. The following is LFA's scope of work for this project: 1. Coordinate with American Electric Power (AEP) regarding water release from the Twin Branch hydroelectric project. In the past AEP has been able to work within the FERC requirements to limit outflow from the Twin Branch project to allow for lower River flows during the underwater inspection and bathymetric survey. While this does not stop flow over the dam, the lower flow does allow for a safer inspection and survey. Coordination with AEP, the FERC and the Indiana Department of Natural Resources (IDNR) is required in order to manipulate the impoundment level upstream of the Twin Branch Dam. LFA will conduct this coordination as part of Task 1. 2. Coordinate and supervise the underwater inspection. LFA will work with the diving company (GUS Commercial Divers) to develop a plan for the underwater inspection of both the upstream and downstream faces of the dam. A video of the underwater inspection will be provided along a diver's report. Based on previous inspections, it is assumed that the underwater investigation will take only one 8-hour day to complete. 3. Perform bathometric survey downstream of dam. During previous inspections the riverbed downstream of the dam was surveyed to monitor the potential movement of river bed material. After several surveys it was concluded the river bed had stabilized and there appeared to be no threat to undermining of the Dam. In order to verify this conclusion, the FERC requires that this area be surveyed every ten (10) years. LFA will collect topographic survey data below the water surface in support of the monitoring of the river bottom conditions, just below the South Bend dam. The bathymetric data shall include: • Mass collection of river bottom grading features typical for creation of a surface model. • Analysis of latest surface model in comparison to the surface model of the same area created in 2000. • A report of findings based on the surface model comparison. 4. Prepare report for submittal to the FERC. LFA will prepare a report documenting the findings from both the underwater inspection and the bathymetric survey. LFA will submit the Report to the City for submittal to the FERC. Appendix 2, Scope of Work FJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright CO2009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 Date Name BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM 06/27/2016 Nadia Correa Department Division/Bureau Public Works Engineering BPW Date 07/26/2016 Phone Extension 5796 Required Prior to Submittal to Board Legal ® Attorney Name: Michael Schmidt Controller ® Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing ® George King Check the Appropriate Item Type — Required for All Submissions ❑ Agreement ❑ Contract ❑ Proposal ❑ Addendum ® Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control: ❑ Other: Company or Vendor Name New Vendor MBE/WBE Contractor MBE/WBE Contractor Requested Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Required Information vson-Fischer Associates Yes No If Yes, Approved by U MBE U WBE ❑ No ❑ Yes Name of Company South Bend Dam Underwater Inspection and Bathymetric 116-071 Professional Services 101-0602-431.31-06 1 To be completed by December 31, 2016 FERC permit requirement to inspect scour at base of dam ❑ Required Contractor's Certification Forms Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) Required For Change Orders Only Amount of ❑ Increase $ ❑ Decrease $ Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Chanoe: % Copy Original ® ❑ ❑ ❑ Cecil Eastman Therese Dorau