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HomeMy WebLinkAboutPSA - DLZ Indiana - Tucker Dr Topographic & Olive St Improvements Legal Descriptions�.3�- : � �.-:. �~�i �M I�-.� . ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of between Board of Public Works, City of South Bend, Indiana ("Owner") and ("Engineer"). ("Effective Date") Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: 116-118 Tucker Drive including: 1. Prepare a topographic survey within the limits shown on Exhibit A, perform a boundary survey of the proposed including a plat and legal description of the proposed taking and perform a post construction as -built survey along Olive Street within the limits shown in Exhibit A. ("Project"). Engineer's Services under this Agreement are generally identified as follows: See Exhibit A Owner and Engineer further agree as follows: 1.01 Basic Agreement and Period of Service A. Engineer shall provide, or cause to be provided, the services set forth in this Agreement. If authorized by Owner, or if required because of changes in the Project, Engineer shall furnish services in addition to those set forth above. Owner shall pay Engineer for its services as set forth in Paragraphs 7.01 and 7.02. B. Engineer shall complete its services within a reasonable time, or within the following specific time p _ _ _ proceed, 30 calendar period: 14 calendar days to complete the Topofratlhic Survey after notice top „ .,.__, da s to com lete the Bound Survey after notice to proceed and receipt of the right of wa lines from Owner and 14 calendar days to complete the Post Construction As -Built Survey after receipt notice that construction is corplete from the Owner. C. If the Project includes construction -related professional services, then Engineer's time for completion of services is conditioned on the time for Owner and its contractors to complete Page I EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCUC. All rights reserved. construction not exceeding N/A months. If the actual time to complete construction exceeds the number of months indicated, then Engineer's period of service and its total compensation shall be appropriately adjusted. 2.01 Payment Procedures A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. Invoices are due and payable within 30 35 days of receipt. If Ovmer- Ms to make any pa)qnefft due E*gineer- fer- serviees and expenses y4thift 30 days after- r-eeeipt of E*gineer's itweiee, thm the amw#s due EngineeF will be increased at 4he rat" per month (or- the maxknum rMe of interest peffni#ed by law, if less) from said thkfieth day. In addition, Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until Engineer has been paid in full all amounts due for services, expenses, and other related charges. Owner waives any and all non -disputed claims against Engineer for any such suspension. . 3.01 Termination A. The obligation to continue performance under this Agreement may be terminated: 1. For cause, a. By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement's terms through no fault of the terminating party. Failure to pay Engineer for its services is a substantial failure to perform and a basis for termination. b. By Engineer: 1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional; or 2) upon seven days written notice if the Engineer's services for the Project are delayed for more than 90 days for reasons beyond Engineer's control. Engineer shall have no liability to Owner on account of a termination by Engineer under Paragraph 3.01.A. Lb. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.01.A.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 of notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. For convenience, by Owner effective upon Engineer's receipt of written notice from Owner. Page 2 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. B. The terminating party under Paragraph 3.01.A may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. C. In the event of any termination under Paragraph 3.01, Engineer will be entitled to invoice Owner and to receive full payment for all non -disputed services performed or furnished in accordance with this Agreement and all reimbursable expenses incurred through the effective date of termination. 4.01 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 5.01 General Considerations A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer's services. Subject to the foregoing standard of care, Engineer and its consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. B. Engineer shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. Page 3 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. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located. D, Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in accordance with the contract between Owner and such contractor. Engineer is not responsible for variations between actual construction bids or costs and Engineer's opinions or estimates regarding construction costs. E. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any of their agents or employees or of any other persons (except Engineer's own employees) at the Project site or otherwise furnishing or performing any construction work; or for any decision made regarding the construction contract requirements, or any application, interpretation, or clarification of the construction contract other than those made by Engineer. F. The general conditions for any construction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents Committee (EJCDC C-700, 2007 Edition) unless the parties agree otherwise. G. All documents prepared or furnished by Engineer are instruments of service, and Engineer retains an ownership and property interest (including the copyright and the right of reuse) in such documents, whether or not the Project is completed. Owner shall have a limited license to use the documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment for all services relating to preparation of the documents and subject to the following limitations: (1) Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; (2) any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and consultants; (3) Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not create any rights in third parties. H. To the fullest extent permitted by law, Owner and Engineer (1) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project, and (2) agree that Engineer's total liability to Owner under this Agreement shall be limited to $50,000 or the total amount of compensation received by Engineer, whichever is greater. I. The parties acknowledge that Engineer's scope of services does not include any services related to a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous substances or waste as defined by the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq., or radioactive materials). If Engineer or any other party encounters a Hazardous Environmental Condition, Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Page 4 EJCDC E-500 Agreement Between Owner and Engineer far Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. Project affected thereby until Owner: (1) retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. J. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law. 6.01 Total Agreement A. This Agreement (including any expressly incorporated attachments), constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. 7.01 Bads of Payment A. Owner shall pay Engineer for Services as follows: 1. Owner shall pay Engineer for Lump Sum Services as follows: a. A Lump Sum amount Not to Exceed $6,950.00, see Exhibit E. b. In addition to the Lump Sum amount, reimbursement for the following expenses: None c. The portion of the compensation amount billed monthly for Engineer's Services will be based upon Engineer's estimate of the percentage of the total Services actually completed during the billing period. 7.02 Additional Services: A. For additional services of Engineer's employees engaged directly on the Project, Owner shall pay Engineer an amount equal to the cumulative hours charged to the Project by each class of Engineer's employees times standard hourly rates for each applicable billing class; plus reimbursable expenses and Engineer's consultants' charges, if any. Engineer's standard hourly rates are attached as Exhibit C. Attachments: Exhibit A Engineer's Services. Exhibit A-1 Survey Limit Site Map Exhibit B Owner's Responsibilities. Exhibit C Engineer's Standard Hourly Rates. Exhibit D Project Schedule Exhibit E Fee Schedule Page 5 EdCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright© 2008 National Society of Professional Engineers for EJCDC. All rights reserved. M^ EJCDC.,.-� ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE This is EXHIBIT A, consisting of 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated April 25, 2017. Engineer's Services PART 1-- BASIC SERVICES A1.01 Topographic Survey A. Engineer shall: 1. Perform a Topographic Survey including the following: a. DLZ will prepare a topographic survey for the project site based upon the limits shown in Exhibit A-1. All survey work for this project shall be performed in accordance with IAC Title 865 regarding Surveys in the State of Indiana. b. Survey notice letters will be sent to property Owners whose property is within or adjoining the survey limits. c. Control - Horizontal control will be based on GPS obtained Indiana East State Plane coordinates, NAD83. Approximately 3 control points will be set around the perimeter of the site. Vertical control will be based on GPS established NAVD88, unless otherwise specified by the client. Two temporary benchmarks will be set outside of the project limits for use in construction. All benchmarks will be thoroughly described and graphically shown on a control map. d. Existing Right -of -Way and Property Lines - The Engineer will verify the existing right-of-way for all streets within the project limits. Subdivision plats, existing road plans, grant, deeds and other recorded documents pertaining to the right-of-way will be obtained from the St. Joseph County Recorder's Office. Field crews will search for existing right -of - Exhibit A EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 way monuments, properly irons and block corners; all monuments will be located. Field evidence and recorded documents will be analyzed to establish the existing right-of-way lines. All properly lines and properly Owner's names will be extracted from GIS data files provided by the Owner. These lines will be combined with the existing right-of-way established by the Surveyor to create a final property map. e. Full Topographic Mapping — Full topographic mapping will be completed in the following locations: l) Along Tucker Drive from Olive Street, west 500 feet 2) Along S. Olive Street from Tucker Drive, north 175 feet 3) The South 150 feet of St. Joseph County Parcel 018-8075. 4) Topographic survey data for both the planimetric map and the existing surface model will be collected for the project area. Shots to be taken for the planimetric map will include, but are not limited to, the following: edge of pavement (denoting pavement type), fences, curb/gutter, drive entrances, sidewalk, vegetation, landscaping, known storm and sanitary sewer structures and known utilities (both visible on the surface and marked up underground). Shots to be taken for the existing surface model will include cross -sections every 50' along each street, plus any changes in grade between, including cuts in the curb lines, drive drops, retaining walls, top of bank, toe of slope and ditches. 5) Location of sanitary and storm structures within the site and all connecting structures just beyond the survey limits. Information to include horizontal location, rim elevations, pipe sizes, pipe connectivity, pipe type and invert elevations. f. Utility Locations —Underground utility markup request will be made through Indiana 811. Utilities that respond to the locate request will be field located and shown on the map. All others will be noted as "No Response". Attempts will be made to obtain plans for all utilities, if available. Source of utility information will be noted. Storm and sanitary sewer investigation detail sheets will be provided for all structures located within the project limits. 2. Perform Right of Way Engineering including the following: a. After the City provides a CAD file of the proposed right of way lines, DLZ will perform a boundary survey and create a legal description for the Proposed Taking across St. Joseph County Parcel 018-8075-284601, located at the northwest corner of Olive Street & Tucker Drive. The survey will be performed in accordance with the minimum standard requirements for retracement surveys per 865 IAC 1-12. A Plat of Survey will be prepared at a suitable scale and will be signed and stamped by an Indiana Exhibit A EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright OO 2009 National Society of Professional Engineers for 1JCDC. All rights reserved. Paee 2 Professional Land Surveyor. Unless already monumented, the corners of the parcel will be staked with 5I8" rebar with plastic identification caps, or other suitable material. Easements of record may be shown, if provided. 3. Perform a Post Construction As -Built survey including the following: a. After construction of the proposed improvements, DLZ will perform a topographic survey of the as -constructed improvements, within the limits shown in Exhibit A-1. This data will be combined with the previous topographic and boundary survey data to produce an updated survey plat. PART 2 — Additional Services A2.01 Additional Services Requiring Owner's Written Authorization B. If authorized in writing by Owner, Engineer shall provide Additional Services of the types listed below. These services are not included as part of Basic Services and will be paid for by Owner ion an hourly rate basins in accordance with the Engineer's Standard Hourly Rates, attached as Exhibit C. 1. Providing any type of property surveys and staking to enable contractor(s) to proceed with their work; and providing other special field surveys other than what is included in the scope. 2. 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. 3. Additional Services in connection with the project, including services which are to be furnished by Owner in accordance with Exhibit B and services not otherwise provided for in this Agreement. 4. Services to make measured drawings of or to investigate the accuracy of drawings or other information furnished by the Owner. 5. Insurance premiums for insurance coverage beyond the limits defined elsewhere herein. 6. Cleaning and videotaping and evaluating the condition of the existing storm sewers. 7. Preparing a Location Control Route Survey Plat, 8. Right of way services including title abstracting, right of way engineering, prepare record and transfer documents for each parcel, title updates, and appraisal problem analysis other than what is included in the agreement. 9. Construction Observation. Exhibit A EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 This is EXHIBIT B, consisting of 1 page, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated April 25, 2017. Services To Be Provided By Owner C 1.01 Services Provided by Owner A. The Owner shall do the following in a timely manner so as not to delay the services of Engineer: 1. Designate in writing a person to act as Owner's representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define Owner's policies and decisions with respect to the Engineer's services for the Project. 2. Provide 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. If required, Owner will obtain and provide right of entry for any work outside of the existing right-of-way. 4. Assist Engineer by placing at Engineer's disposal all available information pertinent to the Project including, but not limited to, the following: a. Previous reports and any other data relative to design or construction of the project. b. Available data from the transportation planning process. c. Utility plans available to the Owner. 5. 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. 6. Furnish all legal services as maybe required for the development of the project. 7. Provide written approval of completed work phases as described in Section I of this Agreement. Accomplish reviews and provide written approvals in a timely manner. Exhibit B EdCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. PaLrC 1 This is Exhibit C, consisting of 2 pages, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services dated April 25, 2017. Engineer's Standard Hourly Rates A. Standard Hourly Rates: DLZ INDIANA, LLC - STANDARD FEE STRUCTURE ENGINEERING/ARCHITECTURAL 2017 }-:'rS_•! �*1% i d 6 ._..,_-,.: 'm...._.:. - erewM s,> 1 S� F lei 151, 1r^Si LI�`�4 1k/fE!-. F,c` -_"'-s' �' �.Y i r"a" � 4 a"%� Principal `f- L�MI $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 1 $170.00 341/340/556/557 Electrical/Mechanical/Structural 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 III/Landscape Architect III/Planner III/Scientist III/Geologist III $140.00 52/57 Engineer II/Architect II/Landscape Architect II/Planner II/Scientist II/Geologist ll $130.00 51/56 Engineer l/Architect I/Landscape Architect I/Planner I/Scientist I/Geologist 1 $105.00 28 Designer 1 $95.00 472 Designer 11 $110.00 473 Designer Ill $125.00 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 Exhibit C EJCDC GS20 Short Forma of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. Pace I - ._ � E- { 3 i- ?` 2 Li"L1A+' �JiiSSI�CF+�f[ T LR.I'fMM1ilF F 011. 4E Ea 142/99 2 - person Topographic Survey Crew (straight time) $200.00 142/99 2 — person Topographic Survey Crew (over time) $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 �JZ�k�MJ✓.M711Ea7Sl�Yi �� ��F�Pe.,�-_. ��..- � � i*a.,, ti �zY 1`- � � n' � -� � t` � Mileage ,._,.[ _�-� 1�i��et. S $0.535/mile Travel Expenses @ Cost Living Expenses @ Cost Reproduction Cost plus 20% Subconsultants Cost plus 20% Equipment Rental Cost plus 20% Rates are subject to revision on January 1 of each year. Cost of living/inflation increases of 3 to 7% per annum can be anticipated. Exhibit C EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright @2009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 This is Exhibit D, consisting of 1 page, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services dated April 25, 2017. Engineer's Project Schedule A. After receiving a written notice to proceed the Engineer shall: 1. DLZ will deliver a CAD file of the topographic survey within 14 calendar days after receipt of our Notice to Proceed. 2. The boundary survey and legal description shall be delivered within 30 calendar days of our receipt of the proposed right of way lines. 3. The Post Construction As -Built Survey will be delivered within 14 calendar days of receipt of notification that construction is compete. Exluibi1 D EJCDC E-520 short Form of Agreement Between Owner and Engineer for Professional services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 This is Exhibit E, Engineer's Fee Schedule, consisting of 1 page, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services dated April 25,_2017. Engineer's Fee Schedule A. The CONSULTANT will be paid for the work performed under Exhibit A of this Agreement on a Lump Sum basis in accordance with the following schedule, except as noted in the items below: UesYgn Phase I Amount .. 3 a. Topographic Field Survey $2,400.00 ~ } b. Right of Way Engineering $2,550.00 c. Post Construction As -Built Surve $2,000.00 $6,9 50 Ol1 B. For services and Reimbursable Expenses of independent professional associates, reimbursable expenses and consultants employed by Engineer, the Engineer shall be reimbursed for the invoiced amount of said services, plus an administrative fee in an amount not to exceed 10% of the amount of the invoice Toll telephone calls, printing, mailing, FAX costs required for the permits enumerated hereinabove will not be reimbursable expenses and the costs thereof are included in the itemized costs as shown herein in Exhibit E, Section A. The cost of permit application/regulatory fees will be considered as a reimbursable expense. The Engineer shall not be paid for any services performed by the Owner or not required to develop this project. Exhibit E EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Engineers for F.JCDC. All rights reserved. Page 1 �....- - - i ! � �- �'- -- -z� - - K ._ q