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HomeMy WebLinkAboutPSA - Donohue & Assoc. - South Well Field Improvements�=y2rv�� -= .-:_:: - �'.F�-,.}- ,- -_ - -. `=ram: - �_ .+�,*1#"t�ter,?►;-F. ,.-,f, ;rr�.�a�-� -, -_.. .r.: -�,.� _- ��..,. I - },� .tip" "! 1!.-1A A IF - 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 OwneF fails to Enake any payment due EngiReer for- sei-viees and expenses withiaM days after reoeipt ef EngiaeeF'S invoiee, then the afaeunts due Engineer will be ineFeased at the rate a 1.0% per Fnenth (or the maximum rate of interest peffaitted by law, if less) from said thirtieth 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. Payments will be eredited fifst to interest and then to prineipal. 3.01 Tennination 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 3.0I I.A. Lb. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.0LA. 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. 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. B. The terminating party under Paragraph 3.0LA may set the effective date of temlination 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 4.013 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 © 2008 National Society or Professional Engineers for FJCDC. 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 150,000 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 C JCnC E-500 Agreement Between Owner and Engineer for Professional Services Convrieht 0 2008 National Societv of Professional Eneineers for EJCDC. All riehts 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 Basis of Payinent—Lump Sunni A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as €elle"N, indicated in Exhibit C: B. The -p pe�ied: M ■ • • ... � `+�..■ r �+n ir:r.:■+■+i re. rrir..�i� rrwr �r`yv �a .aaawx:.iw..rawrrYw■Ynwr r:■wr�rrsr rur.r_:�.�.:�irMea.�w�uii'�aic:..�:�.��- ?■ir"�•o�i.�•itri.r ■ N. �. Page 5 EJCQC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National society of Professional Engineers for EJCDC. All rights reserved. the lowest bena fid 7 work; 7 if the rkis not bidthe 7 , • Fof work designed or speeified but not 7 7 7 estimate is Feeeived, f Engineer'sB. The peaiefl of the eempefisatioti aFflount billed menthly for Engineer's sefviees will be based tipen rrrr YYYYYY� JS.aIU.fill �RyyffiAlSf�l�st�iQ.l�E.1.1J1L.2U1f.1 �f11iR.1idl.Yi lRYYIt0�SY1iilflli/11d1[.1gi 14TY Y Y 7.02 Additional Services, For additional services of Engineer's employees engaged directly on the Project, Owner shall pay Engineer in accordance with Exhibit C. an amount equal to th hourly fates for- eaeb appheable billing elass; plus reimbur-sable expenses and eumulative hours eharged to the Pr-q.jeet by eaeh elass of Engineer's employees times StandaFd— Attachments: Appendix 17 T. f r'n Ctn..r afd Hourly R tcn A. Exhibit A, Engineer's Services B. Exhibit B, Owner's Responsibilities C. Exhibit C, Payments to Engineer for Services and Reimbursable Expenses Page 6 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. I This is EXHIBIT A, consisting of 5 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated August 8 , 2017. Engineer's Services Article 1 of the Agreement is supplemented to include the following agreement of the parties. Engineer shall provide Services as set forth below. PART 1— SERVICES PROJECT DESCRIPTION The 2017 South Well Field, Water Treatment Plant & Pressure District Improvements project (Project) will include improvements to the existing South Well Field (WF), South Water Treatment Plant (WTP) and water distribution network that will result in a direct interconnection to the South Pressure District. This new connection, direct from South Well Field, will provide a new source of water to the South Pressure District, redundant to the single current source which occurs via the Fellows Booster Station. In addition to the new interconnection, the project will also include improvements to the South WF and WTP that will support the new operational requirements associated with the direct connection to the South Pressure District, as well as other needed upgrades and improvements to the WTP and its processes. During project scoping meetings held with OWNER representatives on April 11, 2017, July 2I, 2017 and July 27, 2017, it was determined that the project will start with a Needs Assessment of the existing South WF and WTP, including the wells, well pumps, treatment and mechanical systems), as well as the distribution infrastructure and systems supplying the South Pressure District. The purpose of the Needs Assessment will be to identify options and recommendations for the improvements that will be required to provide water from South WF and WTP direct to the South Pressure District. The Needs Assessment may also identify other current deficiencies, issues and associated improvements that will result in optimization and improved operations of South WF and WTP. Work performed toward the Project will proceed with Task Orders approved by the OWNER, starting with the Needs Assessment and Distribution System Modeling (scopes for Task Order Nos. l and 2 identified in Sections B and C, respectivelX, under the "Engineering Services" portion of this `Exhibit A'). Following the finalization of the Needs Assessment (and completion of Task Order Nos. 1 and 2) and given its recommendations, the ENGINEER will develop additional Task Orders for approval by the OWNER, and subsequent completion as needed throughout the completion of this Project. Exhibit A, Engineer's Services 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 ENGINEERING SERVICES A. PROJECT MANAGEMENT 1. ENGINEER shall provide project management services throughout the entirety of the project to monitor the budget and schedule, while maintaining open and consistent communications with the OWNER's designated project representative. 2. Project management services will be provided for the overall project with identification and specific reference to each Task Order. 3. Project management services shall include: a. Status reports provided to the OWNER on a monthly basis. b. Project schedule updates delivered to the OWNER on a regular basis. C. Project Management phone conferences between the ENGINEER and OWNER twice per month for the duration of the project. B. TASK ORDER NO. I — NEEDS ASSESSMENT 1. ENGINEER shall prepare a Needs Assessment document that will identify potential improvement options to the existing South WF, WTP and water distribution system that will allow the South WTP to provide potable water directly to the City of South Bend's South Pressure District via a new distribution system interconnection. 2. The Needs Assessment will include: a. Determination of future South WF and WTP production and distribution requirements, given a new direct feed to the South Pressure District. b. Feasibility analysis of utilizing the existing South WF wells and pumps for the identified future distribution requirements. Analysis will also take into consideration the following: i. Potential changes in raw water composition. ii. Influence of the increased pumpage on the groundwater. C. Feasibility analysis of utilizing the existing South WTP for the identified future distribution requirements. Analysis will also take into consideration the following: i. Ability of existing GAC units to treat future pumping requirements. ii. Chemical treatment capabilities, including alternative treatment systems. iii. Contact time requirements and potential issues with direct feed into the distribution network without use of a clearwell or tank. iv. Safety concerns associated with increased chemical usage. d. Identification of up to two (2) alternatives in lieu of utilizing the existing wells for water production to be distributed in to the South Pressure District. EWhit A, Engineer's Services EJCDC E-520 Short Farm of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 3, 4 E e. Analysis of up to two (2) distribution system improvement alternatives, developed in conjunction with the OWNER, that will result in the direct connection of the South WF and WTP to the South Pressure District. ENGINEER's analysis will include identification of pipe sizing, required pressure and flow for pumps and identification of possible operational problems or concerns. f. Analysis of raw water quality data and treatment processes with identification of up to two (2) potential improvement alternatives that will result in treatment and operational optimization. g. Assessment of the current ownership of the former railroad casement, to be used for conveyance of the finished water, as well as conveyance of the South WTP backwash discharge to the City's existing sewer. h. Identification of South WTP improvement alternatives, based on OWNER's concerns, future demands and current issues identified with the existing facility, including: i, Rerouting of the backwash discharge line to the City of South Bend's sanitary sewer system (up to 2 alternatives). ii. Operational and safety improvements to the gas chlorination system (up to 2 alternatives). iii. improvements to the WTP's existing HVAC system (up to 2 alternatives). iv. Long-term maintenance and improvements to the two (2) existing granular activated carbon (GAC) trains (up to 2 alternatives). i. Illustrations of identified alternatives. j. Estimated cost analysis of alternatives. k. Identification of recommended improvements and development of an associated improvements plan. Task Meetings a. The ENGINEER shall attend up to two (2) project meetings and conferences with the OWNER and other interested agencies, as may be required, in connection with this design work. Anticipated project related meetings include: i. Task Order No. 1 Kickoff Meeting ii. Draft Needs Assessment Review Meeting Task Order No. I will include the following Deliverables: a. Draft Needs Assessment Submittal (3 hard copies, I electronic copy) b. Final Needs Assessment Submittal (6 hard copies, 1 electronic copy) Items Not Included in the Scope of Task Order No. 1: The following items are not included as part of this scope, but may be. included in the future via subsequent Task Orders: a. Surveying services and/or associated research. b. Utility location services. C. Subsurface utility evaluation/investigation. d. Development of renderings or models for OWNER's use. e. Computer based distribution system hydraulic modeling. Exhibit A, Engineer's Services EJCDC E-520 Short Form of Agreement Between Owner and Engineer For Professional Services. Copyright 02004 National Society of Professional Engineers For EJCDC. All rights reserved. Page 3 f. Hydrogeological testing or analysis. g. Wellhead protection/time of travel assessments or analysis. h. Services during out-of-town travel required of ENGINEER other than visits to the site or OWNER's office. i. Stakeholder outreach services, including meeting attendance and/or exhibit preparation. j. Environmental site assessments and testing (Phase 1, Phase 2, etc.) k. Engineering, appraisals, survey, descriptions or property acquisition services of additional right-of-way or easements. 1. Low impact design (LID) or green infrastructure (GI) services. m. Project design services (including: drawings, specifications, contract documents, etc.) for public bid, contractor quote or construction/procurement in any manner. n. Services to make measured drawings of, or to investigate the accuracy of, drawings or other information furnished by the OWNER. o. Bid Phase Services. P. Construction Engineering or Inspection Services. q. Special consultants or independent professional associates requested or authorized by the Owner. r. Provision for photographs or videotapes of the topographic and infrastructure features of the site. S. Special reports or studies on materials and equipment requested by the Owner. t. Preparation of permit applications and/or figures. C. TASK ORDER NO. 2 — DISTRIBUTION SYSTEM MODELING I. Using WaterCAD', the ENGINEER will perform computer based distribution system hydraulic modeling of the portion of the OWNER's system that is pertinent to this project (i.e. South Pressure District), 2. Modeling results will be used for completion of Task Order No. 1. 3. Distribution system modeling efforts will include the following: a. Updating of future model demands based on the information determined in Task Order No. 1 (PART 1 — SERVICES, Section B.2.a.). b. Modeling and analysis of up to two (2) distribution system improvement alternatives, as identified in, and for use in conjunction with, Task Order No. 1 (PART I — SERVICES, Section B.2.e.) ENGINEER's analysis will include identification of pipe sizing, required pressure and flow for pumps and identification of possible operational problems or concerns. 4. Items Not Included in the Scope of Task Order No. 2: The following items are not included as part of this scope, but may be included in the future via subsequent Task Orders: a. Development of renderings or models for OWNER's use. b. Modifications to the WaterCAD`' model, other than those listed. C. Hydrogeological testing or analysis. Exhibit A, Engineer's Services EJCUC E-520 Short form of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCBC. All rights reserved. Page 4 d. Wellhead protection/time of travel assessments or analysis. e. Project design services (including: drawings, specifications, contract documents, etc.) for public bid, contractor quote or construction/procurement in any manner. f. Bid Phase Services. g. Construction Engineering or Inspection Services. h. Modeling of water quality, water age, and operational changes in the distribution system. i. Special consultants or independent professional associates requested or authorized by the Owner. j. Preparation of permit applications and/or figures. K ADDITIONAL PROJECT CONSIDERATIONS I . The ENGINEER will develop the Project, and perform all associated Task Orders on the basis that the project will be funded with local funds. Changes due to alternate funding of the Project will be considered Additional Services. 2. All future Task Orders developed for this project in addition to Task Order No. I (e.g. design, bidding, etc.) shall be approved by the OWNER prior to the commencement of the associated work by the ENGINEER. PART 2 -- SCHEDULE A. No work under this Agreement shall be performed by the ENGINEER until the ENGINEER receives a written notice -to -proceed from the OWNER. B. Based on a Contract approval date of August 8, 2017, all work by the ENGINEER under this Agreement will be completed and delivered to the OWNER for review and approval, if required, within the following anticipated time periods: + Task Order No. 1: o Kickoff Meeting: ➢ 10 calendar days following execution of this Agreement n Draft Needs Assessment Submittal Delivery: ➢ 60 calendar- days following Project Kickoff Meeting o Final Needs Assessment Subrittal Delivery: ➢ 21 calendar days following receipt of Draft Review Comments + Task Order No. 2: 0 The schedule for Task Order No. 2 is identical to that of Task Order No. 1. Exhibit A, Engineer's Services EJCDC E-520 Short IF, of Agreement Between owner and Engineer ror Professional Services. Copyright m2009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 This is EXHIBIT B, consisting of 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated August 8 , 2017. Owner's Responsibilities A. Provide ENGINEER with all criteria and full information as to OWNER's requirements for the Project, including assessment/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 any potentially prepared Assessments, Drawings and/or Specifications; and furnish copies of,OWNER's standard forms, conditions, and related documents for ENGINEER to include in Bidding Documents, when applicable. B. Furnish to ENGINEER any other available information pertinent to the Project including reports and data relative to previous assessments, studies, evaluations, designs, and/or investigation at or adjacent to the Site, including, but not limited to. 1. The OWNER's most recent version of the distribution system WatcrCAD'' model. a. OWNER's existing WaterCADf' model will contain all current infrastructure and is calibrated for current conditions. No additional modifications to the current model will be required. 2. The WaterCAU' Optimization Report and associated findings, as prepared by ARCADIS. 3. The OWNER's most recent version(s) of any capital improvement plans (C1Ps). 4. South Well Field operational data, including (all in Excel format): a. Pumping data (Pump sizes, curves, normal operating modes, flow data) b. Raw water quality data c. Finished water quality data for South Pressure Zone d. Chemical use/operational data e. Finished water quality data 5. Fellows Booster Station operational data. 6. Locust Booster Station operational data. 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 Engineering 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 established and relevant control 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. Exhibit B, Owner's Responsibilities 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 6. Data or consultations as required for the Project but not otherwise identified in the Agreement or the Exhibits thereto. 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 perform additional Task Order and Additional Services, as required and in accordance with Exhibit A of this Agreement. 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. Generate and distribute notices to all property owners and potentially affected parties regarding the presence of survey crews, if ever applicable. H. Generate and distribute notices to all property owners and potentially affected parties regarding the public outreach sessions, if ever applicable. I. 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. J. 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 may be necessary for completion of each phase of the Project. K. 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. L. Place and pay for advertisement for potentially designed Construction Bids in appropriate publications, as related to this project. M. Advise the 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. Paget (Exhibit B — Owner's Responsibilities) EJCDC E-500 Agreement Between Owner and Engineer for Professional services. Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. N. Fumish 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, 0. Attend all meetings and conferences relevant to this project, including: public notification meetings, review meetings, 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 ENGINEER with the findings and reports generated by the entities providing services to OWNER pursuant to this paragraph. Q. Inform ENGINEER in writing of any specific requirements of safety or security programs that are applicable to ENGINEER, as a visitor to the Site. R. Perform or provide the following additional services: I . Provide available GIS and aerial data for the project area. 2. Provide ENGINEER with a set of marked up review documents and comments following each review set submittal. 3. Provide a set of hand marked prints, developed during the construction of the project, to be used in preparation of the As -Built drawings, if applicable. S. If construction related services are included with this project as a Task Order, the OWNER shall: 1. 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. 2. 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. 3. 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. Page 3 (Exhibit B — Owner's Responsibilities) EJCDC E-500 Agreement Between Owner and Engineer Poe Professional Services. eight 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT C, consisting of 1 page, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated August. 8 , 2017. Payments to Engineer for Services and Reimbursable Expenses A. The total cost for the services and expenses for this Project, as stipulated in accordance with Exhibit A of this Agreement, will not exceed $150,000. B. OWNER shall pay ENGINEER for Services in accordance with a project specific negotiated fee. Compensation will be designated in each Task Order and will apply only to the Task Order in which it is designated. C. ENGINEER will be compensated for professional services on a Task Order basis. Compensation will be either on a lump sum basis or on a not -to -exceed basis, as designated within the relevant Task Order, and in accordance with ENGINEER's standard chargeout rates in effect at the time the Services are performed, 1. For Task Orders compensated on a not -to -exceed basis, routine expenses will be billed at cost and subconsultant costs will include a 10% markup. D. ENGINEER will bill OWNER monthly, with net payment due in 30 days. For lump sum Task Orders, the invoice will contain a calculation of the amount of lump sum due based on percentage of Project completed during the billing period E. ENGINEER will notify OWNER if Project scope changes require modifications to the Task Order contract value. Services relative to scope changes will not be initiated without authorization from OWNER. F. The Task Orders associated with this Project shall be compensated in accordance with the following table: Task Order Needs Assessment 2. Distribution System Modeling 3. Fee Type Amount Lump Sum $43,500 Not to Exceed $12,700 Exhibit C, Payments to Engineer for Services and Reimbursable Expenses EJCDC E-520 Short Form or Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. Page I t A�o