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HomeMy WebLinkAboutPSA - Lawson Fisher Associates - West Race Bank Trail ImprovementsN ..... ----- . . . . . I. jilit p I a. till 110'. w .. 9 k ml wl 2.01 Payment Procedures A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. Invoices are due and payable within 30 35 days of receipt. if Owner fails te make any payment due Engineer for serviees and expensees _104ay-s 0 ,,o' pef men4h (or- the fnmimum FvAe of interest penuitted by law, if less) fifem said thiFtieth day, In addition, Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until Engineer has been paid in fail 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. La if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. For convenience, by Owner effective upon Engineer's receipt of written notice from Owner. B. The terminating party under Paragraph 3.01.A may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to complete tasks whose value would 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 party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 5.01 General Considerations A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer's services. Subject to the foregoing standard of care, Engineer and its consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. B. Engineer shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. C. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located. 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. 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. 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 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. 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 Iaw. Page 4 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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 $82,600. 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 13etwcen Owner and Engineer for Professional Services Copyright C 2009 National Sociey of Professional Engineers for EJCDC, All rights reserved. ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE This is Appendix 1, Engineer's Standard Hourly Rates, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services dated July 25, 2017. Engineer's Standard Hourly Rates A. Standard Hourly Rates: 1. Standard Hourly Rates are set forth in this Appendix 1 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 Paragraphs 7.01 and 7.02, and are subject to annual review and adjustment. B. Schedule of Hourly Rates: Hourly rates for services performed on or after the Effective Date are: Principal $276.00/hour Engineer IV $193.001hour Engineer III $145.00/hour Engineer 11 5131.00/hour Engineer 1 $117.00/hour Engineering Intern $88.00/hour Surveyor $109.00/hour Surveyor Technician $95.00/hour CAD Technician II $137.00/hour CAD Technician 1 $97.00/hour Project Information II $118.00/hour Project Information 1 $75.00/hour Appendix 1, Standard Hourly Rates Schedule CJCDC E-520 Short Forni of Agreement Between Orvner and Engineer for Professional Services. Copyright �D2009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 APPENDIX 2 SCOPE OF WORK Scope of Work: TOPOGRAPHIC SURVEY LFA will conduct the survey and will acquire topographic information in the following areas: Immediately South of the Jefferson Street Bridge north to the pedestrian bridge from the Century Center to Island Park. The survey will extend from the east at the River's edge to the western side of the maintenance road running alongside the Century Center. Along the West bank from the North end of Island Park to Lasalle Avenue. The survey will include the topographical features of both Pier Park and Gwen Stiver Park. The topographic survey will be such to provide a complete surface model, complete linework, utility linework (from various sources), surface types labeled, horizontal and vertical control (monumented and referenced), and survey notes and reporting. This proposal does not include topography within the West Race, beyond the limits of the retaining walls along St. Joseph Street or the east face of the Century Center, and river topography beyond the immediate slope representation below the water line. The proposed survey will be capable of supporting the project through to complete construction documents. 2. PROGRAM VALIDATION A. LFA will gather and review existing information regarding the project and project area. B. LFA will conduct two (2) workshops with the appropriate City staff to review the project areas which will be defined as follows: Jefferson Blvd. to the Pedestrian Bridge at Island Park The North end of Island Park to Colfax Avenue including Pier Park Colfax Avenue to Lasalle Avenue including Gwen Stiver Park These workshops will be used to discuss the possible alternatives for each area including: • Potential layouts and alignments • Park and trail lighting • Fishing piers • Sculpture and public art elements • Landscape and plaza enhancements, site furnishings (e.g. benches, bicycle parking, fencing and railings, etc.) 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 1 • River -edge improvements (e.g. re-establish native riparian river edge, re-creation of shore line edge to avoid trash collections, etc.) • "Live -Wall' components • Art murals on the existing river walls • Placemaking and way finding signage • Additional enhancements to the river lighting strategies • Design criteria and constraints The first meeting will be to gather input and ideas from the group while the second meeting will be used to narrow these ideas to better defined alternatives. The goal of these meetings is to solicit input and to better define the alternatives to progress thru to the schematic design phase. 3. SCHEMATIC DESIGN A. LFA will perform the preliminary design for the alternatives for each project area as selected during the Program Validation phase. This will include trail alignments and profiles, preliminary grades of trails and major park features, architectural amenities (i.e. lighting, sculptures, and key feature finishes and fixtures), and preliminary structural systems. Preliminary plans will be prepared for each alternative these will include: • Preliminary layouts and alignments • Profiles • Typical sections • Locations of key project and architectural features • Site Analysis Plan • Preliminary Site Development Plan and Details • Preliminary Site Grading and Drainage Plans • Site Utility Plan • Conceptual Landscape Planting Plan • Conceptual Placemaking and Way Finding Signage • Conceptual Lighting Plans • Illustrations of various details of the Schematic Design concept including each of the key areas and the parks Given that the alternatives will not be defined until the completion of Task 2 of this project, LFA assumes for this proposal that a combined total of six (6) alternatives will require assessment. B. LFA will conduct a meeting with the City to discuss the alternatives assessed in Task 3.A. LFA will provide drawings showing general geometries, profiles, typical sections, and architectural amenities of each alternative to the City prior to this meeting. The goal of this meeting will be to review feasibility and fine-tune each alternative for further development. C. LFA will further utilize the input from the meeting in Task B to progress through schematic design and develop opinions of probable cost for the selected alternatives. Appendix 2, Scope of Work EJCDC E-520 Short form of Agreement Between Owner and Engineer for Professional Services. Copyright CO2009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 D. LFA will conduct another meeting with the City to discuss the further development of the alternatives and the opinions of probable cost. LFA will provide the necessary information to the City for review prior to the meeting. The goal of this meeting will be to select the alternatives to progress to final design for each section noted above under Task 2.B. E. LFA will finalize the schematic design plans for each area and provide an architectural rendering of each location to be used for public presentation purposes. F. LFA will attend a public information meeting to be available for questions. It is assumed that this meeting will be coordinated by the City. Assuming that the Notice to Proceed is issued on July 25, 2017, we estimate that this project can be completed by October 13, 2017. Appendix 2, Scope of Work EJCDC E-520 Short Form of Agreement Behveen droner and Engineer for Professional Services. Copyright (02009 National Society of Professional Engineers for EJCDC. All rights reserved. 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