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HomeMy WebLinkAboutPSA - DLZ Indiana - Prepare Bid Docs from Emergency Repair of Ireland Road at High St.1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS September 13, 2016 Mr. Gary Fisk, P. E. DLZ Indiana, LLC 2211 E Jefferson Blvd. South Bend, IN 46615 PHONE 574;235-9251 FAX 574/235-9171 RE: Professional Services Agreement — Prepare Bid Documents for Emergency Repair of Ireland Road at High Street Dear Mr. Fisk: The Board of Public Works, at its meeting held on September 13, 2016, approved the above referenced agreement in the amount not to exceed $17,430.00. 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 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date September 6, 2016 Name Roger Nawrot Department Engineering BPW Date September 13, 2016 Phone Extension 5932 I 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 Aii 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 F- 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 Amount of Increase Decrease Previous Amount Current Percent of Change: New Amount Total Percent of Chance: Copy Origin ® ❑ Information DLZ Indiana, LLC ❑ Yes ® No LJ No L_J Yes Name of Company Emergency Repair of Ireland Road at Hiah Street 116-0838 G Major Moves 412.0602.431.42.03 $17,430.00 Not to Exceed To prepare bid documents to repair the spillway washout out caused by the August storm.. ❑ Required Contractor's Certification Form Attached (Non - Collusion. Non -Discrimination _ Nnn-nP.harmP..nt F-\/arifv Iran afr 1 Nawrot EJCDCw=�M_ ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of -Sept IYIW i%'Z, aQ? kC1 ("Effective Date") between Board of Public Works, City of South Bend, Indiana ("Owner") and DLZ Indiana, LLC ("Engineer"). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: Emergency drainage repair/improvements due to rainfall event on August 15-16, 2016 including: 1. Erosion along the north side of Ireland Road at the intersection with High Street ("Project"). Engineer's Services under this Agreement are generally identified as follows: See Exhibit A 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: 35 calendar days after notice to proceed. 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 I 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 I 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 If Owner fails , y payment due Engineef fee . -. and expenses within 30 a__ after Feeeipt of Engineer's invaiee, then the amounts due Engilieer will be iner-eased at the rate ef 1.0% per- .. h (er the maiiinium fate of i«Iefes4 p ed by law, if less) A._m said ♦Lift. _th 4 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. st and then to pfineipal. 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 3.0l.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 Page 2 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright OO 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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. 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 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. 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. 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 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 IBM 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 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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. 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 A. Owner shall pay Engineer for Services as follows: 1. Owner shall pay Engineer for Hourly Rate Services as follows: a. An amount equal to the cumulative hours charged to the Project by each class of Engineer's employee's times standard hourly rates for each applicable billing class, plus reimbursement of expenses incurred in connection with providing the Services and Engineer's consultants' charges, if any. b. Engineer's Standard Hourly Rates are attached as Exhibit C. c. The total compensation for Hourly Rate Services and reimbursable expenses is not to exceed $17,430.00, see Item a. of Exhibit E, unless additional compensation is authorized in writing by Owner. 7.02 Additional Services: A. 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 Exhibit C. Attachments: Exhibit A Engineer's Services Exhibit A-2 Site Map for Ireland Road at High Street Exhibit B Owner's Responsibilities. Exhibit C Engineer's Standard Hourly Rates. Exhibit D Project Schedule EJCDC E•500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. Exhibit E Fee Schedule (The remainder of this page is intentionally left blank) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 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 Engineer: DLZ Indiana, LLC Board of Public Works By: 6�,.� L.j By: Title: Gary A. Gilot, President Title: K. Fisk, P Vice President BY Title: IVvidd P. Relo`s,'Member �� By: , M1 b Title: Elizabeth A. Maradik, Member By: /J Title: Therese J. Dorfu, Member By: Title: James A. Mueller, Member Attest: i Q a a-� Title: Martin, Clerk Date: y//3 / �2 oi& Date: Engineer License No. State of Address for giving notices: Address for giving notices: 227 West Jefferson Boulevard South Bend, Indiana 46601 Designated Representative (Paragraph 8.03.A): Designated Representative (Paragraph 8.03.A): Patrick Corbitt Kerr, Ph.D., P.E. Paul D. Foster Title: City Engineer Title: Assistant Highway Department Manager Phone Number: (574) 235-5931 Phone Number: 574-236-4400 Facsimile Number: (574) 235-9171 Facsimile Number: 574-236-4171 E-Mail Address: ckerr@southbendin.gov E-Mail Address: pfoster@dlz.com EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright C 2008 National Society of Professional Engineers for EJCDC. All rights reserved. EJCDC ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE This is EXHIBIT A, consisting of 8 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated [ ]. Engineer's Services PART 1— BASIC SERVICES A1.01 Topographic Survey A. Engineer shall: 1. Ireland Road, provide qualified personnel to perform a topographic survey of the damaged area surrounding the culvert utilizing a High Definition Scanner and conventional survey methods. The limits of the survey shall be approximately 100 feet wide centered on the culvert, and from approximately 50 feet south of the north edge of pavement of Ireland Road to approximately 100 feet north of the north edge of pavement, see Exhibit A-2. A three dimensional CAD file shall be generated from the point cloud data showing the extent of the wash out along with the location of the culvert, curb and gutter, edges of pavement, surface evidence of utilities, street lights/traffic signals and sufficient number of ground and pavement elevations. Manholes will be detailed for rim and invert elevations along with pipe sizes and directions. Survey control shall be tied to the City of South Bend Datum. Control points and a benchmark shall be established and witnessed for future construction. A1.02 Design Services 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 A. Ireland Road — Located along the north side of Ireland Road at the intersection with High Street. This scope of work assumes this project will be submitted to Contractors for quotes in lieu of a public bid. Scope of services to include: 1. The Engineer performed a site visit on August 22, 2016 to observe the erosion caused by the rainfall event and to formulate a plan to repair damage along the north side of Ireland Road. The intersection of Ireland Road and High Street is a low point in the street. In a rainfall event of this magnitude, the storm sewers would have been flowing at capacity and not accepting additional flow from the inlets. This results in a substantial amount of surface water bypassing the inlets and ultimately collecting in this low point. The surface area contributing would extend along Ireland Road from Fellows Street to Miami Street and along the west side of Miami Street from Ireland Road to the parking lot entrance to the golf course. This would also include south High Street and runoff from Erskine Plaza shopping center as well as business along the south side of Ireland Road. At the low point, it appears the surface water overflowed the curb and drained into the golf course. The adjacent embankment for Ireland Road was not protected to withstand a force of that magnitude. This resulted in the erosion the exposed the existing 48" concrete storm sewer and displaced a considerable amount of soil, which ultimately undermined the existing edge of pavement for Ireland Road. The repair plan shall include the following: a. Depending on undermining of the pavement, at a minimum remove the curb and gutter and one lane of pavement, 12 feet wide, along the north side of Ireland Road to a point 10 feet east and west of the undermined edge of pavement. b. Remove the northern three sections of the existing 48" concrete storm sewer pipe, assuming the pipe is not damaged ( to be determined during construction). Grade and re -compact the existing soil and re -set the pipe with a concrete anchor at the outlet end. c. Backfill the void created by the erosion using a combination of flowable fill and soil. Due to the presence of exposed existing traffic signal conduits, flowable fill may be proposed adjacent to the roadway to minimize potential impacts to the conduit. d. Place grouted rip rap to form a protected weir to minimize the chance for erosion due to a future rainfall event. Also, place grouted riprap in the sump for the outlet of the 48" storm sewer outlet pipe. e. Place curb and gutter and pavement along Ireland Road and the existing driveway. 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. I. Repair the existing chain link fence along the golf course and the gate across the driveway. g. Remove debris consisting of riprap and asphalt pavement from the site and re -sod the disturbed area. 2. Develop design and plans to implement the repair plan, including cover sheet, pavement section, plan details, erosion control plan and striping plan, including the following: a. Develop design and plans to implement the repair plan, including cover sheet, pavement section, maintenance of traffic, plan details, erosion control plan and striping plan. b. Develop technical special provisions as required, based on City of South Bend and Indiana Department of Transportation prevailing specifications. c. Coordination with South Bend Parks Department concerning the repairs to Erskine Golf Course and prepare and submit a request for a Certificate of Appropriateness, if required. d. Coordination with the St. Joseph County Drainage Board, if required. e. Perform Utility Coordination to notify all affected Utilities of the project to determine if they are in conflict with the repairs for this project. Request utility work plans for the relocation of any utilities if they are in conflict. f. Permitting for this site shall include the following: 1) IDEM — No action is required. 2) CORPS — No action is required. 3) IDNR — The drainage area for this site is 1.8 square miles and is urban, therefore, it falls within the requirements for a construction in a floodway permit (exceeding 1 square mile). The Engineer anticipates that this work will be considered "emergency maintenance", therefore, it appears that the work can be exempted from permitting. The Engineer shall submit photos of the existing conditions to Andrea Gromeaux with IDNR and state that these repairs are for emergency maintenance. 4) Rule 5 - The area of impact for this site is not anticipated to be over 0.5 acres, therefore, a Rule 5 Permit is not anticipated. 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 3 3. The Engineer understands the Owner has waived the Engineer's recommendation for a geotechnical investigation and will use limits of undermining from the survey scan only, to determine the extent of pavement replacement. Upon construction, there may be additional undermining, and Owner accepts additional quantities (i.e., change order) may be required to repair the undermining or loose subgrade and make additional road repairs. A1.03 Construction Phase Office Services A. The Engineer shall provide design support to the Owner's Resident Project Engineer, as required and as directed by the Owner. The Engineer shall meet at the project site with the Owner or their Resident Project Engineer, as required and as directed by the Owner, to assist in any matter that may arise during the construction of the project. The Owner is providing Construction Administration and any Construction Observation. B. Additionally, The Engineer shall review or take other appropriate action upon the Contractor's submittals such as Shop Drawings for Product Data and Samples but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Engineer's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Engineer's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract. The Engineer's review shall not constitute approval of safety precautions or, of any construction means, methods, techniques, sequences or procedures. The Engineer's approval of a specific item shall not indicate approval of an assembly of which the item is a component. PART 2 — Additional Services A2.01 Additional Services Requiring Owner's Written Authorization A. If authorized in writing by Owner, Engineer shall provide Additional Services of the types listed below. These services are not included as part of Basic Services and will be paid for by Owner ion an hourly rate basins in accordance with the Engineer's Standard Hourly Rates, attached as Exhibit C. Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with the project; preparation or review of environmental assessments and impact statements; review and evaluation of the effect on the design requirements of the project 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 4 of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the project except as specifically set out in A1.01 and A1.02. 2. Design Changes due to alternate funding of the project. 3. Providing renderings or models for public bids or alternate use. 4. Preparing documents for alternate bids except as provided for elsewhere within this agreement (pavement) requested by Owner for Contractor's work which is not executed or documents for out -of- sequence work. 5. Investigations and studies involving, but not limited to, detailed consideration of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for the project; evaluating processes available for licensing and assist Owner in obtaining process licensing; detailed quantity surveys of material, equipment and labor; and audits or inventories required in connection with construction performed by Owner. 6. Furnishing services of independent professional associates and consultants not included in Exhibit A and as requested by the Owner. 7. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services. Preparation of revised bid documents for rebidding in the event that bids as received are rejected for reasons not due to errors and omissions. 8. Providing any type of property surveys and staking to enable contractor(s) to proceed with their work; and providing other special field surveys. 9. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration or other legal or administrative proceeding involving the project. 10. Additional Services in connection with the project, including services which are to be furnished by Owner in accordance with Exhibit B and services not otherwise provided for in this Agreement. 11. Services to make measured drawings of or to investigate the accuracy of drawings or other information furnished by the Owner. 12. Performing upstream and downstream hydraulic analysis. 13. Preparing, submittal and monitoring of any permit applications. 14. Providing wetland mitigation services, or other services relating to wetlands which may exist within the project limits. 15. Sanitary Sewer or Water Main design or permitting. 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 5 16.Insurance premiums for insurance coverage beyond the limits defined elsewhere herein. 17. R/W easements. 18. Transportation planning and modeling. 19. Design of capacity modifications to the existing storm sewer trunk pipe network. 20. Development of work/supplemental permitting resulting from coordination with the USEPA regarding the St. Joseph Sole Source Aquifer. 21. Preparing design plans for temporary sheeting, as required. 22. Landscape design and plans, beyond turf restoration. 23. Traffic signal warrants, traffic counts at intersections and/or traffic signal design. 24. Lighting Design and Plans. 25. Traffic signal modifications. 26. Cleaning and videotaping and evaluating the condition of the existing storm sewers. 27. Preparing a Location Control Route Survey Plat. 28. Right of way services including title abstracting, right of way engineering, prepare record and transfer documents for each parcel, title updates, and appraisal problem analysis. 29. Construction Observation. 30. Limited Geotechnical Investigation for the Ireland Road Site. 31. Title Work. 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 6 This is EXHIBIT B, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated [ j. Services To Be Provided By Owner 131.01 Services Provided by Owner A. The Owner shall do the following in a timely manner so as not to delay the services of Engineer: 1. Designate in writing a person to act as Owner's representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define Owner's policies and decisions with respect to the Engineer's services for the Project. 2. Provide Aerial Mapping and GIS Data for the project site. 3. Provide all criteria and full information as to Owner's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. 4. If required, Owner will obtain and provide right of entry for any work outside of the existing right-of-way. 5. Fumish all specifications and standard drawings applicable to the project and all criteria for design and details including, but not limited to, signage and storm sewer structures. 6. Assist Engineer by placing at Engineer's disposal all available information pertinent to the Project including, but not limited to, the following: a. Previous reports and any other data relative to design or construction of the project. b. Available data from the transportation planning process. c. Utility plans available to the Owner. 7. Furnish to Engineer, as required for performance of Engineer's Basic Services (except to the extent provided otherwise in Section I) the following: a. Data prepared by or services of others and appropriate professional interpretations of such. 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 7 b. All written views pertinent to the location and environmental studies that are received by the Owner. 8. Arrange for access to and make all provisions for Engineer and/or Subcontractors to enter upon public and private property as required to perform services under this Agreement. 9. Furnish approvals and necessary permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. Permit fees shall be paid by Owner at time of submission of said applications. 10. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by Engineer, obtain advice of attorney, insurance counselor and other consultants as Owner deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of Engineer. 11. Furnish all legal services as may be required for the development of the project. 12. Provide written approval of completed work phases as described in Section I of this Agreement. Accomplish reviews and provide written approvals in a timely manner. 13. Obtain right of entry. (The remainder of this page intentionally left blank.) 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 9 This is Exhibit C, 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: DLZ INDIANA, LLC - STANDARD FEE STRUCTURE ENGINEERING/ARCHITECTURAL 2016 Activity Code Employee Classification 2016 Hourly Rote 1 Principal $220.00 49/49D Division Manager/Director $200.00 50 Department Manager $175.00 55/4 Registered Land Surveyor/Survey Coordinator $130.00 80/217 Senior Project Manager/ Project Manager II $180.00 21/216 Project Manager $160.00 341/340/556/557 Electrical/Mechanical/Structural Engineer VI $165.00 555/565/214 Engineer V/Architect V/Landscape Architect V/Planner V/Scientist V/Geologist V/ Surveyor $155.00 554/564 Engineer IV/Architect IV/Landscape Architect IV/Planner IV/Scientist IV/Geologist IV $150.00 53/58 Engineer III/Architect III/Landscape Architect III/Planner III/Scientist III/Geologist III $130.00 52/57 Engineer II/Architect II/Landscape Architect II/Planner II/Scientist II/Geologist II $120.00 51/56 Engineer I/Architect I/Landscape Architect I/Planner I/Scientist I/Geologist 1 $95.00 28 Designer 1 $90.00 472 Designer 11 $110.00 473 Designer 111 $125.00 29 Technician $70.00 147 Construction Observer Manager/Administrator $120.00 152 1 Construction Observer $95.00 43 Clerical $65.00 6 Intern $50.00 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. Crew Classification 1016 Hourly Rate 142/99 142/99 2 - person Topographic Survey Crew (straight time) 2— person Topographic Survey Crew (over time) $190.00 $250.00 63 1—person Field Crew $120.00 63 1— person Field Crew (over time) $160.00 GPS 1— person GPS/RTK Field Crew $160.00 SCAN HDS Laser Scanning Crew $260.00 13/94 Field Survey Technician/Survey-Mapping Assistant $75.00 Reimbursable Expenses Rate Mileage $0.54/mile Travel Expenses @ Cost Living Expenses @ Cost Reproduction Cost plus 10% Subconsultants Cast plus 10% Equipment Rental Cost plus 10% Rates are subject to revision on January 1, 2017. Cost of living/inflation increases of 3 to 7% per annum can be anticipated. C\Users\gfisk\Documents\DLZ\Rates\2016 Hourly Rates - DLZ Indiana.doa 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. Pace 10 This is Exhibit D, Engineer's Project Schedule, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services dated Engineer's Project Schedule A. After receiving a written notice to proceed the Engineer shall: 1. 7 Calendar Days Complete Topographic Survey. 2. 14 Calendar Days Submit Final Plans (95% complete). 3. 7 Calendar Days Owner Review of Final Plans. 4. 7 Calendar Days Final Tracings after receipt of Owner Review comments. 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 11 This is Exhibit E, Engineer's Fee Schedule, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services dated � G Engineer's Fee Schedule A. The CONSULTANT will be paid for the work performed under Exhibit A of this Agreement on a hourly rate/not to exceed basis in accordance with the following schedule, except as noted in the items below: Design Phase Items Amount a. Survey and Design (hourly) $17,430.00 Total $17,430.00 B. For services and Reimbursable Expenses of independent professional associates, reimbursable expenses and consultants employed by Engineer, the Engineer shall be reimbursed for the invoiced amount of said services, plus an administrative fee in an amount not to exceed 10% of the amount of the invoice Toll telephone calls, printing, mailing, FAX costs required for the permits enumerated hereinabove will not be reimbursable expenses and the costs thereof are included in the itemized costs as shown herein in Exhibit E, Section A. The cost of permit application/regulatory fees will be considered as a reimbursable expense. The Engineer shall not be paid for any services performed by the Owner or not required to develop this project. 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. 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