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PSA - Lawson Fisher Assoc. - Northshore Trails Master Planning
1316 CouNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS December 22, 2016 Michael Guzik Lawson -Fisher Associates, P.C. 525 W Washington Ave South Bend, IN 46601 RE: Professional Services Agreement Dear Mr. Guzik: PHONE 574/235-9251 FAx 574/235-9171 The Board of Public Works, at its meeting held on December 22, 2016, approved the Northshore Trails Master Planning agreement in the amount of $100,000. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure c: Kara Boyles, Engineering GARY A. GHAT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU Date Name BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM 12/19/16 Kara M. Boyles Department Division/Bureau Engineering DPW BPW Date 12/22/16 Phone Extension 5933 Legal ® Attorney Name: M. Schmidt Controller El greater review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing ❑ 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: F Other: Company or Vendor Name New Vendor MBE/WBE Contractor MBENVBE Contractor Requested Project Name Project Number Funding Source Account No. Amount Information Lawson -Fisher Associates P.C. ❑ Yes ® No ❑ If Yes, Approved by Purchasina ime of Master 142 Major Moves 412-0602-431.42-03 $100,000 Terms of Contract Less than 1 year Purpose/Description Professional design services for examining the expansions of shared -use facilities to provide a series of trail and river crossings along the St. Joseph River (Angela Blvd. to Riverside). ❑ 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 Chance: py Original ❑ ❑ ❑ ❑ ❑ ❑ L FAVAVA LAWSON-FISHER ASSOCIATES P.C. December 13, 2016 (Revised 12/20/16) Ms. Kara Boyles, Ph.D., P.E. Interim City Engineer City of South Bend 1316 County -City Building 227 West Jefferson Boulevard South Bend, IN 46601 RE: NorthShore Trails Master Plan Dear Ms. Boyles: PAUL A. HUMMEL, P.E. PIPER C. TITTLE, P.E. MICHAEL J. GUZIK, P.E. 9028.07 GREGORY L. HOLDEN, P.E. JON E. RIEMKE, P.E. JEFFREY L. MCKEAN, P.E. RANDOLPH J. LINDLEY, P.E. CHRISTOPHER J. JETER, P.E. DENNIS A. ZEBELL, P.E. BENJAMIN P. HOLDEN, P.E. DAN G. DELGADO, P.E. MICHAEL F. JOHNSTON, P.E. JEFFREY M. BYRD, P.E. JARED M. HUSS, P.E. SKY K. MEDORS, P.E. AARON W. BLANK, P.L.S., P.E. BREAGAN P. EICHER, P.E. RICHARD A. CHAPMAN, II, P.E. THOMAS J. MCNICHOLAS, P.E. KEVIN J. SIEDLECKI, P.E. CHRISTOPHER M. VANHULLE, P.E. MICHELLE M.G. SLACK, P.L.S. SUE ELLEN DOUDRICK, P.E. We appreciate the opportunity to submit this updated agreement for professional design services for NorthShore Trails Master Planning. We propose to provide professional engineering services for examining the expansions of shared -use facilities to provide a series of trail and river crossings along the St. Joseph River generally bounded by Angela Boulevard to the north and Riverside to the south. Lawson -Fisher Associates (LFA) will complete work for a fee of $100,000. This Agreement sets forth services through development of the Master Plan. If this proposed Agreement is acceptable, please execute this Agreement and return an executed copy to us. If you have any questions or require additional information, please contact us at your earliest convenience. As always, thank you for your consideration. Very truly yours, LAWS -FISHER ASSOCIATES P.C. C_ Michael) J� .E. Vice President/Senior Civil Engineer MJG/cas Encl. 525 WEST WASHINGTON AVENUE - SOUTH BEND, INDIANA 46601. 574-234-3167 - 574-236-1330 (FAX) This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Laws and Regulations. AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE EJCDC ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by ACEC SCEAmerican Society of Civil Engineers AGC of America TI¢ A%(KKTtD SGNIRM CONTR10ORSO(AWRICA Quality Peuple. Qualify Prajteb.� National Society of Professional Engineers Professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright C 2008 National Society of Professional Engineers for EJCDC. All rights reserved. This Agreement has been prepared for use with the Standard General Conditions of the Construction Contract (EJCDC C-700, 2007 Edition). Their provisions are interrelated, and a change in one may necessitate a change in the other. For guidance on the completion and use of this Agreement, see EJCDC User's Guide to the Owner -Engineer Agreement, EJCDC E-001, 2009 Edition. Copyright © 2008 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202)347-7474 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.or� Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703)548-3118 www.age.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright CC 2008 National Society of Professional Engineers for EJCDC. All rights reserved. TABLE OF CONTENTS Page ARTICLE 1 — SERVICES OF ENGINEER.................................................................................................... 2 1.01 Scope............................................................................................................................................. 2 ARTICLE 2 — OWNER'S RESPONSIBILITIES............................................................................................2 2.01 General..........................................................................................................................................2 ARTICLE 3 — SCHEDULE FOR RENDERING SERVICES........................................................................2 3.01 Commencement............................................................................................................................ 2 3.02 Time for Completion.................................................................................................................... 2 ARTICLE 4 — INVOICES AND PAYMENTS............................................................................................... 3 4.01 Invoices......................................................................................................................................... 3 4.02 Payments....................................................................................................................................... 3 ARTICLE 5 — OPINIONS OF COST............................................................................................................... 3 5.01 Opinions of Probable Construction Cost...................................................................................... 3 5.02 Designing to Construction Cost Limit......................................................................................... 4 5.03 Opinions of Total Project Costs................................................................................................... 4 ARTICLE 6 — GENERAL CONSIDERATIONS............................................................................................ 4 6.01 Standards of Performance.............................................................................................................4 6.02 Design Without Construction Phase Services.............................................................................. 5 6.03 Use of Documents......................................................................................................................... 6 6.04 Insurance....................................................................................................................................... 7 6.05 Suspension and Termination........................................................................................................ 8 6.06 Controlling Law............................................................................................................................9 6.07 Successors, Assigns, and Beneficiaries........................................................................................9 6.08 Dispute Resolution......................................................................................................................10 6.09 Environmental Condition of Site................................................................................................10 6.10 Indemnification and Mutual Waiver..........................................................................................11 6.11 Miscellaneous Provisions........................................................................................................... I I ARTICLE 7 — DEFINITIONS ..... 7.01 Defined Terms ......... ARTICLE 8 — EXHIBITS AND SPECIAL PROVISIONS......... 8.01 Exhibits Included....................................................... 8.02 Total Agreement........................................................ 8.03 Designated Representatives ....................................... 8.04 Engineer's Certifications ............................................ 12 12 EJCDC...--- ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of December 22, 2016 (`'Effective Date") between Department of Public Works, City of South Bend, Indiana ("Owner") and Lawson -Fisher Associates P.C., 525 West Washington, Sotuh Bend, Indiana 46601 ("Engineer"). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: Professional Design Services for Northshore Trails Master Planning for examining the expansions of shared -use facilities to provide a series of trail and river crossings along the St. Joseph River generally bounded by Angela Boulevard to the north and Riverside to the south. The initial concepts and crossings are more accurately described as follows: • Northshore Trail generally between Angela Boulevard through Michigan Street intersection to the East Bank Trail. • Lafayette Trail north of the St. Joseph River through the Triangle neighborhood for connectivity generally between Northshore Drive and Angela Boulevard. Lafayette Trail will provide a connection to East Bank Trail, Coal Line Trail, Northshore Trail and a shared -use bridge crossing St. Joseph River at or near Lafayette Street. • Riverside Trail beginning near the Marion Street and Michigan intersection continuing north along Riverside Drive to the south approach of the Michigan Street Bridge. • Lafayette Boulevard Bridge that will connect the south and north sides of the river with a bicycle/pedestrian bridge at Lafayette Boulevard. • East Bank Trail Bridge that will connect the west and east sides of the river at a location in the vicinity of Marion and Bartlett Streets to link the existing East Bank Trail to the proposed Riverside Trail. EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. Owner and Engineer further agree as follows: ARTICLE I — SERVICES OF ENGINEER 1.01 Scope A. Engineer shall provide, or cause to be provided, the services set forth herein and in Exhibit A. ARTICLE 2 — OWNER'S RESPONSIBILITIES 2.01 General A. Owner shall have the responsibilities set forth herein and in Exhibit B. B. Owner shall pay Engineer as set forth in Exhibit C. C. Owner shall be responsible for, and Engineer may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by Owner to Engineer pursuant to this Agreement. Engineer may use such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement. ARTICLE 3 — SCHEDULE FOR RENDERING SERVICES 3.01 Commencement A. Engineer is authorized to begin rendering services as of the Effective Date. 3.02 Time for Completion A. Engineer shall complete its obligations within a reasonable time. Specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided in Exhibit A, and are hereby agreed to be reasonable. B. If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer's services is impaired, or Engineer's services are delayed or suspended, then the time for completion of Engineer's services, and the rates and amounts of Engineer's compensation, shall be adjusted equitably. C. If Owner authorizes changes in the scope, extent, or character of the Project, then the time for completion of Engineer's services, and the rates and amounts of Engineer's compensation, shall be adjusted equitably. D. Owner shall make decisions and carry out its other responsibilities in a timely manner so as not to delay the Engineer's performance of its services. E. If Engineer fails, through its own fault, to complete the performance required in this Agreement within the time set forth, as duly adjusted, then Owner shall be entitled, as its sole remedy, to the recovery of direct damages, if any, resulting from such failure. 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. ARTICLE 4 — INVOICES AND PAYMENTS 4.01 Invoices A. Preparation and Submittal of Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and the terms of Exhibit C. Engineer shall submit its invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. 4.02 Payments A. Application to Interest and Principal: Payment will be credited first to any interest owed to Engineer and then to principal. B. Failure to Pay: If Owner fails to make any payment due Engineer for services and expenses within 30 days after receipt of Engineer's invoice, then: 2. Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until Owner has paid in full all non -disputed amounts due for services, expenses, and other related charges. Owner waives any and all claims against Engineer for any such suspension. C. Disputed Invoices: If Owner contests an invoice, Owner shall promptly advise Engineer of the specific basis for doing so, may withhold only that portion so contested, and must pay the undisputed portion. D. Legislative Actions: If after the Effective Date any governmental entity takes a legislative action that imposes taxes, fees, or charges on Engineer's services or compensation under this Agreement, then the Engineer may invoice such new taxes, fees, or charges as a Reimbursable Expense to which a factor of 1.0 shall be applied. Owner shall reimburse Engineer for the cost of such invoiced new taxes, fees, and charges; such reimbursement shall be in addition to the compensation to which Engineer is entitled under the terms of Exhibit C. ARTICLE 5 — OPINIONS OF COST 5.01 Opinions of Probable Construction Cost A. Engineer's opinions of probable Construction Cost are to be made on the basis of Engineer's experience and qualifications and represent Engineer's best judgment as an experienced and qualified professional generally familiar with the construction industry. However, because Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors' methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by Engineer. If Owner requires greater assurance as to probable Construction Cost, Owner must employ an independent cost estimator as provided in Exhibit B. 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. 5.02 Designing to Construction Cost Limit A. If a Construction Cost limit is established between Owner and Engineer, such Construction Cost limit and a statement of Engineer's rights and responsibilities with respect thereto will be specifically set forth in Exhibit E, "Construction Cost Limit," to this Agreement. 5.03 Opinions of Total Project Costs A. The services, if any, of Engineer with respect to Total Project Costs shall be limited to assisting the Owner in collating the various cost categories which comprise Total Project Costs. Engineer assumes no responsibility for the accuracy of any opinions of Total Project Costs. ARTICLE 6 — GENERAL CONSIDERATIONS 6.01 Standards of Performance A. Standard of Care: 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. B. Technical Accuracy: Owner shall not be responsible for discovering deficiencies in the technical accuracy of Engineer's services. Engineer shall correct deficiencies in technical accuracy without additional compensation, unless such corrective action is directly attributable to deficiencies in Owner -famished information. C. Consultants: Engineer may employ such Consultants as Engineer deems necessary to assist in the performance or furnishing of the services, subject to reasonable, timely, and substantive objections by Owner. D. Reliance on Others: Subject to the standard of care set forth in Paragraph 6.0I.A, 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. E. Compliance with Laws and Regulations, and Policies and Procedures: 1. Engineer and Owner shall comply with applicable Laws and regulations. 2. Prior to the Effective Date, Owner provided to Engineer in writing any and all policies and procedures of Owner applicable to Engineer's performance of services under this Agreement. Provided to Engineer in writing. Engineer shall comply with such policies and procedures, subject to the standard of care set forth in Paragraph 6.01.A, and to the extent compliance is not inconsistent with professional practice requirements. 3. This Agreement is based on Laws and Regulations and Owner -provided written policies and procedures as of the Effective Date. Changes after the Effective Date to these Laws and Regulations, or to Owner -provided written policies and procedures, may be the basis EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. for modifications to Owner's responsibilities or to Engineer's scope of services, times of performance, or compensation. F. Engineer shall not be required to sign any documents, no matter by whom requested, that would result in the Engineer having to certify, guarantee, or warrant the existence of conditions whose existence the Engineer cannot ascertain. Owner agrees not to make resolution of any dispute with the Engineer or payment of any amount due to the Engineer in any way contingent upon the Engineer signing any such documents. G. 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 both parties mutually agree to use other general conditions by specific reference in Exhibit J. H. Engineer shall not at any time supervise, direct, control, or have authority over any contractor 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 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. I. Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. J. Engineer shall not provide or have any responsibility for surety bonding or insurance -related advice, recommendations, counseling, or research, or enforcement of construction insurance or surety bonding requirements. K. 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 agents, employees, and Consultants) at the Site or otherwise furnishing or performing any Work; or for any decision made regarding the Contract Documents, or any application, interpretation, or clarification, of the Contract Documents, other than those made by Engineer. L. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's and Owner's safety programs of which Engineer has been informed in writing. 6.02 Design Without Construction Phase Services A. Engineer shall be responsible only for those Construction Phase services expressly required of Engineer in Exhibit A, Paragraph A1.05. With the exception of such expressly required services, Engineer shall have no design, Shop Drawing review, or other obligations during construction and Owner assumes all responsibility for the application and interpretation of the Contract Documents, review and response to Contractor claims, contract administration, processing Change Orders, revisions to the Contract Documents during construction, construction surety bonding and insurance requirements, construction observation and review, review of payment applications, and all other necessary Construction Phase engineering and professional services. Owner waives all claims against the Engineer that may be connected in any way to 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. Construction Phase engineering or professional services except for those services that are expressly required of Engineer in Exhibit A, Paragraph Al.05. 6.03 Use ofDoeuments A. The Owner acknowledges the Engineer's construction documents, including all electronic files, as instruments of professional services. Nevertheless, the final construction documents, including all electronic files, prepared under this agreement shall become the property of the Owner upon completion of services and payment in full of all monies due to the Engineer. The Owner shall not reuse or make any modification to the construction documents without the prior written authorization of the Engineer. All T`eetime..`s are Engi ee f) whether or not the Project is ^i^leted. Owner shall not rely in any way on any Document unless it is in printed form, signed or sealed by the Engineer or one of its Consultants. B. Either party to this Agreement may rely that data or information set forth on paper (also known as hard copies) that the party receives from the other party by mail, hand delivery, or facsimile, are the items that the other party intended to send. Files in electronic media format of text, data, graphics, or other types that are furnished by one party to the other are furnished only for convenience, not reliance by the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. If the parties agree to other electronic transmittal procedures, such are set forth in Exhibit J. C. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any transmittal errors detected within the 60-day acceptance period will be corrected by the party delivering the electronic files. D. When transferring documents in electronic media format, the transferring party makes no representations as to long-term compatibility, usability, or readability of such documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the documents' creator. E. Owner may make and retain copies of Documents for information and reference in connection with use on the Project by Owner. Engineer grants Owner 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, EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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. F. If Engineer at Owner's request verifies the suitability of the Documents, completes them, or adapts them for extensions of the Project or for any other purpose, then Owner shall compensate Engineer at rates or in an amount to be agreed upon by Owner and Engineer. G. At completion of any survey services and upon payment of monies due the Engineer for those services, the Engineer shall provide the owner with all survey data and drawings, upon which it will become the property of the Owner. H. At completion of any traffic study services and upon payment of monies due the Engineer for those services, the Engineer shall provide the owner with all data and models, upon which it will become the property of the Owner. I. At completion of any geotechnical or material investigation services and upon payment of monies due the Engineer for those services, the Engineer shall provide the owner with all data, upon which it will become the property of the Owner. 6.04 Insurance A. Engineer shall procure and maintain insurance as set forth in Exhibit G, "Insurance." Engineer shall cause Owner to be listed as an additional insured on any applicable general liability insurance policy carried by Engineer. B. n - shall praeure andiRa4itainof f L• A in ., ibit r_ "Ins " n 1 n eause Engineer and its Consultants t6 be listed as additional insureds an any general 1i e4eies and as less insufanee payees any Y«oY J Y ««1:..,,l.lo t,. tl.e D«..: et C. Owner shall require Contractor to purchase and maintain policies of insurance covering workers' compensation, general liability, property damage (other than to the Work itself), motor vehicle damage and injuries, and other insurance necessary to protect Owner's and Engineer's interests in the Project. Owner shall require Contractor to cause Engineer and its Consultants to be listed as additional insureds with respect to such liability and other insurance purchased and maintained by Contractor for the Project. D. 9wxer and Engineer shall eaeh-deliver to the Owner other certificates of insurance evidencing the coverages indicated in Exhibit G. Such certificates shall be furnished prior to commencement of Engineer's services and at renewals thereafter during the life of the Agreement. E. All policies of property insurance relating to the Project shall contain provisions to the effect that Engineer's and its Consultants' interests are covered and that in the event of payment of any loss or damage the insurers will have no rights of recovery against Engineer or its Consultants, or any insureds, additional insureds, or loss payees thereunder. F. All policies of insurance shall contain a provision or endorsement that the coverage afforded will not be canceled or reduced in limits by endorsement, and thatrenewal will not be refused, until at EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. least 30 days prior written notice has been given to Owner and Engineer and to each other additional insured (if any) to which a certificate of insurance has been issued. G. At any time, Owner may request that Engineer or its Consultants, at Owner's sole expense, provide additional insurance coverage, increased limits, or revised deductibles that are more protective than those specified in Exhibit G. If so requested by Owner, and if commercially available, Engineer shall obtain and shall require its Consultants to obtain such additional insurance coverage, different limits, or revised deductibles for such periods of time as requested by Owner, and Exhibit G will be supplemented to incorporate these requirements. 6.05 Suspension and Termination A. Suspension: 1. By Owner: Owner may suspend the Project for up to 90 days upon seven days written notice to Engineer. 2. By Engineer: Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement if Engineer's performance has been substantially delayed through no fault of Engineer. B. Termination: The obligation to provide further services 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 terms hereof through no fault of the terminating party. 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 or suspended for more than 90 days for reasons beyond Engineer's control. 3) Engineer shall have no liability to Owner on account of such termination. C. Notwithstanding the foregoing, this Agreement will not terminate under Paragraph 6.05.B.1.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt thereof; 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 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. For convenience, a. By Owner effective upon Engineer's receipt of notice from Owner. C. Effective Date of Termination: The terminating party under Paragraph 6.05.13 may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to demobilize personnel and equipment from the Site, 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. D. Payments Upon Termination: 1. In the event of any termination under Paragraph 6.05, 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. Upon making such payment, Owner shall have the limited right to the use of Documents, at Owner's sole risk, subject to the provisions of Paragraph 6.03.E. 2. In the event of termination by Owner for convenience or by Engineer for cause, Engineer shall be entitled, in addition to invoicing for those items identified in Paragraph 6.05.D.1, to invoice Owner and to payment of a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with Engineer's Consultants, and other related close-out costs, using methods and rates for Additional Services as set forth in Exhibit C. 6.06 Controlling Law A. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located. 6.07 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 6.07.13 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 in this Agreement: Page 9 EJCDC E-500 Agreement Between Owner and Engineer for Professional services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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. 2. 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. 3. Owner agrees that the substance of the provisions of this Paragraph 6.07.0 shall appear in the Contract Documents. N" Now SIMON 6.09 Environmental Condition of Site A. Owner has disclosed to Engineer in writing the existence of all known and suspected Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, hazardous substances, and other Constituents of Concern located at or near the Site, including type, quantity, and location. B. Owner represents to Engineer that to the best of its knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at the Site. C. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer shall notify (1) Owner and (2) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. D. It is acknowledged by both parties that Engineer's scope of services does not include any services related to Constituents of Concern. If Engineer or any other party encounters an undisclosed Constituent of Concern, or if investigative or remedial action, or other professional services, are necessary with respect to disclosed or undisclosed Constituents of Concern, then 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 Constituents of Concern; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. E. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineer's services under this Agreement, then the Engineer shall have the option of (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause on 30 days notice. F. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall not be required to become an "owner" "arranger," "operator," Page 10 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. "generator," or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer's activities under this Agreement. 6.10 Indemnification and Mutual Waiver A. Indemnification by Engineer: To the fullest extent permitted by law, Engineer shall indemnify and hold harmless Owner, and Owner's officers, directors, members, partners, agents, consultants, and employees from reasonable claims, costs, losses, and damages arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Engineer or Engineer's officers, directors, members, partners, agents, employees, or Consultants. This indemnification provision is subject to and limited by the provisions, if any, agreed to by Owner and Engineer in Exhibit I, "Limitations of Liability." B. Indemnification by Owner: Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants as required by Laws and Regulations and to the extent (if any) required in Exhibit I, Limitations of Liability. C. Environmental Indemnification: To the fullest extent permitted by law, Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, and all court, arbitration, or other dispute resolution costs) caused by, arising out of, relating to, or resulting from a Constituent of Concern at, on, or under the Site, provided that (1) any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (2) nothing in this paragraph shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willful misconduct. D. Percentage Share of Negligence: To the fullest extent permitted by law, a party's total liability to the other party and anyone claiming by, through, or under the other party for any cost, loss, or damages caused in part by the negligence of the party and in part by the negligence of the other party or any other negligent entity or individual, shall not exceed the percentage share that the party's negligence bears to the total negligence of Owner, Engineer, and all other negligent entities and individuals. E. Mutual Waiver: To the fullest extent permitted by law, Owner and Engineer waive against each other, and the other's employees, officers, directors, members, 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. 6.11 Miscellaneous Provisions A. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. B. Survival: All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. C. Severability: Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Engineer, which agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. D. Waiver: A party's non -enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. E. Accrual of Claims: To the fullest extent permitted by law, all causes of action arising under this Agreement shall be deemed to have accrued, and all statutory periods of limitation shall commence, no later than the date of Substantial Completion. ARTICLE 7 — DEFINITIONS 7.01 Defined Terms A. Wherever used in this Agreement (including the Exhibits hereto) terms (including the singular and plural forms) printed with initial capital letters have the meanings indicated in the text above, in the exhibits, or in the following provisions: 1. Additional Services — The services to be performed for or furnished to Owner by Engineer in accordance with Part 2 of Exhibit A of this Agreement. 2. Agreement — This written contract for professional services between Owner and Engineer, including all exhibits identified in Paragraph 8.01 and any duly executed amendments. 3. Asbestos — Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 4. Basic Services — The services to be performed for or furnished to Owner by Engineer in accordance with Part 1 of Exhibit A of this Agreement. 5. Construction Contract — The entire and integrated written agreement between Owner and Contractor concerning the Work. 6. Construction Cost — The cost to Owner of those portions of the entire Project designed or specified by Engineer. Construction Cost does not include costs of services of Engineer or other design professionals and consultants; cost of land or rights -of -way, or compensation for damages to properties; Owner's costs for legal, accounting, insurance counseling or auditing services; interest or financing charges incurred in connection with Page 12 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. the Project; or the cost of other services to be provided by others to Owner pursuant to Exhibit B of this Agreement. Construction Cost is one of the items comprising Total Project Costs. 7. Constituent of Concern — Any substance, product, waste, or other material of any nature whatsoever (including, but not limited to, Asbestos, Petroleum, Radioactive Material, and PCBs) which is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§1801 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA" ); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; and (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 8. Consultants — Individuals or entities having a contract with Engineer to furnish services with respect to this Project as Engineer's independent professional associates and consultants; subcontractors; or vendors. 9. Contract Documents — Those items so designated in the Construction Contract, including the Drawings, Specifications, construction agreement, and general and supplementary conditions. Only printed or hard copies of the items listed in the Construction Contract are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor — The entity or individual with which Owner has entered into a Construction Contract. 11. Documents — Data, reports, Drawings, Specifications, Record Drawings, and other deliverables, whether in printed or electronic media format, provided or furnished in appropriate phases by Engineer to Owner pursuant to this Agreement. 12. Drawings — That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings are not Drawings as so defined. 13. Effective Date — The date indicated in this Agreement on which it becomes effective, but if no such date is indicated, the date on which this Agreement is signed and delivered by the last of the parties to sign and deliver. 14. Engineer — The individual or entity named as such in this Agreement. 15. Hazardous Waste — The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 16. Laws and Regulations; Laws or Regulations — Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 17. Owner — The individual or entity with which Engineer has entered into this Agreement and for which the Engineer's services are to be performed. Unless indicated otherwise, this is the same individual or entity that will enter into any Construction Contracts concerning the Project. 18. PCBs — Polychlorinated biphenyls. 19. Petroleum — Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -hazardous waste and crude oils. 20. Project — The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 21. Radioactive Material — Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 22. Record Drawings — Drawings depicting the completed Project, prepared by Engineer as an Additional Service and based solely on Contractor's record copy of all Drawings, Specifications, addenda, change orders, work change directives, field orders, and written interpretations and clarifications, as delivered to Engineer and annotated by Contractor to show changes made during construction. 23. Reimbursable Expenses — The expenses incurred directly by Engineer in connection with the performing or furnishing of Basic and Additional Services for the Project. 24. Resident Project Representative — The authorized representative of Engineer assigned to assist Engineer at the Site during the Construction Phase. As used herein, the term Resident Project Representative or "RPR" includes any assistants or field staff of Resident Project Representative agreed to by Owner. The duties and responsibilities of the Resident Project Representative, if any, are as set forth in Exhibit D. 25. Samples — Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 26. Shop Drawings — All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 27. Site — Lands or areas to be indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 28. Specifications — That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. Page 14 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 29. Subcontractor — An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 30. Substantial Completion — The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 31. Supplier — A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 32. Total Project Costs — The sum of the Construction Cost, allowances for contingencies, and the total costs of services of Engineer or other design professionals and consultants, together with such other Project -related costs that Owner furnishes for inclusion, including but not limited to cost of land, rights -of -way, compensation for damages to properties, Owner's costs for legal, accounting, insurance counseling and auditing services, interest and financing charges incurred in connection with the Project, and the cost of other services to be provided by others to Owner pursuant to Exhibit B of this Agreement. 33. Work — The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. ARTICLE 8 — EXHIBITS AND SPECIAL PROVISIONS 8.01 Exhibits Included: A. Exhibit A, Engineer's Services. B. Exhibit B, Owner's Responsibilities. C. Exhibit C, Payments to Engineer for Services and Reimbursable Expenses. ■ • ',.-ties, Responsibil4ies and Limi4atiens of Authof4y of Resident Pfojeet • OT INCLUDED E n w'bi > Natiee of A, eeptabil;t - c` NOT INCLUDED E. E~ iibit > r'onstruetion Cast hi NOT INCLUDED G. Exhibit G, Insurance. II I~ .t4b t a Dispute nescltAion. NOT INCLUDED EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright© 2008 National Society of Professional Engineers for EJCDC. All rights reserved. I. Exhibit I, Limitations of Liability. J. Exhibit J, Special Provisions. K. Exhibit v Amendffient to Ov ffler rr.,gine r n ,.Fe o + NOT INCLUDED 8.02 Total Agreement., A. This Agreement, (together with the exhibits identified above) 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 based on the format of Exhibit K to this Agreement. 8.03 Designated Representatives: A. With the execution of this Agreement, Engineer and Owner shall designate specific individuals to act as Engineer's and Owner's representatives with respect to the services to be performed or furnished by Engineer and responsibilities of Owner under this Agreement. Such an individual shall have authority to transmit instructions, receive information, and render decisions relative to the Project on behalf of the respective party whom the individual represents. 8.04 Engineer's Certifications: A. Engineer certifies that it has not engaged in corrupt, fraudulent, or coercive practices in competing for or in executing the Agreement. For the purposes of this Paragraph 8.04: 1. 'corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the selection process or in the Agreement execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the selection process or the execution of the Agreement to the detriment of Owner, or (b) to deprive Owner of the benefits of free and open competition; 3. 'coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the selection process or affect the execution of the Agreement. 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 Public Works Engineer: Lawson -Fisher Associates P.C. 525 W. Washington Avenue South Be , In 'ana 46601 By: 'yM & jBy: Title: Gary A. Gi ot, President Title: By: 0 A / ,de Title: Jatf s A Mueller, Member By: Title: Suzanna M. Fritzberg, Member By: Title: Elizabeth A. Maradik, Member By: Title: TTierese J. Dorau, ember Attest: f ," d 4 . Title: `--Li#daMartin, Cle Date: December 22, 2016 Date: Address for giving notices: 227 West Jefferson Boulevard South Bend, Indiana 46601 Designated Representative (Paragraph 8.03.A): Kara M. Boyles, Ph.D., P.E. Title: Interim City Engineer Phone Number: (574) 235-9251 Facsimile Number: (574) 235-9171 E-Mail Address: kbovles&southbendin.gov J. December Engineer License or Firm's Certificate No. State of: Indiana Address for giving notices: 525 West Washington Avenue South Bend, Indiana 46601 2016 10001145 Designated Representative (Paragraph 8.03.A): Michael J. Guzik, P.E. Title: Vice President Phone Number: (574) 234-3167 Facsimile Number: (574) 236-1330 E-Mail Address: mguzikna,lawson-fisher.com Page 17 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. A0 rights reserved. This is EXHIBIT A, consisting of 7 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated December 22, 2016. Services Article 1 of the Agreement is supplemented to include the following agreement of the parties. Engineer shall provide Basic and Additional Services as set forth below. PART 1— BASIC SERVICES A1.01 Develop Base and Working Drawings A. Engineer shall develop an Aerial Working Drawing 1. Develop a digital base drawing for use documenting the existing facility inventory and developing proposed trail alignments and crossings using Indiana Map resources and City of South Bend GIS datasets for an at -scale aerial map mosaic. The limits are approximately LaSalle Avenue north through Angela Boulevard as the St. Joseph River meanders south to north. 2. Imagery will reflect most recent available from City of South Bend at a 6-inch pixel resolution. 3. Import Digital Elevation Model (DEM) data for the development of an existing condition surface model for identifying vertical relief and changes in topography. 4. Refine the developed digital working drawing and develop other conceptual planhnetrics for fixing locations by station and identify location and features by 100 ft increments or stations. 5. Import from geographical information system (GIS) resources available information for property boundaries, utilities and other features. 6. Develop roadway centerline stationing for identifying locations and other information as may be required. B. Secure detailed surface topographic survey data at constriction or other points of interest in the proposed trail alignment phase for specific locations or areas as may be required or requested. The Engineer shall provide necessary topographic survey and utility representation, for master planning purposes. Surface topographic survey shall include: 1. Location and limit of hard surfaces, by type 2. Buried utility locations by virtue of IUPPS locates and as -built plans 3. Above grade utility appurtenances 4. Gravity sanitary and storm sewer facilities as further described below within this section. (Exhibit A— Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 5. Individual trees of 4-inch diameter at breast height (DBH) or greater 6. Edge of wooded areas 7. Signs, Pavement markings, Traffic Control Devices, Street Lighting, non -roadway improvements within the survey limits. C. Secure detailed below grade topographic survey data to supplement detailed surface data from ALO1B for documenting sanitary and storm facilities. Underground structure inspections include: 1. Structure Type 2. Structure Material 3. Barrel Size 4. Rim Elevation 5. Direction, size, material and invert of present connections (as can be determined from top- side). 6. General remarks regarding the structure and structure photographs. 7. Inspection of underground drainage structures does not include: a. Confined space entry b. Video inspection of the structure, or video inspection of connecting pipe(s) c. Cleaning of structures d. Exercising lids or castings e. Employing measurement methods that are not customary to top -side structure inspections. A1.02 Inventory Existing Shared -use Network A. Collect background material from current and previous relevant planning and design efforts and studies in the South Bend community that shall be considered to establish the planning context for the work. B. Conduct a field review of the study area to document neighborhood, commercial centers and other points of interests considering frontage, designated historic facilities or neighborhoods, sidewalks, streets, alleys, trails, and other transportation amenities, destinations and highly visible or visited destinations. C. Conduct a field review of the study area to document existing conditions and identify opportunities and constraints to project(s) development considering available roadway widths, right-of-way dimensions, topography, utilities, on -street parking, driveway and alley approaches, Page 2 (Exhibit A— Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. signalized intersections, transit routes and stops, existing bicycle facilities, traffic counts, accident data, speed limits, intersection safety and current level of use. D. Review perimeter trail networks that are existing or planned by the Owner or other jurisdictional agencies. E. Review surrounding Bicycle Network(s) that are existing or planned by the Owner or other jurisdictional agencies. F. Prepare an existing Base Map from inventory activities described above. A1.03 Conduct Stakeholder Meeting(s) A. Prepare public display materials with information from A1.02 - Inventory Existing Shared -use Network superimposed. B. Conduct meetings with invited stakeholders to discuss existing conditions, potential bicycle network connections, and other considerations which may impact the project. 1. Coordinate meetings to be conducted with local stakeholders invited by the City to allow for their input on the master planning effort. 2. Conduct meetings with local stakeholders. Meetings will be conducted to gather information from identified stakeholders regarding the existing inventory and potential considerations for project ideas or considerations. These approximately four to five meetings shall be conducted over the course of one day. 3. Prepare minutes documenting comments received from the stakeholder meeting(s). These minutes will provide additional guidance for consideration by the Engineer and Owner as part of the master planning effort. C. Summarize existing conditions survey and field review results in annotated graphic format utilizing aerial mosaic mapping, photographs, and notes from field review in conjunction with stakeholder minutes and other considerations. D. Conduct a meeting with the Owner to present the findings and receive additional direction on the alternate development for respective projects. From this meeting develop the existing condition assessment that will be extended in the finalized Master Plan. The following items will be documented and delivered: 1. Brief summary of relevant plans and studies 2. Study Base Mapping 3. Summary of existing conditions and stakeholder input 4. Owner review meeting presentation materials and notes Page 3 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright D 2008 National Society of Professional Engineers for EJCDC. All rights reserved. A1.O4 Develop Proposed Trail Alignments and Crossings A. Develop alignment alternatives that will include relational diagrams, and typical sections for the design and placement of bicycle and pedestrian facilities to include alignment plan options, connections, and right-of-way cross sections for the following corridors: 1. Northshore Trail generally between Angela Boulevard through Michigan Street intersection to the East Bank Trail. 2. Lafayette Trail north of the St. Joseph River through the Triangle neighborhood for connectivity generally between Northshore Drive and Angela Boulevard. Lafayette Trail will provide a connection to East Bank Trail, Coal Line Trail, Northshore Trail and a shared -use bridge crossing St. Joseph River at or near Lafayette Street. 3. Riverside Trail beginning near the Marion Street and Michigan intersection continuing north along Riverside Drive to the south approach of the Michigan Street Bridge. B. Develop preliminary bridge concepts for the St. Joseph River bicycle/pedestrian bridges to include preliminary bridge location and alignment, preliminary elevations and structure type, and connections to trail system for the following: 1. Lafayette Boulevard Bridge that will connect the south and north sides of the river with a bicycle/pedestrian bridge at Lafayette Boulevard. Initial concepts will consider previous preliminary concepts and efforts prepared by others as a student project at University of Notre Dame. 2. East Bank Trail Bridge that will connect the west and east sides of the river at a location in the vicinity of Marion and Bartlett Streets to link the existing East Bank Trail to the proposed Riverside Trail. C. Efforts that will be performed as may be appropriate with each item described in A1.O4 A and B include the following: 1. Identify and review alignment location(s) 2. Review vertical grades, transitions, and general compliance. 3. Review constraints, intersections and crossing locations 4. Identify connectivity nodes, overlooks and other opportunity features. 5. Develop typical section(s) 6. Establish preliminary alternate horizontal/vertical alignments 7. Estimate construction requirements 8. Review ADA compliance at nodes/crossings 9. Secure supplemental topographic data as described in A1.O1 item B as may be required. Page 4 (Exhibit A —Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 10. Modify/refine path and/or crossing elements 11. Review environmental considerations 12. Review property interests/utility considerations 13. Meet and review with city staff for discussing and refining viable alternates 14. Revise and refine from comments received from city staff D. Conduct a Stakeholder Open House meeting for presenting preliminary alignments, bridge locations, and characteristic typical sections for the purpose of receiving feedback and comments. A single open -forum type meeting shall be coordinated with the Owner. E. Develop alignment exhibits/conceptual drawings reflecting lines, limits and features that are superimposed on the aerial exhibits. F. Develop Project Development Costs that will include both federal -aid and locally funded options. Cost opinions shall be developed addressing preliminary engineering, right-of-way acquisition, reimbursable utilities, and construction. G. Descriptive narratives shall be developed to highlight and reinforce exhibits and conceptual drawings. These narratives shall describe features that are not easily conveyed in graphic format or otherwise reinforce visual exhibits. A1.05 Develop Draft Master Plan A. Prepare a Draft Master Plan that shall document analysis of viable alternatives and outline the proposed recommendation that will be identified as the preferred alternative for each project described in A1.04 item B. These Preferred Alternatives will represent a preliminary project improvement plan, with refinements reserved for subsequent design phases in accordance with either federal aid or locally funded requirements. The Draft Master Plan will be written as a compilation of efforts to date, design aspects of each project, essential design data, analysis, alternative development, comparisons, costs and findings. The Draft Master Plan will also include the following: 1. Purpose and need description for each respective project 2. Document existing condition assessment extended from A1.03 deliverable. 3. Preferred alternate for five (5) projects/sections 4. Establish project priorities 5. Project development estimates / funding sources 6. Prepare implementation plan B. Review the Draft Master Plan with city staff reviewing the preferred alternates preliminary bridge concepts, and other material presented to confirm final direction on draft documents. Review Page 5 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright c0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. session will consider alignment and bridge options, recommendations, facility standards, stakeholder feedback, and other relevant development documents. C. Finalize Master Plan 1. Revise the Master Plan from city comments received. 2. Develop Presentation Exhibits and preliminary plan graphics for each trail corridor to define the location and alignment of the pedestrianibicycle facility in relation to the existing conditions, site features, and other proposed improvements including concept graphics for each bridge location to define bridge location, alignment, elevation, structure, and connection to the proposed trail improvements. Prepare aerial overview exhibit for use describing the finalized concepts and design to include overall network plan, corridor plans, and facility standards and cross -sections. 4. Prepare visual presentation exhibits and coordinate meeting material with city staff. 5. Review the Master Plan with the City. a. Provide electronic copies of the document to be circulated for feedback. b. Revise the Master Plan based on comments provided. 6. Finalize Master Plan a. Revise and refine the Master Plan based on feedback received from the Owner and prepare the following deliverables: 1) Overall trail network plan exhibit 2) Concept layout and alignment plans for each of the three alignment corridors. 3) Conceptual layout and elevation plans for each of the two bridge crossings. 4) Concept typical cross sections to define pedestrian/bicycle facility width and placement within the right-of-way 5) Prepared document that will include concepts, cost opinions, recommended implementation plan to include phasing and sequencing of projects. PART 2 — ADDITIONAL SERVICES A2.01 Additional Services Requiring Owner's Written Authorization A. If authorized in writing by Owner, Engineer shall furnish or obtain from others Additional Services of the types listed below. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) 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 effects on the design requirements for the Project of any such Page 6 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner or others. Services resulting from significant changes in the scope, extent, or character of the portions of the Project designed or specified by Engineer or its design requirements including, but not limited to, changes in size, complexity, Owner's schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date or are due to any other causes beyond Engineer's control. Providing renderings or models for Owner's use. Undertaking investigations and studies including, but not limited to, detailed consideration of operations, maintenance, and overhead expenses; the preparation of financial feasibility and cash flow studies, rate schedules, and appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing, and assisting Owner in obtaining process licensing; detailed quantity surveys of materials, equipment, and labor; and audits or inventories required in connection with construction performed by Owner. Furnishing services of Consultants for other than Basic Services. Services during out-of-town travel required of Engineer other than for visits to the Site or Owner's office. Overtime work requiring higher than regular rates. Other services performed or furnished by Engineer not otherwise provided for in this Agreement. Page 7 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. A2.02 Additional Services Not Requiring Owner's Written Authorization A. Engineer shall advise Owner in advance that Engineer is will immediately commence to perform or furnish the Additional Services of the types listed below. For such Additional Services, Engineer need not request or obtain specific advance written authorization from Owner. Engineer shall cease performing or furnishing such Additional Services upon receipt of written notice from Owner. Services in connection with work change directives and change orders to reflect changes requested by Owner. While at the Site, compliance by Engineer and its staff with those terms of Owner's or Contractor's safety program provided to Engineer subsequent to the Effective Date that exceed those normally required of engineering personnel by federal, state, or local safety authorities for similar construction sites. PART3—SCHEDULE A3.01 Professional Design Services A. No work shall begin on the project under this agreement until the Consultant receives a written notice to proceed from the Owner. B. All work by the Engineer and its consultants under this Agreement shall be completed and delivered to the Owner for review and approval within the following time periods measured in calendar days with an anticipated delivery date: (Approx. Date) a. Inventory Existing Network 45 days 02/13/17 b. Stakeholder Input Meeting 30 days 03/13/17 c. Proposed Trail Alignments 150 days 08/09/17 d. Develop Draft Master Plan 75 days from Review Meeting 11/06/17 C. All dates shown are based on a Notice to Proceed received not later than January 1, 2017. (Exhibit A —Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT B, consisting of 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated December 22, 2016. Owner's Responsibilities Article 2 of the Agreement is supplemented to include the following agreement of the parties. B2.01 In addition to other responsibilities of Owner as set forth in this Agreement, Owner shall at its expense: A. Provide Engineer with 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; and furnish copies of all design and construction standards which Owner will require to be included in the Drawings and Specifications; and furnish copies of Owner's standard forms, conditions, and related documents for Engineer to include in the Bidding Documents, when applicable. B. Furnish to Engineer any other available information pertinent to the Project including reports and data relative to previous designs, or investigation at or adjacent to the Site. C. Following Engineer's assessment of initially -available Project information and data and upon Engineer's request, furnish or otherwise make available such additional Project related information and data as is reasonably required to enable Engineer to complete its Basic and Additional Services. Such additional information or data would generally include the following: 1. Property descriptions. 2. Zoning, deed, and other land use restrictions. 3. Property, boundary, easement, right-of-way, and other special surveys or data, including establishing relevant reference points. 4. Explorations and tests of subsurface conditions at or contiguous to the Site, drawings of physical conditions relating to existing surface or subsurface structures at the Site, or hydrographic surveys, with appropriate professional interpretation thereof. Environmental assessments, audits, investigations, and impact statements, and other relevant environmental or cultural studies as to the Project, the Site, and adjacent areas. 6. Data or consultations as required for the Project but not otherwise identified in the Agreement or the Exhibits thereto. Page 1 (Exhibit B — Owner's Responsibilities) E.1CDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. ♦1- re or time F per-F of Ea e r'.. sen4ees, er any de fe t mneonfefffianeo Engineer's the erfeffnanee of Bay Cofmaeter. >the MIME,or inr E. Authorize Engineer to provide Additional Services as set forth in Part 2 of Exhibit A of the Agreement as required. F. Arrange for safe access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform services under the Agreement. G. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by Engineer (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as Owner deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. appreve all phases of the Prejeet designed or speeified by Engineer and seeh reviews, appre and eansems fmm others as may be neeessary far eempletion of eaeh phase of the Prejeet. I. Recognizing and acknowledging that Engineer's services and expertise do not include the following services, provide, as required for the Project: I. Accounting, bond and financial advisory, independent cost estimating, and insurance counseling services. 2. Legal services with regard to issues pertaining to the Project as Owner requires, Contractor raises, or Engineer reasonably requests. 3. Such auditing services as Owner requires to ascertain how or for what purpose Contractor has used the moneys paid. j. Plaeo and pay for adveftisemem for Bids in appr-epriate-pub4eatiefts-. K. Advise Engineer of the identity an4 seepe of sen4ees of any independent eensultams employe estimating, project peer revie�,N- value engmeeriag, and eeastruetabil4y revie'A-. L. Furnish to Engineer "a as !a • i4v;iaafflee Pounseling, and legal adviee) for Ownef so that Engineer may assist Owner in eollating the �fflfious Past eategeries which eamprise Total Pfajeet Costs. M. if 0,�vaer designates Et eonstmetilm manager or Bat indivi"al or emit�, other gian, or in addition te, Engineer to represent Ovffier at the Site, define and set forth as an attaeliment to this Exhibit the duties, responsibilities, and anthar4y-oFE-agineer-. N. If mare than, one ptime eomr-act is to be awmded for- the Wefk designed or speeified by Page 2 EJCDC E-500 Agreement Between Owner and Engineer for Professional Seffices. Copyright vmef's anticipated eosts for sefviees to be provided by odiers ZOOS National Society of Professional Engineers for FJCDC. All rights reserved. .. Q. Provide Engineer with the findings and reports generated by the entities providing services to Owner pursuant to this paragraph. R. Inform Engineer in writing of any specific requirements of safety or security programs that are applicable to Engineer, as a visitor to the Site. S. Perform or provide the following additional services: Page 3 (Exhibit B — Owner's Responsibilities) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rigbts reserved. SUGGESTED FORMAT (for use with E-500, 2008 Edition) This is EXHIBIT C, consisting of 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated December 22. 2016. Payments to Engineer for Services and Reimbursable Expenses Article 2 of the Agreement is supplemented to include the following agreement of the parties: ARTICLE 2 — OWNER'S RESPONSIBILITIES C2.01 Compensation for Basic Services A. Owner shall pay Engineer for Basic Services set forth in Exhibit A at Lump Sum Method of Payment (LSUM) other than services identified as Standard Hourly Rates Method of Payment not to exceed (HNTE). The total shall not exceed $100,000.00 unless an amendment is executed which increases the maximum amount payable. B. An amount of $100,000.00 based on the following: a. Aerial Working Drawing b. Detailed Topographic Survey c. Inventory Existing Shared -use Network d. Conduct Stakeholder Meetings e. Develop Proposed Trail Alignments and Crossings f Develop Draft Master Plan g. Expenses $ 4,500 (LSUM) 7,500 (HNTE) 6,500 (LSUM) 13,400 (LSUM) 55,500 (LSUM) 11,500 (LSUM) 1,100 Total Amount: $ 100,000 C2.02 Compensation for Lump Sum Method of Payment (LSUM) A. Owner shall pay Engineer for Basic Services set forth in Exhibit A as described and identified in Paragraph C2.01 with compensation as LSUM as follows: 1. Engineer may alter the distribution of compensation between individual project phases or other identified work noted herein to be consistent with services actually rendered, but shall not exceed the total Lump Sum amount unless approved in writing by the Owner. Page 1 Exhibit C —Basic Services (other than RPR and Post -Construction) — Lump Sum Method of Payment EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2. The Lump Sum includes compensation for Engineer's services and services of Engineer's Consultants, if any. Appropriate amounts have been incorporated in the Lump Sum to account for labor, overhead, profit, and Reimbursable Expenses. 3. The portion of the Lump Sum amount billed for Engineer's services will be based upon Engineer's estimate of the percentage of the total services actually completed during the billing period. B. Period of Service: The compensation amount stipulated in Compensation is conditioned on a period of service not exceeding 18 months exclusive of Construction Phase. If such period of service is extended, the compensation amount for Engineer's services shall be appropriately adjusted. C2.03 Compensation for Basic Services —Standard Hourly Rates Method of Payment (HNTE) A. Owner shall pay Engineer for Basic Services set forth in Exhibit A and as described and identified in Paragraph C2.01 with compensation as HNTE as follows: l . An amount equal to the cumulative hours charged to the Project by each class of Engineer's personnel 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 Reimbursable Expenses Schedule and Standard Hourly Rates are attached to this Exhibit C as Appendices 1 and 2. 3. Engineer may alter the distribution of compensation between individual phases of the work or other identified work noted herein to be consistent with services actually rendered, but shall not exceed the total estimated compensation amount unless approved in writing by Owner. 4. The total estimated compensation for Engineer's services included in the breakdown by phases as noted in Paragraph C2.01 incorporates all labor, overhead, profit, Reimbursable Expenses and Engineer's Consultants' charges for items identified as HNTE. 5. The amounts billed for Engineer's services under Paragraph C2.01 will be based on the cumulative hours charged to the Project during the billing period by each class of Engineer's employees times Standard Hourly Rates for each applicable billing class, plus Reimbursable Expenses and Engineer's Consultants' charges. 6. The Standard Hourly Rates and Reimbursable Expenses Schedule will be adjusted annually (as of January 1) to reflect equitable changes in the compensation payable to Engineer. Page 2 Exhibit C—Basic Services (other than RPR and Post -Construction) — Lump Sum Method of Payment EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. C2.04 Compensation for Reimbursable Expenses A. Owner shall pay Engineer for all Reimbursable Expenses at the rates set forth in Appendix 1 to this Exhibit C. B. Reimbursable Expenses include the following categories: transportation and subsiste ee iliti. tell telephone MIS and mobile phone ehafges; reproduction of reports, Drawings, Specifications, Bidding Documents, and similar Project -related items in addition to those required under Exhibit A. In addition, if authorized in advance by Owner, Reimbursable Expenses will also include expenses incurred for the use of highly specialized equipment. C. The amounts payable to Engineer for Reimbursable Expenses will be the Project -related internal expenses actually incurred or allocated by Engineer, plus all invoiced external Reimbursable Expenses allocable to the Project, the latter multiplied by a factor of 1.05. C2.05 Other Provisions Concerning Payment A. Whenever Engineer is entitled to compensation for the charges of Engineer's Consultants, those charges shall be the amounts billed by Engineer's Consultants to Engineer times a factor of 1.00. B. Factors. The external Reimbursable Expenses and Engineer's Consultants' factors include Engineer's overhead and profit associated with Engineer's responsibility for the administration of such services and costs. C. Estimated Compensation Amounts: 1. Engineer's estimate of the amounts that will become payable for specified services are only estimates for planning purposes, are not binding on the parties, and are not the minimum or maximum amounts payable to Engineer under the Agreement. 2. When estimated compensation amounts have been stated herein and it subsequently becomes apparent to Engineer that the total compensation amount thus estimated will be exceeded, Engineer shall give Owner written notice thereof, allowing Owner to consider its options, including suspension or termination of Engineer's services for Owner's convenience. Upon notice, Owner and Engineer promptly shall review the matter of services remaining to be performed and compensation for such services. Owner shall either exercise its right to suspend or terminate Engineer's services for Owner's convenience, agree to such compensation exceeding said estimated amount, or agree to a reduction in the remaining services to be rendered by Engineer, so that total compensation for such services will not exceed said estimated amount when such services are completed. If Owner decides not to suspend the Engineer's services during the negotiations and Engineer exceeds the estimated amount before Owner and Engineer have agreed to an increase in the compensation due Engineer or a reduction in the remaining services, then Engineer shall be paid for all services rendered hereunder. 3. To the extent necessary to verify Engineer's charges and upon Owner's timely request, Engineer shall make copies of such records available to Owner at cost. Exhibit C—Basic Services (other than RPR and Post -Construction) —Lump Sum Method of Payment EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. This is Appendix 1 to EXHIBIT C, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated December 22, 2016. Reimbursable Expenses Schedule Current agreements for engineering services stipulate that the Reimbursable Expenses are subject to review and adjustment per Exhibit C. Reimbursable expenses for services performed on the date of the Agreement are: Reproducible Copies (Paper) $0.35 /sq. ft. Mileage (auto) $0.44 /mile Page 1 Exhibit C—Appendix 1: Reimbursable Expenses Schedule EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. STANDARD FEE AND REIMBURSEMENT SCHEDULE Indianapolis, IN I Louisville, KY Effective January 2016 Rates indicated are subject to semi-annual review and revision REIMBURSABLE EXPENSES Mileage Standard mileage rate Travel, Lodging, and Meats Cost Telephone, Telex, Telecopy, Faxes, etc. Cost Postage, Handling, etc. Cost Copies Black & White (8 1/2 x 111 $0.05/copy Black & White (11 x 171 $0.10/copy Color In -House Printer 81/2 x 11 Inkjet $1.00 81/zx11 Presentation $1.50 81/2 x 11 Photo Paper $2.50 11 x 17 Inkjet $2.00 11 x 17 Presentation Paper $2.75 11 x 17 Photo Paper $3.50 CI] Copies $5.00 Plots Black & White In -House Plots Bond $1.00 SF Vellum $1.50 SF Mylar $1.75 SF Color In -House Plots Heavy bond $4.00 SF Semi -Gloss $5.00 SF High-Gtoss $6.00 SF Materials Cost + 5%e Equipment Rental Cost + 5% Subcontract Services Cost + 5% INVOICES Invoicing and payment schedule are detailed in the contract. Balances remaining unpaid after thirty (30) days are subject to a monthly finance charge of 1.5% (18%annually) until paid. RUNOELL ERNSTBERGER ASSOCIATES INDIANAPOLIS, IN I LOUISVILLE, KY Iwww.reasile.com This is Appendix 2 to EXHIBIT C, consisting of 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated December 22, 2016. Standard Hourly Rates Schedule A. Standard Hourly Rates: 1. Standard Hourly Rates are set forth in this Appendix 2 to this Exhibit C 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 Article C2. B. Schedule: Hourly rates for services performed on or after the date of the Agreement are listed as provided on the following schedule: Appendix C2 Sheet Lawson -Fisher Associates P.C. A Rundell Ernstberger Associates, Inc. B Page 1 Exhibit C — Appendix 2: Standard Hourly Rates Schedule EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. Lawson -Fisher Associates P.C. Hourly Rate Schedule Sheet "A" Principal $225.00 /hour Engineer IV $175.00 /hour Engineer III $140.00 /hour Engineer II $120.00 /hour Engineer I $105.00 /hour Engineer Intern $90.00 /hour Surveyor Chief $100.00 /hour Surveyor Technician $90.00 /hour CAD Technician II $115.00 /hour CAD Technician I $90.00 /hour Project Information II $105.00 /hour Project Information 1 $75.00 /hour Exhibit C — Appendix 2: Standard Hourly Rates Schedule EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. Rundell Ernstberger Associates, Inc. Hourly Rate Schedule Sheet "B" STANDARD FEE AND REIMBURSEMENT SCHEDULE Indianapolis, IN I Louisville, KY Effective January 2016 Rates indicated are subject to semi-annual review and revision PROFESSIONAL AND TECHNICAL STAFF Principal LA $205.00/hour PlannerI $190.00/hour Civil Engineer 1 $150.00/hour Associate LA $145.00/hour Professional Staff (Registered LA) $125.00/hour Planner 11 $120.00/hour Technical Staff (Graduate LA/Planner) $100.00/hour Administrative $75.00/hour A surcharge of fifty percent (50%) will be added to hourly rates for expert witness testimony and/or for participation at hearings, depositions, etc. RUNDELL ERNSTBERGER ASSOCIATES INDIANAPOLIS. INI 1 LOUISVILLE, I(Y I www reasile.com This is EXHIBIT G, consisting of 1 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated December 22, 2016. Insurance Paragraph 6.04 of the Agreement is supplemented to include the following agreement of the parties. G6.04 Insurance A. The limits of liability for the insurance required by Paragraph 6.04.A and 6.04.13 of the Agreement are as follows: 1. By Engineer: a. Workers' Compensation: b. Employer's Liability -- 1) Each Accident: 2) Disease, Policy Limit: 3) Disease, Each Employee: c. General Liability -- 1) Each Occurrence (Bodily Injury and Property Damage): 2) General Aggregate: d. Excess or Umbrella Liability -- 1) Each Occurrence: 2) General Aggregate: Statutory $1,000,000 $1,000,000 $1,000,000 $1,000,000 $2,000,000 $5,000,000 $5,000,000 e. Automobile Liability --Combined Single Limit (Bodily Injury and Property Damage): Each Accident $1,000,000 f. Professional Liability- 1) Each Claim Made $2,000,000 2) Annual Aggregate $2,000,000 g. Other (specify): $ N/A B. Additional Insureds: 1. The Owner shall be listed on Engineer's general liability policy as provided in Paragraph 6.04.A. Page 1 (Exhibit G - Insurance) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for E.ICDC. All rights reserved. This is EXHIBIT 1, consisting of 1 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated December 22, 2016. Limitations of Paragraph 6.10 of the Agreement is supplemented to include the following agreement of the parties: A. Limitation of Engineer's Liability 1. Engineer's Liability Limited to Amount of Insurance Proceeds: Engineer shall procure and maintain insurance as required by and set forth in Exhibit G to this Agreement. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, the total liability, in the aggregate, of Engineer and Engineer's officers, directors, members, partners, agents, employees, and Consultants to Owner and anyone claiming by, through, or under Owner for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from, or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, breach of contract, indemnity obligations, or warranty express or implied, of Engineer or Engineer's officers, directors, members, partners, agents, employees, or Consultants (hereafter "Owner's Claims"), shall not exceed the total insurance proceeds paid on behalf of or to Engineer by Engineer's insurers in settlement or satisfaction of Owner's Claims under the terms and conditions of Engineer's insurance policies applicable thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense, and appeal). If no ....,.i. ingura~e' Engineer— . . . ied with respect to Ovmef's Claims, then the ietal liability, iR the aggregat Engineer's members, e e GefistiftapAs to Ovffier- a anyone ela4ning by, a tf... gh under Owner for- any and all Sue stir aid O A%ems Claims shall not exceed $ B. Indemnification by Owner: To the fullest extent permitted by law, Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Owner or Owner's officers, directors, members, partners, agents, employees, consultants, or others retained by or under contract to the Owner with respect to this Agreement or to the Project. Page 1 (Exhibit I - Limitations on Liability) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for E.1CDC. All rights reserved. This is EXHIBIT J, consisting of 1 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated December 22. 2016. Provisions Paragraph(s) of the Agreement is/are amended to include the following agreement(s) of the parties: [ Not Used Page 1 (ExhibitJ - Special Provisions) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved.