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HomeMy WebLinkAboutProfessional Services Agreement - Lawson Fisher Assoc. - Corby Street Storm Sewer EvaluationIJ "I -- 171 I _ 7; - - ----- I Ia -willojim I ,, , .1 _11 I -, - - __ "JIM I 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. a 1.0,1zo per menth (or- the mffldmum rate ef itAerest pefimitted by law, if less) &OIR said thil4ieth day. In addition, Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until Engineer has been paid in full all amounts due for services, expenses, and other related charges. Owner waives any and all non -disputed claims against Engineer for any such suspension. . 3.01 Termination A. The obligation to continue performance under this Agreement may be terminated: 1. For cause, a. By either party upon 30 days written notice in the event of substantial failure by the other parry 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 3.0 LA. Lb. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.01.A.1.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. Page 2 E fCDC E-500 Agreement Between Owner and Engineer for Professional services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2. For convenience, by Owner effective upon Engineer's receipt of written notice from Owner. B. The terminating party under Paragraph 3.0LA may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. C. In the event of any termination under Paragraph 3.01, Engineer will be entitled to invoice Owner and to receive full payment for all non -disputed services performed or furnished in accordance with this Agreement and all reimbursable expenses incurred through the effective date of termination. 4.01 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.0 LB 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 funished 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 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. 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. 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. 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 Page 4 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society ol'Professional Engineers for EJCDC. All rights reserved. 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 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. [or] Ul\lR�l�i!�1�T1�iR7♦�3■������t(��!��t!1�I��..1\��R�t'l'I�L. ��J�[(���ii!\'l sl �lN• Rai t. ill i1F."'l�l� ♦ A w Y _ _ _ • ........ _ iw Milli f . • w !. S � . . . I��il♦llfSSiTT-T � mm V r '!\.I!iSr'3`Z!�\�el�RSl49• R��(1�1s�\I\ [or] w V W V V .. - gll5�10O. Ml����AS!a�ilil!�ill1�\9i��i� Page 5 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for MCDC. All rights reserved. 1 i i � Y =�;Mrmqwwl MEM 7.01 Basis of Payment —Direct Labor Costs Times Factor, Plus Reimbursabler A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1. An amount equal to Engineer's Direct Labor Costs times a factor of 3.1521 for services of Engineer's employees engaged on the Project, plus reimbursable expenses, and Engineer's consultants' charges, if any. 2. The total compensation for services and reimbursable expenses is estimated to be $39,500, 3. Engineer's Standard Hourly Rates are attached as Appendix 1. `.ti�r.�r�a<rfrss?rt .f�r_�cs Attachments: Appendix 1, Engineer's Standard Hourly Rates Appendix 2, Engineer's Detailed Scope of Work Page b EJCIDC E-500 Agreement Between Owner and Engineer for Professional services Copyright c0 2008 National Society of Professional Engineers for EXPC. All rights reserved. r. 77�v APPENDIX 2 SCOPE OF WORK Scope of Work: PROCURE AND REVIEW EXISTING INFORMATION LFA will obtain and review available information such as planning studies, maps, design criteria, and drawings for the existing storm water facilities and combined sewers within the project area. It is assumed for this proposal that the City will supply all available information such as -built drawings, GIS data, previous studies, geotechnical reports, and existing survey data to LFA. The City will also provide information on their redevelopment plans within the study area to determine future land use. 2. FIELD INVESTIGATION AND SURVEY The as -built drawings and GIS data, to be provided by the City, will be used for the study. However, it is assumed for this proposal that some field verification and survey to verify critical elevations will be required. One day of field investigations has been included in our proposal. Manhole inspections will be performed at the structures where meters are to be installed and where additional information or verification of existing data is necessary to evaluate the existing system and recommended alternative. Our proposal does not include obtaining a geotechnical evaluation in the study area LFA will use existing information, if available, for this preliminary engineering study. 3. METERING OF CORBY STREET SEWER LFA will install and monitor at least two (2) area/velocity flow meters at strategic points within the Corby Street storm sewer to evaluate the flows during wet -weather events. It would be desirable to capture at least three (3) major rain events (112" or larger) to be used for the calibration and verification of the hydrologic/hydraulic model. The amount of time required for the metering will be dependent on the weather following the installation of the meters. For purposes of this proposal, twenty-four (24) weeks of flow metering are included. 4. DETAILED HYDROLOGIC/HYDRAULIC MODELING A hydrologic/hydraulic model of the Corby Street storm sewer will be developed using XP-SWMM. The model will be utilized to determine flow rates at various points along Corby Street taking into account the impact of the University of Notre Dame (University) retention basin contributions. The Rational Method will be used to determine peak discharge from all other areas within the study limits. 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 The model will be calibrated using information obtained from the field investigations and the metering of the Corby Street storm sewer. LFA does not intend to model the existing combined sewers or future storm sewers. Assumptions: Information pertaining to the flow from the University retention basin to the Corby Street storm sewer will be provided by the University upon request from the City. This shall include an outflow hydrograph and method of operation. • The separated storm sewer system will be sized for the 10-year, Time of Concentration storm event. • City will provide GIS information for existing sewers and redevelopment plans for the study area. • Commercial development will be required to store the 10-year, 6- hour storm event volume. 5. EVALUATION OF ALTERNATIVES AND LETTER REPORT LFA will evaluate alternatives for separating the existing combined sewers and providing the capacity to convey the necessary storm events. A preliminary drawing will be provided showing the trunk line sizing of the most feasible alternative along with a preliminary cost estimate. LFA will prepare a letter report summarizing the study findings and the proposed recommended alternative. The report will include an analysis of the current available capacity of the Corby Street storm sewer and recommendations regarding future sewer infrastructure improvements (trunk sewer sizing) for sewer separation in the study area. The Draft Report will be provided to the City for review and comment. Following receipt of the City's comments, the report will be finalized and five (5) copies of the Final Report will be submitted to the City along with a PDF. Appendix 2, Scope of Work 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 2 ! C 9 171 T-7- w 77 IT 71. ftlr-- 71- 771 ffi'ITTIIIMT 71�5fnmlml .,.� i- 1111111iff - '1 4 - - " �W , f �: LE a--