Loading...
HomeMy WebLinkAboutPSA - JPR Corporation - Ravina Park Bowman Creek Restorationm 4�- EX: c7i SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of � � 1 � � ("Effective Date") between City of South Bend Indiana ("Owner") and Jones Petrie Rafinski ("Engineer"). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: 117-073 Ravina Park -Bowman Creek Bank Restoration ("Project"). Engineer's Services under this Agreement are generally identified as follows: Refer to Attachment A [Describe scope of services, or refer to an attachment. See Exhibit A, EJCDC E-500, for an example of a fadl scope of engineering services.] 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 period: Refer to Attachment B for a preliminary project schedule. 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 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 days of receipt. If Owner fails to make any payment due Engineer for services and expenses within 30 days after receipt of Engineer's invoice, then the amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted 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 claims against Engineer for any such suspension. Payments will be credited first to interest and then to principal. 3.01 Tennination2 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 3.0LA, 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 EJCDC E-520 Short Form of Agreement Betiveen Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 2 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 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. 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 3 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 put -pose, 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 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 4 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 Payment —Lump Sum A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer for Basic Services set forth in Exhibit A, except for services of Engineer's Resident Project Representative, if any, as follows: 1. A Lump Sum amount of $45,000 based on the following estimated distribution of compensation: a. Topographic Survey $3,000.00 b. Jurisdictional Determination $3,500.00 c. Streambank Stabilization Plans $18,850.00 d. Regulatory Permitting $15,000.00 e. Bidding and Negotiation Phase (NTE) $1,525.00 f. Construction Services (NTE) $3,125.00 2. Engineer may alter the distribution of compensation between individual phases noted herein to be consistent with services actually rendered, but shall not exceed the total Lump Sum amount unless approved in writing by the Owner. 3. The Lump Sum includes compensation for Engineer's services and services of Engineer's Consultants, if any. Appropriate amounts have been incorporated in the Lump Sum to account for labor, overhead, profit, and Reimbursable Expenses. 4. The portion of the Lump Sum amount billed for Engineer's services will be based upon Engineer's estimate of the percentage of the total services actually completed during the billing period A. Period of Service: The compensation amount stipulated in Compensation Packet BC-1 is conditioned on a period of service not exceeding 12 months. If such period of service is extended, 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 5 the compensation amount for Engineer's services shall be appropriately adjusted. 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: 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. 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 6 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 , Engineer's Standard Hourly Rates B. 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. C. Schedule of Hourly Rates: Hourly rates for services performed on or after the Effective Date are: Chief Executive Officer $275.00 Financial a/o Operating Officer $200.00 Principal Staff $165.00 Management Staff $145.00 Professional Staff 11 $140.00 Professional Staff 1 $125.00 Project Management Staff $125.00 Graduate Staff $ 95.00 ClericalIl $ 80.00 Clerical $ 70.00 Utility Operations Field Technician $ 80.00 Environmental Field Technician $ 85.00 Resident Project Representative $ 85.00 Support Technician II $ 85.00 Support Technician 1 $ 70.00 Field Surveyor(s) — 2 Man Crew* $135.00 Field Surveyor(s) — 2 Man Crew — special safety protocols req'd** $200.00 Land Survey Field Technician (1 Man Crew) $105.00 Appendix 1, Standard Hourly Rates Schedule 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 i This is EXHIBIT A, consisting of 7 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , Engineer's Services PART 1— BASIC SERVICES The following Scope of Services is for the proposed streambank restoration activities in Ravina Park along Bowman Creek in South Bend, Indiana. Ravina Park is generally within the following roadway boundaries: Broadway Street to the North, Indiana Avenue to the south, High Street to the west, and Miami Street to the east. A1.02 Topographic Survey A. Topographic Survey Activities: The Engineer has reviewed the proposed concept drawing, aerial photographs as well as walked the site limits, to obtain a thorough understanding of the task at hand. The Engineer will provide the following information as it pertains to the survey tasks: I . Establish both horizontal and vertical control throughout the project limits utilizing both GPS survey grade equipment as well as conventional survey equipment. 2. Request utility locates per the Indiana 811 Call Before You Dig call center. Please note that the utilities that will be marked by this company do not include any private utilities. Should private utilities exist within the project limits it may be necessary to contact a private utility locating company to have these lines marked in the field. Fees associated with a private utility locating company are provided as an Allowance, as identified in Exhibit C. 3. Correspondence with utility companies to facilitate the locate process. This may include requesting record utility information so the location of the utilities may be graphically depicted on the drawings. 4. Collect the topographic information within the project limits, including but not limited to, sanitary and storm structures, edges of pavement and curb lines, building corners, observed utilities, trees and spot elevations. S. Collect invert information for the sanitary and storm structures within the project limits. 6. Perform research to acquire subdivision plats, prior surveys, and roadway plans. 7. Prepare a CAD drawing of the existing site conditions that will include a surface model with contours for design purposes. 8. If required, the Engineer shall prepare a Location Control Route Survey for the roadways associated with this project. The Location Control Route Survey will be necessary to facilitate the right-of-way engineering phase, should any additional area be needed for right- of-way. B. Limitations 1. Invert measurements made on storm and sanitary structures will be made from above ground only, utilizing methods that do not require confined space entry apparatus, such as ventilation and extraction equipment. 2. Utility lines will be shown based upon field evidence located during our field investigation and per plans and markings provided by the owner, utility companies, or their representatives. We cannot certify that all utilities required are available. Page 1 A1,03 Jurisdictional Wetland Determination (JD) In order to receive approval from the regulatory agencies a wetland delineation of Jurisdictional Determination will be required. The following Scope of Work provides a fixed scope of services for providing a wetlands delineation, not knowing the extent to which Environmental Recognized Conditions would be identified, or the size(s) and location(s) of any suspect wetland areas present on the respective parcels. Should a review of the U.S. Fish and Wildlife -National Wetland Inventory (NWI) Maps for the subject site, or visual observations made as part of a site reconnaissance identify the potential presence of wetland areas, a wetland delineation would be deemed necessary. A wetland delineation is needed to ensure these areas, if present, are identified and protected according to both state and federal laws. Our wetland delineation would adhere to the 1987 U.S. Army Corps of Engineers Field Manual in evaluating areas for the following criteria used to verify wetlands: hydrology, hydric soils and the presence of wetland vegetation. In performing the wetland delineation, Jones Petrie Rafinski would establish wetland determination points for establishing the presence or absence of such criteria. Wetland boundaries will be identified, flagged and mapped to Indiana State Plane Coordinates. This "mapping" of the potential wetland area will serve as a basis for a follow up "determination" meeting required with the Army Corp of Engineers. A written report of the field investigation will be delivered to the client upon completion of the project. Please note that completion may or may not require signature authority of one or both of the agencies regulating wetlands (State of Indiana or Army Corps of Engineers). Wetland permitting and/or mitigation planning services for wetland replacement may also be necessary depending on the investigation outcome of the area in questions. The typical timeline for permit issuance is usually in the 60 day to 90 day period depending on the work load of the respective agency, and/or the need for scheduling site visits with the regulatory agencies. A1.04 Streambank Stabilization Plans A. Upon completion of the topographic survey, The Engineer will prepare a base plan from which the Streambank Stabilization Plan will be developed. The team will utilize previously developed plans and details, to be provided by the City, to assist in the determining the appropriate streambank treatments. B. This project is to also include a pedestrian bridge to replace the existing stone bridge and is to span across Bowman Creek. The previously prepared designs call for pre-engineered composite bridge is approximately 6' wide by 20' long and will need be anchored done via helical piers or concrete bridge abutments. The Engineer is to evaluate the proposed bridge, the proposed location and how it is to be secured. Based on previous correspondences between the City and the various governing agencies special attention will be required towards the height of which this bridge is to be place. A location of a pathway from the park to the bridge will be prepared and presented to the City for consideration. C. The scope of services that will be provided during the Streambank Stabilization Plan development are as follows: Page 2 1. The Engineering team will conduct an in-house team meeting to discuss goals, objectives, and project schedule for this phase of the project and to identify any potential issues or challenges that shall be addressed. 2. After obtaining the initial input from City staff, the Engineer team will commence with the development of the plans and will further define the overall stabilization design and layout. The plans will include proposed streambank treatments, potential scenarios for construction equipment access minimizing damage to the existing vegetation, and identifying selective demolition and removal of material and vegetation within and adjacent to Bowman Creek. 3. The Engineer will prepare a Preliminary Opinion of Probable Cost. 4. Progress Meeting #1: Once a preliminary plan has been prepared the Engineer will conduct a progress/coordination meeting with City of South Bend Staff to present the initial plans and the Probable Cost to obtain input and to ensure that the project in proceeding in the proper direction. 5. The Engineer will refine the plans based on the input collected from the Progress Meeting #1 and will submit the required plans and documentations to the City for review. Due to the project schedule, the review process upon submittal of the design package shall not exceed (5) working days. 6. Based on the data collected including comments from the City review, the Engineer will move into the development of a 90% Submittal package. This package will include the necessary plans, details, and specifications for Regulatory Permitting and construction operations. 7. The Engineering will package the plans and specifications for the Regulatory Permitting review and approval. Based on comments during their review, the Engineer will revise the plans and documents. 8. The Engineer will develop a Preliminary Cost Estimate based on the refinements to the plans. 9. Progress Meeting #2: Upon refinement of the 90% Submittal package and refinement of the Preliminary Cost Estimate, The Engineer will conduct Progress Meeting #6 with the City of South Bend Staff to present the 90% plans, specifications, and preliminary estimates. 10. Upon receiving comments and input from the City and the Regulatory Agencies, the Engineer with revise the contract document for bidding purposes. a. Deliverables for the 100% submittal to the Owner will be provided in PDF format. A 1.05 Environmental Permitting A. The following Environmental Permitting scope of services will be required for the streambank stabilization and existing culvert removal efforts. The Engineer will utilize the services of McCormick Engineering for the permit application and processing. 1. Review the available information regarding the project site, such as copies of previous recommendations or correspondence from the Indiana Department of Natural Resources Page 3 (IDNR), available hydraulic and hydrologic modeling, and available detailed topographic information of existing and historic conditions; 2. Perform one (1) site visit and take photographs of existing conditions associated with the regulatory permit submittals; 3. Consultant will review the existing Flood Insurance Study (FIS) mapping for the Bowman Creek. The restoration site(s) will then be correlated to the available regulatory FIS mapping. 4. Coordinate with IDNR regarding Construction in a Floodway (CIF) submittal requirements. a. Attend up to two (2) meeting as needed. b. Attend up to two (2) local meetings with regulatory agency/owner staff members as required. 5. Prepare a report with narrative and summary of the stream restoration permit submittal; 6. Prepare a submittal to the IDNR related to the Construction in a Floodway Permit Application; 7. Invite representatives of IDNR, the US Army Corps of Engineers (USACE) and Indiana Department of Environmental Management (IDEM) to an onsite meeting to discuss the proposed project as it relates to the need for a Section 404 Permit (USACE) and Section 401 Water Quality Certification (IDEM); 8. It is assumed that that this project will include an official Jurisdictional Determination (JD) delineation of the Wetlands/Waters of the US; 9. Prepare a submittal to the US Army Corps of Engineers (Section 404) and IDEM (Section 401), as needed; 10. This Scope assumes that no forested floodway, wetland or stream mitigation are required as direct result of the proposed project; 11. It is assumed that proposed restoration activity structures would involve negligible amount of fill within the jurisdictional limits of the noted agencies from the perspective of the noted agencies; A1.06 Bidding or Negotiating Phase (Hourly, Not to Exceed): After acceptance by Owner of the bidding documents and the most recent opinion of probable Construction Cost as determined from the 100% Construction Document submittal, and upon written authorization by Owner to proceed, Engineer shall: a. Assist Owner in advertising for and obtaining bids or proposals for the Work and, where applicable, and maintain a record of prospective bidders to whom Bidding Documents have been issued. b. Coordinate and facilitate a Pre -Bid Meeting with the potential bidding contractors. c. Issue addenda as appropriate to clarify, correct, or change the bidding documents. d. Provide information or assistance needed by Owner in the course of any negotiations with prospective contractors. e. Consult with Owner as to the acceptability of subcontractors, suppliers, and other individuals and entities proposed by prospective contractors for those portions of the Work as to which such acceptability is required by the bidding documents. f. If bidding documents require, the Engineer shall evaluate and determine the acceptability of "or equals" and substitute materials and equipment proposed by bidders. g. Attend the Bid opening, prepare Bid tabulation sheets, and assist Owner in evaluating Bids or proposals and in assembling and awarding contracts for the Work. 2. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase. A1.07 Construction Services (Hourly, Not to Exceed): Periodic reviews of site construction will be completed to ensure the contractor(s) is providing the level of quality that is required for the project. It is anticipated that the site work will be constructed in two phases. The construction administration services will include: 1. Reviews of site construction, when requested by the City, will be completed to ensure the Contractor(s) is providing the level of quality that is required for the project; 2. The Engineer will provide clarification/interpretations of the Contract Documents if such interpretations are necessary for the proper execution or progress of work; 3. The Engineer shall render written recommendations on claims, disputes and other matters in question between the owner and contractor relating to the execution or progress of the project as provided by the Contract Documents; 4. Review and approve, or take other appropriate action and forward to the client for final disposition, the contractor's submittals such as Shop Drawings, Product Data and Samples with respect to Contract Documents produced by the Engineer; S. Prepare responses to Request for Information (RFI) provided by the contractor; 6. Provide field reports describing observations, problems and recommended solutions; 7. Provide punch lists and based on site observations; 8. Conduct a Final Punch List site review; 9. Conduct inspections to determine the date or dates of Substantial Completion and the date of Final Completion; 10. Review and approve, or take other appropriate action on, the contractor's list of items to be completed or corrected. A1.08 EXCLUSIONS 1. Services beyond the current Scope of Services listed above may be required based on a site specific review by the regulatory agencies. Such services, requiring a separate or amended agreement may include: a. Environmental surveys related to State or Federal endangered species; b. Archaeological surveys; c. Investigations of mitigation sites on or off the property; d. Mitigation design/construction or monitoring services; e. Detailed hydraulic modeling of the Bowman Creek waterway to assess project impacts for the 1DNR CIF application. Agreement assumes no features; f. Addressing potential off -site regulatory violations along the watercourse from historic or unpermitted changes to Bowman Creek 2. The bridge manufacture is to provide structural calculations of the bridge and designs for proper anchoring of the structure to prevent displacement during flood events. PART 2 — ADDITIONAL SERVICES A. If authorized in writing by Owner, Engineer shall furnish or obtain from others Additional Services of the types listed below. 1. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. 2. Services to matte measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner or others. Services resulting from significant changes in the scope, extent, or character of the portions of the Project designed or specified by Engineer or its design requirements including, but not limited to, changes in size, complexity, Owner's schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date or are due to any other causes beyond Engineer's control. 4. Services required as a result of Owner's providing incomplete or incorrect Project information to Engineer. 5. Providing renderings or models for Owner's use. 6. Undertaking investigations and studies including, but not limited to, detailed consideration of operations, maintenance, and overhead expenses; the preparation of financial feasibility and cash flow studies, rate schedules, and appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing, and assisting Owner in obtaining process licensing; detailed quantity surveys of materials, equipment, and labor; and audits or inventories required in connection with construction performed by Owner. 7. Furnishing services of Consultants for other than Basic Services. 8. Services during out-of-town travel required of Engineer other than for visits to the Site or Owner's office. 9. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructability review requested by Owner; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other Bidding Documents as a result of such review processes. 10. Preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by Owner for the Work or a portion thereof. 11. Assistance in connection with Bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services, except when such assistance is required by Exhibit F. 12. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration, or other dispute resolution process related to the Project. 13. Providing more extensive services required to enable Engineer to issue notices or certifications requested by Owner. 14. Assistance in connection with the adjusting of Project equipment and systems. 15. Assistance to Owner in training Owner's staff to operate and maintain Project equipment and systems. 16. Overtime work requiring higher than regular rates. 25. Other services performed or furnished by Engineer not otherwise provided for in this Agreement, A2.02 Additional Services Not Requiring Owner's Written Authorization B. Engineer shall advise Owner in advance that Engineer is will immediately commence to perform or furnish the Additional Services of the types listed below. For such Additional Services, Engineer need not request or obtain specific advance written authorization from Owner. Engineer shall cease performing or furnishing such Additional Services upon receipt of written notice from Owner. 1. Services in connection with work change directives and change orders to reflect changes requested by Owner. 2. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than "or -equal" items; services after the award of the Construction Contract in evaluating and determining the acceptability of a proposed "or equal" or substitution which is found to be inappropriate for the Project; evaluation and determination of an excessive number of proposed "or equals" or substitutions, whether proposed before or after award of the Construction Contract. 3. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment, or energy shortages. Date Name BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM August 1, 2017 Roger T. Nawrot Purchasing Department Division/Bureau Public Works Engineering ❑ Agreement u Contract ❑ Proposal ❑ Addendum ® Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ CIO & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control: n Other: Company or Vendor Name New Vendor MBENVBE Contractor MBEANBE Contractor Requested Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Amount ofEl Jones Petrie Rafinski Corporation ❑ Yes ® No ❑ If Yes, Approved by Purchasing ❑ MBE ❑ WBE El No ❑ Yes Name of Company Ravina Park -Bowman Creek Bank Restoration 117-073 Pokaqon Tribe Donation Fund $4�9;000.00 Not to Exceed This includes the field survey, design and permitting for the bank restoration project within Ravina Park. U Required Contractor's Certification Forms Attached (Non - Collusion, Nan -Discrimination, Non -Debarment, E-Verify, Iran, etc.) Increase $ Decrease $ Previous Amount Current Percent of Change New Amount Total Percent of Change: % Dispersal After Approval Copy Original ❑ ❑ ❑ ❑ ❑ ❑