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HomeMy WebLinkAboutPSA - DLZ Indiana - Cemetery Entrance, Colfax St. Two Way Conversion, Improvements to Elm St and LaSalle St1316 COUNTY -CITY BUILDING 227 W. JEFFERsoN BOULEVARD SOUTH BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS February 28, 2017 Gary Fisk DLZ Indiana LLC 2211 E Jefferson Blvd South Bend, IN 46615 RE: Professional Services Agreement Dear Mr. Fisk: PHONE 574/235-9251 FAX 574/235-9171 The Board of Public Works, at its meeting held on February 28, 2017, approved the above referenced agreement for the design of Cemetery entrance, Colfax St. Two -Way Conversion, and Improvements to Elm St. and LaSalle St. in the amount not to exceed $214,950. 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: Corbitt Kerr, Community Investment Chris Dressel, Community Investment GARY A. GILOT SUZANNA M. FRITZBERO ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU 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 EJCDCni� ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by AGC of America C000 R,0.ACEC QwlityT1If AW)CIAM) 6fMMaple. QuakyP Jeds. SCE American Society National Society of Professional Engineers of Civil 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 © 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 American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202)347-7474 www.acec.ore American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.ore Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703)548-3118 www.aec.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 © 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............................................................................................................... 4 5.01 Opinions of Probable Construction Cost...................................................................................... 4 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.............................................................................. 6 6.03 Use of Documents.........................................................................................................................6 6.04 Insurance....................................................................................................................................... 7 6.05 Suspension and Termination........................................................................................................ 8 6.06 Controlling Law.......................................................................................................................... 10 6.07 Successors, Assigns, and Beneficiaries...................................................................................... 10 6.08 Dispute Resolution...................................................................................................................... 10 6.09 Environmental Condition of Site................................................................................................ 10 6.10 Indemnification and Mutual Waiver.......................................................................................... 11 6.11 Miscellaneous Provisions........................................................................................................... 12 ARTICLE 7 — DEFINITIONS .......... 7.01 Defined Terms .............. 13 13 ARTICLE 8 — EXHIBITS AND SPECIAL PROVISIONS........................................................................... 16 8.01 Exhibits Included........................................................................................................................ 16 8.02 Total Agreement......................................................................................................................... 17 8.03 Designated Representatives........................................................................................................17 8.04 Engineer's Certifications............................................................................................................. 17 EJCDCSW_� ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE AGREEMENT BETWEEN OWNER AND ENGINEER 1N PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of February 28 , 2017 ("Effective Date") between Board of Public Works, City of South Bend, Indiana ("Owner") and DLZ Indiana, LLC, 2211 E Jefferson Blvd, South Bend, IN 46615 ("Engineer"). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: Colfax Avenue Two -Way Conversion —City Project No. 115-053 Engineer's services under this Agreement are generally identified as follows: 1. Design and Plans for the Two-way Conversion of Colfax Avenue, 2. Design and Plans for the Two-way Conversion of W. Lasalle Avenue, 3. Design and Plans for Street Improvement Along Elm Street, 4. Design and Plans for Landscaping of Cemetery Entrance and Receiving Area, 5. Design and Plans for Intersection Improvement at Colfax Avenue with Studebaker Street, 6. Right of Way Services Owner and Engineer further agree as follows: 1) The Engineer shall perform a topographic survey in accordance with limits shown (See Exhibits A.1. and A.2.) 2) The Engineer shall perform a traffic study for the intersection of Colfax Avenue with LaPorte Avenue 3) The Engineer shall develop design and plans for: a. The two-way conversion of Colfax Avenue, from the intersection of W. Lasalle Avenue (Sommers Court) to LaPorte Avenue, b. The two-way conversion of W. Lasalle Avenue (Sommers Court) from Colfax Avenue to LaPorte Avenue, EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. c. Realignment for the intersection of Colfax Avenue with W. Lasalle Avenue (Sommers Court), d. Curb and sidewalk replacement along of Elm Street, from Washington Street to and including the intersection of Colfax Avenue with Elm Street, e. Intersection improvements at Colfax Avenue with Studebaker Street, f. The removal and replacement of street trees in the tree lawn on both sides of Elm Street, from Washington Street to Colfax Avenue, g. Landscaping for entrance to the city cemetery, including lighting design (See Exhibits A.3. and A.4.), h. Traffic signal design, if required 4) The Engineer shall assist Owner in holding one (1) public information meeting, as required. 5) The Engineer shall provide right of way services for the Owner to acquire up to five (5) properties from west of Elm Street to the intersection of Colfax Avenue and W. Lasalle Avenue (See Exhibit A.5.). ARTICLE 1— 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 Page --- EJCDC E-500 Agreement Between Owner and Engineer for Professional services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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. 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 35 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: 4-. amaiints diie Engineer will be inefeased at the rate of o per month (of the maximunfl. rate of interest permitted by law, if less) from said thiftietl.. ay; and 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. Page EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copvriaht © 2008 National Society of Professional Eneineers for EJCDC. All riches reserved. ARTICLE 5 — OPINIONS OF COST 5.01 Opinions ofProbable 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. 5.02 Designing to Construction Cost Limit A. If a Construetion Cost limit is established between Ownef and Eiigirieer, sueh Construction Gos limit and a statement of Engineer's rights and responsibilities with respeet thereto will -W-e speeifieally set forth in Exhibit i , "Genst.. etion Gent 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 -furnished 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 6.0l.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. Page 4 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. E. Compliance with Laws and Regulations, and Policies and Procedures: 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 6.0l.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 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 ra4:es mutually agree to usew other bvu..a 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. Page 5 EJCDC E-500 Agreement Between Owner and Engineer for Professional services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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 A1.06. 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 Construction Phase engineering or professional services except for those services that are expressly required of Engineer in Exhibit A, Paragraph A1.06. 6.03 Use of Documents 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 Documents are instruments of service in f-espeet to this Projeet, and Engineer shall retain an ownership and property interest the 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. eleetranie transmittal preeedures, such are set forth in Exhibit T 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 Page 6 EJCDC E-500 Agreement Between owner and Engineer for Professional Services Convrieht c0 2008 National Societe, of Professional Engineers for EJCDC. All rights reserved. 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, 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. 1. At completion of any geoteelimiral or material — investigation serwiees and upon payment o monies due the Engineer for those serviees, 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. Owner shall procure and maintain insurance as set forth in Exhibit G, "Insurance." Owner shall cause Engineef and its Consultants to be listed as additional insureds an any general liability applieable to the Prejeet-. Pagel EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Societv of Professional Engineers for EJCDC. All rights reserved. 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. Owner an Engineer shall eae-Irdeliver 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 that renewal will not be refused, until at 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 Ternfination 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: Page 8 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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 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: 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.D1, 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. Page 9 EJCDC E-500 Agreement Between owner and Engineer for Professional Services Copyright cO 2005 National Society of Professional Engineers for EJCDC. All rights reserved. 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: 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. Owner agrees that the substance of the provisions of this Paragraph 6.07.0 shall appear in the Contract Documents. 6.08 Dispute Resolution A. Ownef and Engineer agree to negetiate all disputes between them in geed faith far- a period of 3 days from the da4e of nefiee prier to invoking the preeediffes of Exhibit 14 or other provisions -Of this Agreement, of exereising theif rights tindef law. B. if the pai4ies fail to reselve a dispute thfeiigh negetiation undef Paragraph 6.08.A, then either -ef beth may invoke theproeedteres ev Exhibit ibim—If Exhibit H is not included, or if no dispute resolution method is specified in Exhibit H, then the parties may exercise their rights under law. 6.09 Environmental Condition ofSite 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. EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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," "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 Page 11 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society, of Professional Engineers for EJCDC. All rights reserved. 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 parry 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 parry at its address on the signature page and given personally, by facsimile, by 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. Page 12 EJCDC E-500 Agreement Behveen Owner and Engineer for Professional Services Copyright 0 2008 National society of Professional Engineers for EJCDC. All rights reserved. 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: 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 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. Page 13 EJCDC E-500 Agreement Between Owner and Engineer for Professional services Copyright © 2008 National society of Professional Engineers for EJCDC. All rights reserved. 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. 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. Page 14 EJCDC E-500 Agreement Between Owner and Engineer for Professional services Coovriaht © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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 famished 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. 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, Page 15 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National SDdetY of Professional Engineers for EJCDC. All rights reserved. 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. A.I. Appendix 1 of Exhibit A, Survey Limits for Colfax Avenue with Elm Street and W. Lasalle Avenue A.2. Appendix 2 of Exhibit A, Survey Limits for W. Colfax Avenue with Studebaker Street A.3. Appendix 3 of Exhibit A, Lighting Design A.4. Appendix 4 of Exhibit A, Landscape Design A.5. Appendix 5 of Exhibit A, R.O.W. Acquisition B. Exhibit B, Owner's Responsibilities. C. Exhibit C, Payments to Engineer for Services and Reimbursable Expenses. C. 1. Appendix 1 of Exhibit C, Standard Hourly Rates D. Exhibit D, Duties, Responsibilities and himitations of Authority of Resident Prejee Representative: NOT INCLUDED E. Exhibit E Netiee of A ,...ept abilifY ofWork. NOT INCLUDED F. Exhibit >r Construction Cost r ;.....;. NOT INCLUDED x . Exhibit r , ccacoccacuaac cv.rzzm'rir, G. Exhibit G, Insurance. II Exhibit 14,,;,.. ete Reseltitien. NOT INCLUDED 1. Exhibit 1, Limitations of Liability. 1 Exhibit j, SpecialProvisions. 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. K. Exhibit a Amendment to Owner Enginee gree„. „. NOT INCLUDED L. Exhibit L, Project Schedule. 8.02 TotalAgreenient: 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 anything 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. Page 17 EJCDC E-500 Agreement Behveen 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 By: 1 &Atizt Title: Gary A. Gilot, President By: OC U& — Title: Eliza eth A. Maradik, Member By: Title: Therese J. D au, ember M. Title: By: James A. Mueller, Member IA.( Title: .SuzannaQ. . Fritzberg, e e Attest: Title: da Martin, Clerk Date: Y/ ­�6 (7 Address for giving notices: 227 West Jefferson Boulevard South Bend, Indiana 46601 Designated Representative (Paragraph 8.03.A) Patrick Corbitt Kerr, Ph.D., P.E. Title: Dir. of Redevelopment Engineering Phone Number: (574) 235-5931 Facsimile Number: (574) 235-9171 E-Mail Address: cken•@southbendin.gov Engineer: DLZ Indiana, LLC By: t Title: Gary K. F sk, P.E., Vice President Date: OZLZ4 Engineer License or Firm's 860383 Certificate No. State of: IN Address for giving notices: 2211 E.Jefferson Boulevard South Bend, Indiana 46615 Designated Representative (Paragraph 8.03.A): Paul D. Foster Title: Assistant Hishway Department Manager Phone Number: 574-236-4400 Facsimile Number: 574-236-4471 E-Mail Address: ofoster@dlz.com Page 18 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 A, consisting of 16 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated February 28, 2017. Engineer's 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 Study and Report Phase A. Engineer shall: Consult with Owner to define and clarify Owner's requirements for the Project and available data. 2. Advise Owner of any need for Owner to provide data or services of the types described in Exhibit B which are not part of Engineer's Basic Services. 3. Identify, consult with, and analyze requirements of governmental authorities having jurisdiction to approve the portions of the Project designed or specified by Engineer, including but not limited to mitigating measures identified in the environmental assessment. 4. Identify and evaluate two (2) alternate solutions available to Owner and, after consultation with Owner, recommend to Owner those solutions which in Engineer's judgment meet Owner's requirements for the Project. 5. Prepare a report (the "Report") which will, as appropriate, contain schematic layouts, sketches, and conceptual design criteria with appropriate exhibits to indicate the agreed -to requirements, considerations involved, and those alternate solutions available to Owner which Engineer recommends. For each recommended solution Engineer will provide the following, which will be separately itemized: opinion of probable Construction Cost; contingencies; the estimated total costs of design, professional, and related services to -i-e pro,vided by Engineer and its Gensultants; and, en the basis of information f6mished-by T..t,.l Proj et Costs 6. Perform or provide the following additional Study and Report Phase tasks or deliverables: a. Traffic Study for the intersection of Colfax Avenue with LaPorte Avenue (Sommers Court). DLZ's scope of services will include the following tasks: 1) The Engineer shall coordinate with Owner for placement of signs at project site notifying the public that a study is underway to remove signals. Page 1 (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. 2) The Engineer shall review 12-hour manual turning movement counts at the intersections of a) Colfax Avenue and LaPorte Avenue and b) W. Lasalle Avenue and LaPorte Avenue. 3) The Engineer shall review crash data (provided by Owner) for the most current three (3) years for the intersections of Colfax Avenue/LaPorte Avenue and W. Lasalle Avenue/LaPorte Avenue. 4) The Engineer shall coordinate with city traffic department who will provide an opinion of the condition of the existing traffic signal equipment. 5) The Engineer shall distribute the traffic at the study intersection for the two-way conversion. This distribution shall be made for both AM and PM peak periods and shall be presented in tabular format. 6) The Engineer shall perform a traffic signal warrant analysis for the study intersection in accordance with the Indiana Manual on Uniform Traffic Control Devices (IMUTCD). 7) The Engineer shall perform a multi -way stop warrant analysis for the study intersection in accordance with the IMUTCD. 8) The Engineer shall perform a sight distance analysis for the study intersection in accordance with the American Association of State Highway and Transportation Officials (AASHTO). 9) The Engineer shall perform HCS intersection capacity analysis for 2017 AM & PM peak only for Colfax/LaPorte; signal and/or stop controlled 10) Based on the preceding tasks, the Engineer shall recommend intersection improvements for the study intersection. This task will include the general intersection control recommendation, turn lane recommendations, storage and taper lane lengths, if required. An opinion of probable construction cost will be prepared for the recommended solution. Preparation of schematic plans of any recommended geometric improvements are Not included in this task. I1)If during the study it is determined that the existing traffic signal is warranted, the Engineer shall coordinate with Ed Gleckler, City of South Bend Traffic and Lighting, to determine the condition of the existing traffic signal equipment to verify that a signal modification is the appropriate course of action. b. The Engineer shall perform 12-hour manual turning movement counts at the intersections of a) Colfax Avenue and LaPorte Avenue and b) W. Lasalle Avenue and LaPorte Avenue. The traffic data is to be collected simultaneously at both intersections, from 6AM to 6PM on a weekday. The Owner may elect to provide this information to the Consultant. 7. Furnish 3 review copies of the draft Report and any other deliverables to Owner within 30 calendar days of the Effective Date and review it with Owner. Within 14 calendar days of receipt, Owner shall submit to Engineer any comments regarding the Report and any other deliverables. Revise the Report and any other deliverables in response to Owner's comments, as appropriate, and furnish 3 copies of the final Report and any other deliverables to the Owner within 14 calendar days of receipt of Owner's comments. 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. B. Engineer's services under the Study and Report Phase will be considered complete on the date when the revised Report and any other deliverables have been delivered to Owner. A 1.02 Preliminary Design Phase — 30% and 50% A. Concurrently with the preparation of the draft Traffic Study Report, and upon written authorization from Owner, Engineer shall: 1. Provide necessary field and topographic surveys for design purposes including the following (For survey limits, See Exhibits A.I. and A.2.): a. Establish horizontal and vertical control throughout the project limits. Horizontal control will be based on Indiana State Plane Coordinates, East Zone, NAD83. Vertical control will be based on NAVD88. b. Request the marking of the underground utilities through the Indiana 811 service c. Provide approximately 1,300 lineal feet of topographic mapping within the limits indicated in Exhibits A.1. and A.2. The width of the survey corridor will be the apparent right-of- way. The mapping will include features such as curbs, sidewalks, traffic poles, underground utility markings and etc. The height of overhang features such as canopies and traffic signals will be an additional service. The detailing of ADA access points, if required, will be an additional service. d. Locate and provide rim elevations for located castings (manholes, catch basins and curb inlets) within the project limits, including those just beyond the curb line. e. Detail sanitary and storm structures to determine invert elevations, type and size of pipes. f. Create topographic base map from the survey data. g. Include approximate property and right-of-way lines based on City GIS, recorded subdivision plats, and found evidence. 2. Prepare Preliminary Design Phase documents consisting of final design criteria, preliminary drawings, outline specifications, and written descriptions of the Project, including (See Exhibit A.1.): a. Develop Preliminary Design and Plans for the two-way conversion of Colfax Avenue from W. Lasalle Avenue (Sommers Court) to LaPorte Avenue, the two-way conversion of W. Lasalle Avenue (Sommers Court) from Colfax Avenue to LaPorte Avenue, the realignment for the intersection of Colfax Avenue with W. Lasalle Avenue (Sommers Court) including drainage modifications and the addition of the Cemetery Visitor Parking Lot, sidewalk replacement, as required, along Elm Street from Washington Street to and including the intersection of Colfax Avenue with Elm Street, and the removal and replacement of street trees in the tree lawn on both sides of Elm Street from Washington Street to Colfax Avenue. Page 3 (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. 1) Develop a preliminary horizontal alignment through the project limits, 2) Develop a cover sheet and typical section, 3) Develop a preliminary pavement marking and signing plan, 4) Visually inspect curb, sidewalk, and drive approaches on Elm Street to determine its existing condition. If possible, `good' conditions shall be left in place. `Poor' and `worse' conditions shall be called for removal and replacement. Changes in pavement and replacement of drainage structures are not anticipated. 5) Design curb ramps for four (4) quadrants at intersection of Colfax Avenue with Elm Street, two (2) quadrants on the north side of Colfax Avenue with W. Lasalle Avenue (Sommers Court), and two (2) quadrants on the north side of Elm Street with Washington Street. The Engineer shall develop geometries for all curb ramps. 6) Develop preliminary draft/outline specifications (50%submittao, 7) Quantity calculations and opinion of probable construction costs (50% submittal), 8) The Engineer's landscape architects' scope of work addresses detailed design for `Elm Streetscape Improvements" as identified in the City Cemetery Master Plan. This work will include review of design guidelines expressed in the Master Plan and City Landscape Ordinance; evaluation of existing R/W tree and tree lawn conditions for a one block section of Elm Street between W. Washington and W. Colfax; and development of a detailed Planting Plan for street trees. This work shall include applicable written specifications and special provisions; quantity take -off and a statement of probable construction cost. Also included are review of planting selection with the City Forrester and coordination with existing and / or proposed utilities, lighting and signage. This scope does not include design of plant irrigation system. b. Building Demolition to include: 1) Engineer shall develop bid specifications for the demolition and limited site restoration for up to four (4) residential properties to be included in the plans as part of the Colfax Avenue Two -Way Conversion Project. Engineer shall also assist the Owner during the bid phase and provide periodic Construction Observation during the demolition phase to become generally familiar with the progress and quality of work completed and to determine in general if the work is being performed in a manner that is in accordance with the contract documents when work is completed. The Engineer shall provide a field observation report after each site visit. The Owner may elect Building Demolition to be performed separate from the project as identified in Exhibit B2.01. 2) The Engineer shall identify the general approach/guidance as how utility abandonment will occur. This shall include general provisions for the plugging and capping of lines to be abandoned/demolished, which connect to active lines intended to remain in place throughout demolition. c. Prepare Preliminary Lighting Design and Plans including: 1) The Engineer shall develop the lighting design and plans for Elm Street, from Washington Street to and including the intersection of Colfax Avenue with Elm Street, and for the Visitor Parking Lot. Lighting will be continuous along Elm Street (See Exhibit A.4.). 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. 2) The Engineer shall perform lighting photometric calculations using Visual software. Illumination levels shall meet Owner's standards or in the absence of such standards, Illuminating Engineering Society of North America (IES) standards. 3) The Engineer shall coordinate with the utility company and identify service point locations and perform voltage drop calculations. 4) The Engineer shall prepare quantities, cost estimate, and special provisions. 5) Ornamental Light poles may be utilized. The Owner shall provide pole and fixture specification to be used for the project. 6) If ornamental light poles are utilized, foundation design will be performed in accordance with manufacturer's recommendations. d. Traffic Signal Modification Design, if Required 1) The Engineer shall design a traffic signal modification, or new traffic signal installation or the installation of stop signs, as required, at the intersection of Colfax Avenue with LaPorte Avenue using Owner's standards. Specifications for use in bidding and an opinion of probable construction cost shall be prepared. It is assumed that no lane additions or roadway widening will be required to accommodate two-way traffic or turn lanes. 3. Intersection Improvement of Colfax Avenue and Studebaker Street including (See Exhibit A.2.): a. Develop Design and Plans for removal of guardrail on the south side of Colfax Avenue with Studebaker Street intersection. b. Design roadway removal and restoration work of Colfax Avenue from Birdsell Street to Studebaker Street. 1) Develop a preliminary horizontal alignment through the project limits, 2) Develop a cover sheet and typical section, 3) Develop preliminary design and plans including: i) Curb ramps for (2) quadrants on the south side of the intersection of Colfax Avenue with Studebaker Street. The Engineer shall develop geometries for all curb ramps ii) Develop plans for new curb and sidewalk along the east side of Birdsell Street and along the south side of Orange Street iii) Develop plans to extend existing asphalt alley from Colfax Avenue to merge with Orange Street 4) Develop preliminary specifications, 5) Quantity calculations and opinion of probable construction costs. c. Prepare exhibits for street vacation as required by Owner on W. Colfax Avenue from Birdsell Street to the North -South Alley east of Birdsell Street. 4. The Engineer shall engage a Subconsultant to develop Landscape Design and Plans for the City of South Bend Cemetery Gathering Plaza (See Exhibit A.4.) located along Elm Street, from Colfax Avenue to the entrance of the City Cemetery, and extending east along the north Page 5 (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. side of Colfax Avenue to the realigned intersection of Colfax Avenue and W. Lasalle Avenue. The Subconsultant shall addresses detailed design for "Cemetery Entrance Improvements" for the greenspace between W. Colfax and the Cemetery entrance as identified in the City Cemetery Master Plan. The addition of the Cemetery Visitor Parking Lot will be designed by the Engineer and included in the realignment of Lasalle Avenue, as identified in Exhibit A.1.02.A.2. a. The Development Concept is intended to conform to the historic context of the Cemetery and includes the following features and materials: 1) Concrete sidewalks. 2) Decorative permeable pavements. 3) Masonry columns. 4) Masonry planters / seat walls 5) Prefabricated shelter, concrete footings and slab. 6) Cemetery sign restoration. 7) Decorative site lighting. 8) Site furnishings including benches, picnic tables and waste receptacles. 9) Drinking fountain. 10) Park information sign. 11) Landscape berm. 12) Landscape plantings. 13) Turf grass. b. This work shall include applicable written specifications and special provisions; quantity take -off and a statement of probable construction cost. Also included are review of planting selection with the City Forrester and coordination with existing and / or proposed utilities, lighting and signage. This scope does not include design of plant irrigation system. 5. Right of Way Acquisition Services (See Exhibit A.5.) a. Provide the services of qualified professionals and Subconsultants to perform Acquisition Services, including title abstracting, appraisal, negotiation, acquisition coordination, and relocation services for up to five (5) residential properties to be acquired along Colfax Street, W. Lasalle Avenue (Sommers Court), and Elm Street in the City of South Bend, Indiana. 1) The Engineer shall engage a Subconsultant to provide preliminary title abstracting for each parcel to be acquired. Title abstracting shall also include supplemental title updates following acquisition of right of way for verification of title information prior to submitting secured parcels to the City of South Bend for payment processing. Title insurance commitment, title policy and title company closing services shall be Additional Services as identified in Exhibit A, paragraph A2.01.A. 2) Prepare a legal description for up to five (5) parcels. 3) The Engineer shall engage two (2) Subconsultants to complete appraisal services for each parcel to be acquired. Page 6 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer fm• Professional Services Copyright c0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 4) The Engineer shall engage a Subconsultant and/or utilize Engineer's staff to provide negotiation and acquisition coordination services including the following activities: i) Provide completed appraisals for review and authorization by the Owner and identification of amount to be offered prior to initiation of negotiation activities. ii) The Engineer shall prepare preliminary offer documents and submit to the Owner's designated representative for review and approval prior to commencing negotiations with each property owner. iii) Upon review and approval of preliminary offer and conveyance documents by the Owner's designated representative and/or the Owner's legal staff, the Engineer shall commence negotiation activities with each property owner. iv) The Engineer shall coordinate lien release(s) when directed by the Owner to provide clear title to each parcel for properties not requiring title commitment and title policy issuance by title company. v) The Engineer shall attempt to resolve acquisition disputes and coordinate Administrative Settlements, upon approval and direction by the Owner, if necessary. vi) The Engineer shall coordinate with the Owner for closing services and distribution of payment for properties not requiring title commitment and title policy issuance by title company. vii) When directed by the Owner, the Engineer shall prepare condemnation reports for unsecured parcels. viii) The Engineer shall provide assistance in the event of condemnation as Additional Services as identified in Exhibit A, paragraph A2.01.A. 5) Engineer shall engage Subconsultant to provide the following relocation services: i) Relocation agent shall accompany the appraiser during the appraisal observation to assist and coordinate in the identification of personal property and real property. ii) The relocation agent shall initiate research of comparable properties for relocating the owner and/or tenant upon completion of the appraisal. The appraisal will identify the building and land values used to be researched in the identification of comparable properties. iii) The Engineer shall provide assistance and coordination with the relocation agent for processing all relocation documents and vouchers associated with relocation activities for review and/or approval by Owner. Relocation documents and vouchers shall be separate from buying documents and shall be processed and coordinated accordingly. 6) The Engineer shall provide the following Deliverables to the Owner: i) Final right of way parcel files for Owner records. 7) The Engineer shall attend such conferences with the Owner and other interested parties and/or agencies, as may be required, in connection with this work. 8) Services resulting from significant changes in the general scope, extent or character of the Project or its design 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, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports, or documents, or are due to any other causes beyond the Engineer's control, shall require a change in Page 7 (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. PWIDWM MR mum Mpr9PIMM 6. Provide utility coordination and mapping for design purposes. Utility mapping will be based upon information obtained from utility Owners. a. Contact all Utilities that are anticipated to be located within the project corridor to: 1) Notify the Utilities of the proposed project improvements. 2) Request utility maps from each Utility showing their facilities that may be located within the project location. 3) Evaluate utility maps to verify there are no apparent conflicts with the grinding of existing stumps, tree removal and/or planting of new trees within the tree lawn. 4) Coordinate with the Utilities as required to plant remove trees, stumps the plant new trees along the corridor. 7. Schedule and hold a kick-off meeting with the Owner. 8. Advise Owner if additional reports, data, information, or services of the types described in Exhibit B are necessary and assist Owner in obtaining such reports, data, information, or services. 9. Based on the information contained in the Preliminary Design Phase documents, prepare a revised opinion of probable Construction Cost, and assist Owner in collating the various cost categories which comprise Total Project Costs. 10. Per -form or provide the following additional Preliminafy Design Phase tasks or deliver-ables: 11. Furnish (3) 11"x17", (1) full size, and (1) electronic review copies of the Preliminary Design Phase documents and opinion of probable construction costs to Owner within 45 calendar days of authorization to proceed with this phase, and review them with Owner. Within 7 calendar days of receipt, Owner shall submit to Engineer any comments regarding the Preliminary Design Phase documents and any other deliverables. 12. Revise the Preliminary Design Phase documents and any other deliverables in response to Owner's comments, as appropriate. Copies of the revised Preliminary Design Phase documents, and revised opinion of probable Construction Cost shall be submitted to the Owner with the final plans submittal. B. Engineer's services under the Preliminary Design Phase will be considered complete on the date when the Owner's comments for the Preliminary Design Phase documents, revised opinion of probable Construction Cost, and any other deliverables have been delivered to Engineer. Page 8 (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. AL03 Public Involvement Phase A. The Engineer shall assist the Owner in holding up to three (3) informal Public Information Meeting. The Engineer shall provide the following services, as required, for the meeting: 1. Prepare meeting materials for the meeting, including displays and handouts. 2. Prepare a strip map, as required. 3. Prepare a Power Point presentation to present at the meeting, as required. 4. Attend the meeting to facilitate the meeting, present the project and answer questions from the public concerning the project. AL04 Final Design Phase — 90% A. After acceptance by Owner of the Preliminary Design Phase documents, revised opinion of probable Construction Cost as determined in the Preliminary Design Phase, and any other deliverables subject to any Owner -directed modifications or changes in the scope, extent, character, or design requirements of or for the Project, and upon written authorization from Owner, Engineer shall: 1. Develop spot elevations and detail curb ramps for the following intersection quadrant locations: a. Four (4) quadrants at intersection of Colfax Avenue with Elm Street, two (2) quadrants on the north side of Colfax Avenue with W. Lasalle Avenue (Sommers Court), and two (2) quadrants on the north side of Elm Street with Washington Street. b. Two (2) quadrants on the south side of the intersection of Colfax Avenue with Studebaker Street. 2. Prepare final Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. 3. Prepare and submit the application and back-up documentation for the following permits, as required: a. Engineer shall prepare and submit an IDEM Rule 5 Erosion Control Permit. Engineer shall monitor the approval process and provide customary additional information that may be required to secure the permit. 4. Advise Owner of any adjustments to the opinion of probable Construction Cost known to Engineer. (Exhibit A —Engineer's services) EJCDC E. 500 Agreement Behveen Owner and Engineer for Professimml services Copyright © 2008 National society of Professional Engineers for E.ICDC. All rights reserved. 6. Prepare and furnish bidding documents for review by Owner, its legal counsel, and other advisors, and assist Owner in the preparation of other related documents. Within 14 days of receipt, Owner shall submit to Engineer any comments and, subject to the provisions of Paragraph 6.0l.G, instructions for revisions. 7. Revise the bidding documents in accordance with comments and instructions from the Owner, as appropriate, and submit (3) 11"x17", (1) full size, and (1) electronic final copies of the bidding documents, a revised opinion of probable Construction Cost, and any other deliverables to Owner within 45 calendar days after receipt of Owner's comments and instructions. B. Engineer's services under the Final Design Phase will be considered complete on the date when the submittals required by Paragraph A1.04.A.6 have been delivered to Owner. C. In the event that the Work designed or specified by Engineer is to be performed or furnished under more than one prime contract, or if Engineer's services are to be separately sequenced with the work of one or more prime Contractors (such as in the case of fast -tracking), Owner and Engineer shall, prior to commencement of the Final Design Phase, develop a schedule for performance of Engineer's services during the Final Design, Bidding or Negotiating, Construction, and Post - Construction Phases in order to sequence and coordinate properly such services as are applicable to the work under such separate prime contracts. This schedule is to be prepared and included in or become an amendment to Exhibit A whether or not the work under such contracts is to proceed concurrently. D. The number of prime contracts for Work designed or specified by Engineer upon which the Engineer's compensation has been established under this Agreement is 2. If more prime contracts are awarded, Engineer shall be entitled to an equitable increase in its compensation under this Agreement. A1.05 Bidding or Negotiating Phase A. After acceptance by Owner of the bidding documents and the most recent opinion of probable Construction Cost as determined in the Final Design Phase, and upon written authorization by Owner to proceed, Engineer shall: 2. Issue addenda as appropriate to clarify, correct, or change the bidding documents. 3. Provide information or assistance needed by Owner in the course of any negotiations with prospective contractors. Page 10 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright C 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 4. Consult with Owner as to the acceptability of subcontractors, suppliers, and other individuals and entities proposed by prospective contractors for those portions of the Work as to which such acceptability is required by the bidding documents. 5. If bidding documents require, the Engineer shall evaluate and determine the acceptability of "or equals" and substitute materials and equipment proposed by bidders, but subject to the provisions of paragraph A2.02.A.2 of this Exhibit A. 6. Attend the Bid opening, prepare Bid tabulation sheets, and submit to the Owner. 7Perform or provide the following additional Biddingor TTegati..ting Phase tasks B. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective contractors. A1.06 Construction Phase A. Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from Owner, Engineer shall: 1. General Administration of Construction Contract: DELETED 2. Resident Project Representative (RPR): DELETED 3. Selecting Independent Testing Laboratory: Assist Owner in the selection of an independent testing laboratory to perform the services identified in Exhibit B, Paragraph B2.01.0. DELETED 4. Pre -Construction Conference: Participate in a Pre -Construction Conference prior to commencement of Work at the Site. 5. Schedules: DELETED 6. Baselines and Benchmarks: DELETED 7. Visits to Site and Observation of Construction: DELETED 8. Defective Work: DELETED 9. Clarifications and Interpretations; Field Orders: DELETED 10. Change Orders and Work Change Directives: DELETED 11. Shop Drawings and Samples., Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Page 11 (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. Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Engineer shall meet any Contractor's submittal schedule that Engineer has accepted. 12. Substitutes and "or -equal" Evaluate and determine the acceptability of substitute or "or - equal" materials and equipment proposed by Contractor, but subject to the provisions of Paragraph A2.02.A.2 of this Exhibit A. 13. Inspections and Tests: DELETED 14. Disagreements between Owner and Contractor: DELETED 15. Applications for Payment: DELETED 16. Contractor's Completion Documents: DELETED 17. Substantial Completion: DELETED 18. Additional Tasks: Perform or provide the following additional Construction Phase tasks or deliverables: a. The Engineer will provide design support to the Owner's Resident Project Engineer, as required and as directed by the Owner. The Engineer will meet at the project site with the Owner or their Resident Project Engineer, as directed by the Owner, to assist in any matter that may arise during the construction of the project. 19. Final Notice ofAcceptability of the Work. DELETED A. Duration of Construction Phase: DELETED B. Limitation of Responsibilities: Engineer shall not be responsible for the acts or omissions of any Contractor, Subcontractor or Supplier, or other individuals or entities performing or furnishing any of the Work, for safety or security at the Site, or for safety precautions and programs incident to Contractor's Work, during the Construction Phase or otherwise. Engineer shall not be responsible for the failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. D 1.02 Post -Construction Phase DELETED PART 2 — ADDITIONAL SERVICES A2.01 Additional Services Requiring Owner's Written Authorization A. If authorized in writing by the Owner, Engineer shall furnish or obtain from others Additional Services of the types listed in the following paragraphs. These services are not included as part of the basic services of the Engineer except to the extent provided otherwise in Appendix "A". These Page 12 (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. Additional Services include, but are not limited to the following, and will be paid for by Owner on an hourly rate basis in accordance with the hourly rates included in Exhibit C.L 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 statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. 2. 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. 3. 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. 4. Services resulting from Owner's request to evaluate additional Study and Report Phase alternative solutions beyond those identified in Paragraph ALO1.A.4. 5. Services required as a result of Owner's providing incomplete or incorrect Project information to Engineer. 6. Providing renderings or models for Owner's use. 7. 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. 8. Furnishing services of independent professional associates and Consultants for other than Basic Services. 9. Services attributable to more prime construction contracts than specified in Paragraph A 1.04.D. 10. Services during out-of-town travel required of Engineer other than for visits to the Site or Owner's office. 11. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructability review requested by Owner; and Page 13 (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. performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other Bidding Documents as a result of such review processes. 12. Preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by Owner for the Work or a portion thereof. 13. Assistance in connection with Bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services, except when such assistance is required by Exhibit F. 14. Providing construction surveys and staking to enable Contractor to perform its work other than as required under Paragraph A1.02.A.1, and any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. 15. Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor. 16. Providing assistance in responding to the presence of any Constituent of Concern at the Site, in compliance with current Laws and Regulations. 17. Preparing Record Drawings showing appropriate record information based on Project annotated record documents received from Contractor, and furnishing such Record Drawings to Owner. 18. Preparation of operation and maintenance manuals. 19. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration or other legal or administrative proceeding involving the project, if not the fault of the Engineer. 20. Providing more extensive services required to enable Engineer to issue notices or certifications requested by Owner. 21. Assistance in connection with the adjusting of Project equipment and systems. 22. Assistance to Owner in training Owner's staff to operate and maintain Project equipment and systems. 23. Assistance to Owner in developing procedures for (a) control of the operation and maintenance of Project equipment and systems, and (b) related record -keeping. 24. Overtime work requiring higher than regular rates. 25.Other services performed or furnished by Engineer not otherwise provided for in this Agreement. 26. Furnishing services of independent professional associates and consultants. Page 14 (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. 27. Providing any type of property surveys and staking to enable contractor(s) to proceed with their work. 28. Additional Services in connection with the project, including services which are to be furnished by Owner in accordance with B2.01. and services not otherwise provided for in this Agreement. 29. In the event of condemnation, additional fees for court preparation, appearances and testifying shall be negotiated. 30. Providing updated or revised appraisal services documents due to changes in market value resulting from project delays and/or project revisions. 31. Interpreter Services to assist during appraisal, negotiation and/or relocation services. 32. Obtaining Subconsultant title company for title insurance, title policy (after acquisition) and closing services when directed by Owner. 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. 2. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than "or -equal" items; services after the award of the Construction Contract in evaluating and determining the acceptability of a proposed "or equal' or substitution which is found to be inappropriate for the Project; evaluation and determination of an excessive number of proposed "or equals" or substitutions, whether proposed before or after award of the Construction Contract. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment, or energy shortages. 4. Additional or extended services during construction made necessary by (1) emergencies or acts of God endangering the Work (advance notice not required), (2) the presence at the Site of any Constituent of Concern or items of historical or cultural significance, (3) Work damaged by fire or other cause during construction, (4) a significant amount of defective, neglected, or delayed work by Contractor, (5) acceleration of the progress schedule involving services beyond normal working hours, or (6) default by Contractor. (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Behveen Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. Services (other than Basic Services during the Post -Construction Phase) in connection with any partial utilization of any part of the Work by Owner prior to Substantial Completion. 6. Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in connection with the Work. 8. Reviewing a Shop Drawing more than three times, as a result of repeated inadequate submissions by Contractor. 9. 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. Page 16 (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. r J _ }} a . •f i .b pN4 i y �� j♦ L > i t W N 1 > F :.vy • i '41 RI _ Nr- • 1 nt � y L h OZ f- (' LU Q v 'b Z W (3' J m C 1 ° Q U) W Q a � Y r ZOC =~a Ono J J a maw �QV) Vw ` G 04 i 1 \4W CL V 0 i a V V � {I .� v fi 'v v 4 v ca Z3 U i LIU» L_ APA i'�'J•U�' H1'J.':. This is EXHIBIT B, consisting of 4 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated February 28, 2017. 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. 5. 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. 7. Prepare and submit application for street vacation. Page I (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 rights reserved. D. Give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of the presence at the Site of any Constituent of Concern, or of any other development that affects the scope or time of performance of Engineer's services, or any defect or nonconformance in Engineer's services, the Work, or in the performance of any Contractor. 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. H. Provide reviews, approvals, and permits from all governmental authorities having jurisdiction to approve all phases of the Project designed or specified by Engineer and such reviews, approvals, and consents from others as maybe necessary for completion of each phase of the Project. Recognizing and acknowledging that Engineer's services and expertise do not include the following services, provide, as required for the Project: 1. 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. Place and pay for advertisement for Bids in appropriate publications. K. Advise Engineer of the identity and scope of services of any independent consultants employed by Owner to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value engineering, and constructability review. L. Furnish to Engineer data as to Owner's anticipated costs for services to be provided by others (including, but not limited to, accounting, bond and financial, independent cost estimating, insurance counseling, and legal advice) for Owner so that Engineer may assist Owner in collating the various cost categories which comprise Total Project Costs. M. If Owner designates a construction manager or an individual or entity other than, or in addition to, Engineer to represent Owner at the Site, define and set forth as an attachment to this Exhibit B the duties, responsibilities, and limitations of authority of such other party and the relation thereof to the duties, responsibilities, and authority of Engineer. Page 2 (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 rights reserved. N. If more than one prime contract is to be awarded for the Work designed or specified by Engineer, designate a person or entity to have authority and responsibility for coordinating the activities among the various prime Contractors, and define and set forth the duties, responsibilities, and limitations of authority of such individual or entity and the relation thereof to the duties, responsibilities, and authority of Engineer as an attachment to this Exhibit B that is to be mutually agreed upon and made a part of this Agreement before such services begin. O. Attend the pre -bid conference, bid opening, pre -construction conferences, construction progress and other job related meetings, and Substantial Completion and final payment visits to the Project. P. Provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of samples, materials, and equipment required by the Contract Documents, or to evaluate the performance of materials, equipment, and facilities of Owner, prior to their incorporation into the Work with appropriate professional interpretation thereof. 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: 1. Designate in writing a person to act as Owner's representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define Owner's policies and decisions with respect to the Engineer's services for the Project. 2. Provide 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. 3. Furnish to Engineer, as required for performance of Engineer's Basic Services (except to the extent provided otherwise in Appendix "A") the following: a. Data prepared by Owner and/or others or services of others and appropriate professional interpretations of such for materials necessary during the negotiations process. 4. Arrange for access to and make all provisions for Engineer and/or Subcontractors to enter upon public and private property as required to perform services under this Agreement. 5. Examine all drawings and other documents presented by Engineer, obtain advice of attorney, insurance counselor and other consultants as Owner deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of Engineer. Page 3 (Exhibit B — Owner's Responsibilities) EJCDC E-500 Agreement Bebveen Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6. Furnish all legal services as may be required for the development of the project including review and approval of conveyance documents by City Attorney, legal counsel and services for condemnation proceedings, if needed. 7. Provide written approval of completed work phases as described in Appendix "A" of the Agreement. Accomplish reviews and provide written approvals in a timely manner. 8. Furnish, or direct Engineer to provide, Additional Services as stipulated in Appendix To of this Agreement or other services as required. 9. Owner shall provide direction to Engineer regarding acceptability of Administrative Settlements and/or additional/revised terms of acquisition as may arise during negotiations with property owners. Such decisions regarding acceptability of counter offers, changes in terms of proposed acquisition, acceptance of Administrative Settlements and/or initiation of condemnation procedures shall rest solely with the Owner and are not the responsibility or under the authority of Engineer. 10. Owner shall provide title company closing and settlement services for secured parcels. T. Perform Asbestos inspection for each of the residential structures to be demolished. U. Obtain a location to conduct the Public Information Meeting. V. Prepare notices for publication concerning the Public Information Meeting location, date, etc. W. Quote for Building Demolition, as Required Page 4 (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 rights reserved. This is EXHIBIT C, consisting of 4 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated February 28, 2017. Payments to Engineer for Services and Reimbursable Expenses COMPENSATION PACKET BC-1: Basic Services — Lump Sum and Standard Hourly Rates 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 (other than Resident Project Representative) — Lump Sum and Standard Hourly Rates Method of Payment A. Owner shall pay Engineer for Basic Services set forth in Exhibit A, except for services of Engineer's Resident Project Representative, if any, as follows: 1. Design and Right of Way Services amount not to exceed $214,950.00, based on the following estimated distribution of compensation: Item Description Amount Type Design Services: $13,900.00 Lump a. Topographic Survey Sum $7,500.00 Lump b. Study and Report Phase Sum $2,400.00 Lump C. 12-Hour Traffic Counts Sum Design and Plans for the Two -Way Conversion of Colfax Avenue d. Including: i) Two -Way Conversion of W. Lasalle Avenue, Realignment of W. $6,900.00 Lump Lasalle Avenue, and Visitor Parking Lot Sum ii) Two -Way Conversion of Colfax Avenue $3,900.00 Lump Sum iii) Street Improvements along Elm Street $6,900.00 Lump Sum $5,700.00 Lump e. Building Demolition (as directed by Owner) Sum Using Owner's Template, Prepare up to One (1) Separate Quote $2,000.00 Lump I. Package for Building Demolition, if Required Sum Design and Plans for Intersection Improvements at Colfax Avenue $g 000.00 Lump 9. with Studebaker Street Sum b. Landscape Design and Plans (Subconsultant) $36,100.00 Lump Sum Page I Exhibit C—Compensation Packet 13G1: Basic Services (other than RPR) — Lump Sum Method of Payment EJCDC E-500 Agreement Between Oovncr and Engineer for Professional Services. Copyright(2008 National Society of Professional Engineers for EJCDC. All rights reserved. $4,900.00 Lump i. Utility Coordination Sum Lighting Design - Elm Street, from Washington Street to and Lump Including the Intersection of Colfax Avenue with Elm Street, and the $6,500.00 Sum j. Visitor Parking Lot Traffic Signal Modifications, if Required $5,100.00 Lump Installation of Stop Signs and Sidewalk Repair $2,000.00 $7,500.00 Sum New Traffic Signal Installation $7,500.00 k. $8,400.00 Lump 1. Public Information Meetingu to 3 $2,800.00 Sum M. Bidding, Preconstruction, and Construction Phase $4,500.00 Hourly Total Design services: $125,100.00 R.O.W. Services: Right of Way Descriptions (Total take only, No plat) (up to 5 parcels $2 250.00 Lump n. $450.00/ arcel) Sum Acquisition Coordination Services (up to 5 parcels @ $5,000.00 Lump 0. $1,000.00/ areel) Sum $4,000.00 Lump P. Relocation Coordination (u to 4 parcels $1,000.00/parcel) Sum Title and Encumbrance Reports 5 parcels @ Est. $450.00/parcel) $2,250.00 Hourly Appraisals Services (based on 2 appraisals/parcel) (2 appraisals @ Est. $3,000.00/ea.; 6 appraisals @ Est. $36,000.00 Hourly $3,400.00/ea.; 2 appraisals @ Est. $4,800.00/ea.) r. (Reimbursable/Subconsultant) $76,350.00 Negotiation Services (5 parcels @ $2,050.00/parcel) $10,250.00 Hourly S. Reimbursable/Subconsultant or Hourly Rate) Relocation Services (based on 4 residential owner, 3 tenant parcels = 7 parcels @ Est. $4,300.00/parcel) $30,100.00 Hourly t. (Reimbursable/Subconsultant) Total R.O.W. Services: $89,850.00 Total Compensation: $214,950.00 2. Engineer may alter the distribution of compensation between individual phases 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. 3. 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. Page 2 Exhibit C—Compensation Packet BC-1: Basic Services (other than RPR)— Lump Sum Method of Payment EJCDC h; 500 Agreement Between Owner and Engineer for Professional Services. Copyright ® 2008 Notional Society of Professional Engincers for EJCDC. All rights reserved. 4. 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. 5. 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. 6. Engineer's Reimbursable Expenses Schedule and Standard Hourly Rates are attached to this Exhibit C as Appendices I and 2. 7. Engineer may alter the distribution of compensation between individual phases of the 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. See also C2.03.C.2 below. 8. The total estimated compensation for Engineer's services included in the breakdown by phases as noted in Paragraph C2.01.A.3 incorporates all labor, overhead, profit, Reimbursable Expenses and Engineer's Consultants' charges. 9. 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. 10. The Standard Hourly Rates and Reimbursable Expenses Schedule will be adjusted annually (as of January each annum) to reflect equitable changes in the compensation payable to Engineer. B. Period of Service: The compensation amount stipulated in Compensation Packet BC-1 is conditioned on a period of service not exceeding 24 months. If such period of service is extended, the compensation amount for Engineer's services shall be appropriately adjusted. C2.02 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. A. Reimbursable Expenses include the following categories: transportation and subsistence incidental thereto; providing and maintaining field office facilities including furnishings and utilities; toll telephone calls and mobile phone charges; 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. Page 3 Exhibit C —Compensation Packet BC-1: Basic Services (other than RPR) — 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. B. 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 1.2. C2.03 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 1.2. 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. 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. C. 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. Page 4 Exhibit C —Compensation Packet BC-2: Basic Services (other than RPR) — Standard Hourly Rates 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. 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 Februa 28, 2017. Standard Hourlv 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: DLZ INDIANA, LLC - STANDARD FEE STRUCTURE 2017 ENGINEERING/ARCHITECTURAL Activity Code Employee Classification 2017 Hourly Rate 1 Notes to User Principal $220.00 49/49D Division Manager/Director $205.00 50 Department Manager $185.00 55/4 Registered Land Surveyor/Survey Coordinator $135.00 80/217 Senior Project Manager / Project Manager II $185.00 21/216 Project Manager $170.00 341/340/556/557 Electrical/Mechanical/Stfuctural Engineer VI $170.00 555/565/214 Engineer V/Architect V/Landscape Arch. V/Planner V/Scientist V/Geologist V / Surveyor V $165.00 554/564 Engineer IV/Architect IV/Landscape Architect IV/Planner IV/Scientist IV/Geologist IV $160.00 53/58 Engineer III/Architect M/Landscape Architect III/Planner III/Scientist III/Geologist III $140.00 52/57 Notes to User Engineer II/Architect II/Landscape Architect II/Planner It/Scientist II/Geologist II $130.00 51/56 Engineer I/Architect I/Landsca e Architect I/Planner I/Scientist I/Geologist I $105.00 28 Notes to User Designer I $95.00 472 Notes to User Designer II $110.00 473 Notes to User Designer III $125.00 Exhibit C — Appendix 1: Standard Hourly Rates Schedule EJCnC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright (?D 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 29 Technician $75.00 126/147 Construction Observer Manager /Administrator $125.00 152 Construction Observer $100.00 43 Clerical $65.00 430 Office Services Coordinator $75.00 06 Intern $50.00 Crew Classification 2017Hourly Rate 142/99 142/99 2 - person Topographic Survey Crew (straight time) 2 — person Topographic Survey Crew (over time) $200.00 $265.00 63 1— person Field Crew $120.00 63 1 — person Field Crew over time $160.00 GPS 1 — person GPS/RTK Field Crew $160.00 SCAN HDS Laser Scanning Crew $260.00 13/94 Field Survey Technician / Survey -Mapping Assistant $85.00 Reimbursable Ex enses Rate Mileage $0.535/mile Travel Expenses @ Cost Living Expenses @ Cost Notes to User Reproduction Cost plus 20% Subconsultants Cost plus 20% Equipment Rental Cost plus 20% Exhibit C — Appendix 1: 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. This is EXHIBIT G, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated February 28, 2017. 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 $1,000,000.00 $1,000,000.00 $1,000,000.00 $1,000,000.00 $2,000,000.00 $15,000,000.00 $15,000,000.00 e. Automobile Liability --Combined Single Limit (Bodily Injury and Property Damage): Each Accident $1,000,000.00 f. Professional Liability- 1) Each Claim Made $5,000,000.00 2) Annual Aggregate $5,000,000.00 g. Other (specify): $None Page I (Exhibit G - Insurance) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2. By Owner: a. The City of South Bend is a municipal corporation organized under the laws of the State of Indiana, and is self -insured under provisions of Indiana statutes and local ordinance. Specifically, the City of South Bend maintains blanket insurance coverage over real and personal property, and is covered by a non -reverting insurance premium and liability reserve fund created by the City of South Bend, Ordinance #6657-79, pursuant to Indiana Code 34-13-3-4, as amended from time to time. Under said statute, the City's liability is limited to: 1) Seven hundred thousand dollars ($700,000) for a cause of action that accrues on or after January 1, 2008; and 2) Five million dollars ($5,000,000) for injury to or death of all persons in that occurrence,; and 3) A governmental entity or an employee of a governmental entity acting within the scope of employment is not liable for punitive damages. B. Additional Insureds: 1. The following persons or entities are to be listed on Owner's general liability policies of insurance as additional insureds, and on any applicable property insurance policy as loss payees, as provided in Paragraph 6.04.13: a. DLZ Indiana, LLC (Engineer) Engineer Q C. Engineer's Consultant Engineer's Consultant 2. During the term of this Agreement the Engineer shall notify Owner of any other Consultant to be listed as an additional insured on Owner's general liability and property policies of insurance. 3. The Owner shall be listed on Engineer's general liability policy as provided in Paragraph 6.04.A. Page 2 (Exhibit G - Insurance) 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 I, consisting of 1 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated February 28, 2017. 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 .bell i provided with fespeet te Owner's Claims, then the teta4 liability, in the aggregate, of Efiginee and Engineer's offieers, direeter-s, members, pat4ners, agents, employees, and Consultants to Owner's Claims shall net exeeed $ 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 1— Limitations of Liability) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. m m N a 0 3 a m I a 0 0 w V1 3 = N 3 O 0 -i � V1 3 Q Z 0 v LJ rl c O _ D � � � N m � � N N m 7 m II Oo V D~1 t'Jit A W N F� O� � V Ol to A W N F y, y7 y, y� y1 y� y1 y� y1 y1 y1 y7 y� y1 y1 y7 y� y7 03 a r 7.1 T v v O T v v v T m Z z c A W Z A � O � -i D Dr -D C D D _W rm- p D D -Drr° LZl -I [vI-- -� O n 3 3 1 nn O r) Z D D z Z W r^ Z Z Z A A W m j c Gl c'� (A T X- G1 O A z T T 0 O m c Z Z .T O< Z Z p<< n -n Z C� m I A m A Ln O Ln O D a m N N Z O Z p Ll C- m0 z v z G1 D G1 v, c O z �° O Z .,, z< m li p W0p A DDa {c O O D �c z m m >f; pXycn s O Ilzo 03 O a R > < o W z m O p C e m 0 m a m Z IR p O N W F+ W W W W A O A of F+ W V W O O ��p W O In O O O O In N N F+ A O m O m I Mmaaaaaaawaaaawavw < D_ N w w w w w w< of w N w< w<< <CC VI VI 1/i V1 ICCA NCC VI VI VCCI VI VI VI C G O O O O G G i i G 0 0 0 fD a= 7 7 7 a a N F, V fD O O O C= O n m > > > > A w N W m A N N A w to A L. , W N \ \ O \ \ \ N N at F+ \ p \ \ \ N \ to O N F+ tp l0 N \ F+ F+ tD N \ A O \ O 00 \ \ W \ \ \ V F+ V V \ V N \ \ F4 \ V CCV v CV CCV V v V CC V CCV V 0 j 0 0 M 3 fD (D a N m a 0 N= ">> V G. a C 7 \ \ A N tD V F\-` N F+ tD Ol I\+ In to A \ W N W \ \ \ \ to Ol F+ m \ N \N P ID \ W F+ F+ W ID N F+ \ to \ O V W V V 1'' \ V \ FJ \ W W V V V V I\+ V V V V V V V V z m 3 �l m BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date February 20, 2016 Department Public Works Name Corbitt Kerr Division/Bureau Engineering BPW Date February 28, 2016 Phone Extension 5931 Required Prior to Submittal to Board Legal ® Attorney Name: Michael Schmidt Controller ® Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing Check the Appropriate Item Type — Required for All Submissions ® Agreement ❑ Contract ❑ Proposal ❑ Addendum ❑ Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control: ❑ Other: Required Information Company or Vendor Name New Vendor MBE/WBE Contractor MBE/WBE Contractor Requested Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Amount of uIncrease ❑ Decrease Previous Amount Current Percent of Change: New Amount Total Percent of Change: Copy Origin. ® ❑ ❑ ❑ ❑ ❑ DLZ ❑ Yes ❑ No ❑ If Yes, Approved by J WBE Yes Name of Colfax Avenue Two -Way Conversion 115-053 West Washington Development Area TIF 422.1050.460.42.03 $215,250.00 Not to Exceed Provide services for the design of Cemetery Entrance, Colfax 2way Conversion, and Improvements to Elm and LaSalle. U Required Contractor's Certification Forms Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) �auired For Change Orders Only Chris Dressel Dispersal After