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HomeMy WebLinkAboutPSA - Lawson Fisher Associates - Raised Crosswalk on Fellows St. at Riley High Schoolmi 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 39 35 days of receipt. after- reeeipt of Engineer's iwveiee, then the amounts due E"ineer- will be inervased 4 the rat& -Of if less) from said thirtieth-da-5, , 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 parry 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.1.b. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.0l.A.l.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. B. The terminating party under Paragraph 3.01.A may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. Page 2 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. C. In the event of any termination under Paragraph 3.01, Engineer will be entitled to invoice Owner and to receive full payment for all non -disputed services performed or furnished in accordance with this Agreement and all reimbursable expenses incurred through the effective date of termination. 4.01 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.13 the assigns of Owner and Engineer) are hereby bound to the other parry to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other parry, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 5.01 General Considerations A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer's services. Subject to the foregoing standard of care, Engineer and its consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. B. Engineer shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. C. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located. 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 Page 3 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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. 1. The parties acknowledge that Engineer's scope of services does not include any services related to a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous substances or waste as defined by the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq., or radioactive materials). If Engineer or any other party encounters a Hazardous Environmental Condition, Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until Owner: (1) retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. 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. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. if negotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law. 6.01 Total Agreement A. This Agreement (including any expressly incorporated attachments), constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. 7.01 Basis of Payment Hourly Rates Plus Reimbursable Expenses A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1. An amount equal to the cumulative hours charged to the Project by each class of Engineer's employees times standard hourly rates for each applicable billing class for all services performed on the Project, plus reimbursable expenses and Engineer's consultants' charges, if any. 2. Engineer's Standard Hourly Rates are attached as Appendix 1. 3. The total compensation for services and reimbursable expenses is not to exceed $8,750.00. 7.02 Additional Services: For additional services of Engineer's employees engaged directly on the Project, Owner shall pay Engineer an amount equal to the cumulative hours charged to the Project by each class of Engineer's employees times standard hourly rates for each applicable billing class; plus reimbursable expenses and Engineer's consultants' charges, if any. Engineer's standard hourly rates are attached as Appendix 1. Attachments: Appendix 1, Engineer's Standard Hourly Rates Appendix 2, Engineer's Detailed Scope of Work, and Man-hour Justification. Page 5 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. Ma & R W f A�J? � is 3'� : 1,715 77'619�' APPENDIX 2 SCOPE OF WORK Project Understanding This project is for professional design services for street, crosswalk and parkway improvements for construction of a tabled crosswalk to make more visible the uncontrolled pedestrian crossing from the Riley High School student parking lot. The anticipated project limits are approximately 100 ft south and 50 ft north of the alley approach 165 ft south of the Bowman Street intersection with Fellows Street. The city intends to construct the project within the 2017 construction season. This work will be coordinated to the extent possible with the Fellows Street curb and sidewalk project scheduled for construction in August 2017. Professional services provided will be consist of three elements; topographic survey, construction documents and construction phase services. Maintenance of Traffic will be under a full closure with the tentative official detour route using Calvert, Michigan and Ewing Streets. It is expected that the construction amount will be below the city's quoted project threshold amount. It is understood that the city will administer soliciting said quotes. PART I.• SCOPE OFSERVICES. A. Limited Topographic Survey I. Secure Iimited topographic survey information for the proposed street, crosswalk and parkway improvements. 2. The proposed topographic survey data collected shall be limited to provide the information required for design. The collected data shall meet commonly accepted survey standards: a. Unless otherwise specified, LFA shall utilize the Indiana State Plane --- East Zone, NAD83 (2011) January 1, 2010 published Coordinate System. b. Unless otherwise specified, the vertical datum shall be based upon published NAVD88 information. c. All topographic survey data will be collected and depicted in units of US Survey Feet. d. The relative horizontal position accuracy of all surveyed points shall not exceed 0.11 feet. e. LFA shall provide one horizontal and one vertical control point. Horizontal and vertical control points shall be set in such a manner that they are referenced and recoverable for use by the Owner's contractor during construction layout. f. Spot elevations shall be reported to the nearest 0.01 foot. g. Coordinate values shall be reported to the nearest 0.001 foot. 3. The physical limits of the survey will be north -south along Fellows Street centered about the alley approach approximately 165 ft south of Bowman Street. The north survey limit is approximately 125 feet south from this alley approach north along Fellows Street to about 100 feet north. In general, topographic data shall extend beyond these limits to the extent necessary to develop construction plans for the project improvements. Appendix 2, Scope of Work EJCDC E-520 Short Form of Agreement Between owner and Engineer for Professional Services. Copyright C2009 National Society of Professional Engineers for EJCDC. All rights reserved. Pace t B. Plan Development 1. Develop digital working drawings from topographic survey that will be used in conjunction with the at -scale aerial mosaic drawing. This drawing will contain survey centerline information, property data, owner information, benchmarks, identify manmade improvements — both above and below grade — and identify known utility occupations. 2. Preliminary Plans shall be prepared for the street, crosswalk and parkway improvements with sufficient supplemental details to more clearly described the work. The following sheets are anticipated to be included: a. Title and Index Sheet b. Typical Section with other supplemental details c. Plan and Profile sheet reflecting improvements d. Maintenance of Traffic Plan for both vehicle and pedestrian traffic e. Erosion Control Plans (no Rule 5 permit is expected) f Cross Sections (if required) 3. Prepare preliminary quantities and develop an Engineer's Estimate of Probable Construction Costs. 4. Develop Special Provisions 5, Submit Preliminary Plans and Estimate of Probable Construction Costs to the Owner for review. 6. Conduct a review meeting with the Owner to receive Plan Development comments. 7. Perform a project field check with Owner, utilities and other identified stakeholders. 8. Prepare finalized Contract Documents that will include Drawings and Special Provisions for indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. Prepared Bidding Documents shall be made available to the Owner in Adobe Acrobat digital file format. 9. Deliver 10 copies of the completed Contract Documents to the City for solicitation of quotes. Contract Documents plans are expected to be on either 8-1/2"xIV or I I "x 17" media and will not be separate. 10. Provide a Construction Cost Estimate to the City. C. Bid Phase Services 1. Provide bid period services for answering questions, preparing any necessary addendums, tabulating bids, and making a recommendation of bid award. 2. Organize and attend the Pre -Construction Meeting with the successful bidder and Owner. D. Construction Phase Services I. Act as a liaison between utility companies and the city for utility coordination through construction. As may be required, work with the utilities, contractor and the city construction staff to resolve any conflicts that may arise during construction. 2. Be available to respond to inquiries from the field forwarded by city staff or representatives. 3. If required, review submitted shop drawings as may have been required in the Contract Documents. 4. Be available to attend the project's final walk through Appendix 2, Scope of Work EJCDC E-520 Short Form of Agreement Behveen Owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 5. If during the construction phase it is determined that unforeseen or unusual conditions arise, revise the plans as may be necessary. PART II. SCHEDULE, FEE AND CONDITIONS A. B. C. Q. h.A.A. Time is of the essence due city desire to complete within this construction season and shall be completed measured in calendar days as described below: 1. Topographic Survey shall be completed within 15 days as described in Part LA from the Notice to Proceed or sooner. 2. Preliminary Plans shall be completed within 30 days as described in Part LB items 1 through 5 3. Finalized plans shall be completed within 15 days from reviews described in Part 1.B items 6 and 7. 4. Quotes will be solicited by the Owner once construction documents are complete. Construction is anticipated to begin directly with an expected construction duration not to exceed 30 days. Fee 1. LFA proposes to provide the described Scope of Services on an hourly basis with an estimated budget of $8,750. A man-hour justification has been prepared for review of anticipated effort supporting this estimate. Allocated hours are not tied to specific tasks for fees. A. Topographic Survey $2,150.00 B. Contract Documents 4,950.00 C. Bid Period Services 850.00 D. Construction Phase Services 800.00 Total $8,750.00 3. If prior to the satisfactory completion of the professional services described, the total costs incurred is within 20% of estimated budget, LFA will notify the City and development status will be evaluated. Conditions The following items will be provided by the City or are otherwise considered an additional service not included with the described professional services. 1. It is understood that LFA shall have access to all City files and documents in its possession and at its disposal pertaining to this work. Appendix 2, Scope of Work 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 2. Quotes will be solicited by and an award made through the City. 3. LFA will invoice for the work completed on a monthly basis. Appendix 2, Scope of Work EJCDC E-520 Short Form orAgreement Behvicen Owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 w 0 15M IV