HomeMy WebLinkAbout6D(14) Resolution No. 2733~~ COY)
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1200 County-City Building, 227 West Jefferson, South Bend, Indiana 46601-1830 Phone 574/235-9.371 Fax 574/235-9021
To: Redevelopment Commission r
From: Bill Schalliol, Economic Development Planner \~G~
Subject: Resolution 2733 and Addendum To Master Agency Agreement
Olive Road Right-Of-Way Site Clearance Project
Date: July 23, 2010
Attached to this memorandum is Resolution 2733 and Addendum To Master Agency
Agreement for the Olive Road Right-Of-Way Site Clearance Project. In February 2010, the
City of South Bend began the process to acquire the necessary right-of-way for the future
expansion of Olive Road from Lincoln Way West to Nimtz Parkway. There are fifteen
parcels that have been identified for parcel property takes with all of those parcels being
located on the east side of the roadway. The City is working to minimize total takes of
property and has been successfully able to negotiate with the four property owners that
have structures that will be affected by the roadway project.
The attached proposal and related resolution and addendum would approve a contract with
DLZ Indiana LLC, the project designer, to coordinate demolition of structures and right-of-
way clearance along the corridor. The intent is to acquire the property at this time and hold
the property until the project is ready to build. The project proposal is in the amount of
$27,300.00.
Staff requests approval of Resolution 2733 and the Addendum To Master Agency
Agreement for the Olive Road Right-Of-Way Site Clearance Project.
What We Do Today Makes A Difference!
RESOLUTION N0.2733
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE EXECUTION OF
AN ADDENDUM TO THE MASTER AGENCY AGREEMENT
(Olive Road Right-Of--Way Site Clearance)
'WHEREAS, effective January 1, 2010, the South Bend Department of
Redevelopment, acting by and through its Redevelopment Commission (the
"Commission") and the South Bend Board of Public Works (the "BPW") entered into a
Master Agency Agreement which authorized the BPW to act as agent for and on behalf
of the Commission for certain projects during 2010; and
WHEREAS, pursuant to the Master Agency Agreement, the Commission desires
to add the Olive Road Right-Of--Way Site Clearance to the Master Agency Agreement by
way of this Addendum.
NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment
Commission as follows:
Section 1. The Commission hereby approves the Addendum to Master
Agency Agreement (Olive Road Right-Of--Way Site Clearance) and hereby authorizes its
execution in substantially the form attached hereto with such changes as the Commission
may deem necessary or appropriate upon the advice of counsel, said execution thereof to
be conclusive evidence of the Commission's approval of such changes. The Clerk is
hereby directed to file a copy of the Addendum with the BPW.
Section 2. This Resolution shall be in full force and effect after its adoption
by the Commission.
Section 3. Commission members are authorized to execute on behalf of the
commission any documents necessary to carry out the intent of this resolution.
ADOPTED at a meeting of the South Bend Redevelopment Commission held on
July 23, 2010, at 10:00 a.m., in Room 1308, County-City Building, South Bend, Indiana
46601.
CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOPMENT
South Bend Redevelopment Commission
ATTEST:
South Bend Redevelopment Commission
ADDENDUM TO
MASTER AGENCY AGREEMENT
(Olive Road Right-Of--Way Site Clearance)
This Addendum to Master Agency Agreement (this "Addendum"), made and
entered into as of the 26th day of July, 2010, by and between the South Bend Department
of Redevelopment, acting by and through its Redevelopment Commission (the
"Commission") and the City of South Bend, Indiana, a municipal corporation duly.
organized and existing pursuant to the laws of the State of Indiana, acting by and through
its Board of Public Works (the "BPW") for purposes of the Commission designating the
BPW to act as the Commission's agent to undertake the Olive Road Right-Of--Way Site
Clearance (the "Project").
WHEREAS, effective January 1, 2010, the Commission and the BPW entered
into a Master Agency Agreement which authorized the BPW to act as agent for and on
behalf of the Commission for certain projects during 2010; and
WHEREAS, pursuant to the Master Agency Agreement, the Commission desires
to add the Olive Road Right-Of--Way Site Clearance to the Master Agency Agreement by
way of this Addendum.
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained herein, and for other good and valuable consideration, the receipt of which is
hereby acknowledged, the BPW and the Commission agree as follows:
1. The Commission hereby empowers and appoints the BPW, pursuant to the
Master Agency Agreement; to act as the Commission's agent for the limited purpose of
contracting for and managing the completion of the Project, the scope of said Project
being more specifically described in "Exhibit A", attached hereto and made a part hereof.
2. All of the terms and conditions of the Master Agency Agreement shall
control this appointment and this Addendum shall be attached to the Master Agency
Agreement.
3. Commission members. are authorized to execute on behalf of the
Commission any documents necessary to carry out the intent of this resolution.
IN WITNESS WHEREOF, the undersigned execute this Addendum to Master
Agency Agreement to be effective as of the date first written above.
CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOPMENT
South Bend Redevelopment Commission
ATTEST:
South Bend Redevelopment Commission
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Gary Gilot, President
Carl Littrell, Member
Don Inks, Member
ATTEST:
Linda Martin, Clerk
Exhibit "A"
OLIVE ROAD RIGHT-OF-WAY SITE CLEARANCE
See attached proposal from DLZ Indiana, LLC
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ENGINEERS • ARCHITECTS SCIENTISTS
PLANNERS • SURVEYORS
July 14, 2010
Mr. Bill Schalliol
City of South Bend
227 West Jefferson Boulevard
South Bend, Indiana 46601
Re: Letter Agreement for Professional Engineering
Olive Road Clearing of Right of Way and Residential Demolition
City of South Bend
South Bend, Indiana
DLZ Indiana, LLC (ENGINEER) appreciates the opportunity to provide engineering services for the
City South Bend (OWNER) for preparing contract documents for Clearing of Right of Way and
Residential Demolition along Olive Road in the City of South Bend.
PROJECT DESCRIPTION
The project will involve preparing contract documents for Clearing of Right of Way and Residential
Demolition along Olive Road in the City of South Bend. The project clearing area will be within the
proposed right of way limits shown in Exhibit A. The five residences to be demolished are shown in
Exhibit B.
SCOPE-OF-SERVICES
We propose to provide the following scope of services:
A. TASK 1-PROJECT KICK-OFF MEETING AND REVIEW MEETINGS
An initial meeting will be held with certain person designated by the OWNER and certain
members from the ENGINEER. Key items to be discussed would be:
1. Identify OWNER'S key personnel.
2. Identify ENGINEER'S key personnel.
3. Establish the project schedule and any interim deliverables desired by the OWNER.
4. Establish point on contact personnel for outside agencies having input to this project.
5. The ENGINEER shall attend up to two (2) progress meetings with the OWNER during
the preparation of the specifications so as to review the content with the OWNER and to
ensure that all the OWNER'S comments get incorporated into the specification
documents.
2211 East JefFerson Blvd. South Bend, Indiana 46615 (574) 236-4400 FAX (574) 236-4471
With OfFices Throughout The Midwest
www.dlz.com
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ENGINEERS • ARCHITECTS SCIENTISTS
PLANNERS SURVEYORS
July 14, 2010
Letter Agreement for Olive Road Clearing of Right of Way and Residential Demolition
Page 2
B. TASK 2 -PREPARATION OF CONTRACT DOCUMENTS
The ENGINEER will develop plans and specification documents for the clearing of right of way
limits (Exhibit A), asbestos abatement and demolition of the five residential properties located
within the project limits (Refer to Exhibit B). The American Institute of Architects (AIA)
format will be used for the specifications documents. The OWNER and ENGINEER agree that
the documents will be written so that the base bid cost for the demolition of above and below
ground structures will be bid as a lump sum item.
1. Specifications -The ENGINEER will prepare specification documents for the clearing of
right of way and demolition of the five residential buildings that are located within the
project limits. The specification documents will include the AIA general conditions
along with the appropriate supplementary conditions. The specification documents will
include the specification sections related to notice to bidders, instructions to bidders, and
items specific and unique to each project location.
2. Site Grading -The ENGINEER will include general instructions for backfill and
compaction, final grade and for temporary seeding.
3. General Site Underground Demolition -The ENGINEER will develop specification
documents identifying, in general, those materials that shall be demolished and removed
or potentially abandoned in place. The specification documents shall also provide
general information as to how the site will be prepared relative to the removal of
foundations and concrete slabs.
4. Utility Abandonment -The ENGINEER shall identify the general approach guidance as
how utility abandonment will occur. This shall include general provisions for the
plugging or capping of lines to be abandoned/demolished, which connect to active lines
intended to remain in place throughout demolition.
Asbestos Inspection -The ENGINEER shall utilize an Indiana Department of
Environmental Management (IDEM) accredited Asbestos Building Inspector to perform
an asbestos inspection of each of the residential structures to be demolished. The
asbestos inspection will be performed in accordance with the requirements set forth by
the federal National Emission Standard for Hazardous Air Pollutants (NESHAP) asbestos
regulations contained in the Code of Federal Regulations, Title 40, Part 61, Subpart M,
(40 CFR 61, Subpart M). The purpose of the asbestos inspection will be to document the
location, quantity, and condition of all asbestos containing materials located within the
structures so that the regulated asbestos containing materials can be removed prior to the
start of the demolition activities.
6. Asbestos Abatement -The ENGINEER shall utilize an IDEM accredited Asbestos
Project Designer to prepare asbestos abatement specifications for the removal of all
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ENGINEERS • ARCHITECTS SCIENTISTS
PLANNERS SURVEYORS
July 14, 2010
Letter Agreement for Olive Road Clearing of Right of Way and Residential Demolition
Page 3
regulated asbestos containing materials from the structures. These specifications shall
include provisions for the proper handling, removal, transportation, and disposal of the
asbestos containing materials. The asbestos abatement specifications will be included in
the overall demolition specification package and will not be bid separately.
C. TASK 3 -BID PHASE SERVICES
The ENGINEER will perform apre-bid walk-through. ENGINEER will collect contractor
questions as they occur. The ENGINEER shall answer contractor questions in the form of a
published addendum(s). The ENGINEER shall publish addendums for the project as necessary.
The ENGINEER will attend the bid opening and assist in the review of all bids, providing
OWNER with a written recommendation as to which is the lowest qualified and responsive
bidder for the scope of work identified herein.
Once the OWNER issues the Notice of Award to the successful bidder, the ENGINEER will
develop, for the OWNER's review, the American Institute of Architects (AIA) agreement
between the OWNER and the contractor.
D. TASK 4 -DEMOLITION/CONSTRUCTION PHASE SERVICES
The ENGINEER will provide periodic Construction Administration throughout the demolition
phase of the project. This item includes the following work elements:
1. Facilitate pre-construction conferences. Prepare Agenda Meeting Report.
2. Perform periodic on-site observation. Review and complete project documentation.
3. Prepare Field Observation Report.
4. Review Project Submittals for compliance with Specifications.
5. Issue Supplemental Instruction and Proposal Requests.
6. Perform Final Inspection of Work.
7. Prepare Certificate of Substantial Completion.
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ENGINEERS • ARCHITECTS SCIENTISTS
PLANNERSSURVEYORS
July 14, 2010
Letter Agreement for Olive Road Clearing of Right of Way and Residential Demolition
Page 4
INFORMATION AND SERVICES TO BE FURNISHED BY THE OWNER
The OWNER shall do the following in a timely manner so as not to delay the services of the
ENGINEER:
1. Designate in writing a person to act as OWNER's representative with respect to the services to be
rendered under this Agreement.
2. Assist the ENGINEER by placing at ENGINEER's disposal all available information, as provided to
the OWNER, pertinent to the Project including but not limited to the following:
a. Previous reports and any other data relative to design or construction of the Project.
b. Utility and building plans available to the OWNER covering the facilities.
c. Soils and groundwater information from the site.
d. Data prepared by, or services of others and appropriate professional interpretations of such.
e. All written views pertinent to the location and environmental studies that are received by the
OWNER.
3. Arrange for access to and make all provisions for ENGINEER to enter upon public and private
property as required for ENGINEER to perform services under this Agreement.
4. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by the ENGINEER, obtain advice of attorney, insurance counselor and other consultants
as OWNER deems appropriate for such examination and render in writing decisions pertaining
thereto within a reasonable time so as not to delay the services of ENGINEER.
5. Furnish, or direct ENGINEER to provide, Additional Services as stipulated in this Agreement or other
services as required.
6. Provide all existing site drawings and survey information as available.
7. Provide all known information relative to well locations.
8. The OWNER shall provide for the review of all ENGINEER prepared documents by the OWNER's
legal counsel to ensure that the demolition contractor is responsible for the performance based
specifications and plans contemplated, as the OWNER deems necessary.
ADDITIONAL SERVICES BY THE ENGINEER (NOT INCLUDED IN THE SCOPE OF
WORK AND FEE)
If authorized in writing by the OWNER, ENGINEER shall furnish or obtain from others Additional
Services of the types listed in the following paragraphs. These services are not included as part of the
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ENGINEERS • ARCHITECTS • SCIENTISTS
PLANNERSSURVEYORS
July 14, 2010
Letter Agreement for Olive Road Clearing of Right of Way and Residential Demolition
Page 5
basic services of the ENGINEER except to the extent otherwise identified in the ENGINEER'S Scope
of Services.
1. Preparation of supporting documents for private or governmental grants, loans or advances in
connection with the project.
2. Services to make measured drawings of or to investigate existing conditions or facilities other
than those specifically identified under the ENGINEER's Scope of Services, or to verify the
accuracy of drawings other information furnished by the OWNER.
3. Any services required or associated with anticipated unforeseen issues, including but not limited
to, demolition and environmentaUabatement issues. It is anticipated that un-identified structures,
contaminated soils, or other related items maybe uncovered or exposed as part of the demolition
activities. It is also understood that although it maybe possible to identify some of these issues at
this time, the cost of the testing and investigation is prohibitive and is deemed by the OWNER to
be more effectively addressed during the demolition phase.
4. Services required for relocation of existing utilities.
5. Preparing documents for alternate bids requested by the OWNER for the Contractor's work, other
than stated in the ENGINEER'S Scope of Services.
6. The specification documents will be developed assuming the projects will be bid as lump sum
demolition projects. As such, services required to bid this project based on material quantities
and specific unit costs, which would require detailed quantity surveys of specific materials
intended for demolition, asbestos abatement and environmental remediation shall not be
accomplished as part of the Scope of Services.
7. Furnishing services of independent professional associates and consultants.
8. Assistance in connection with bid protests, rebidding or renegotiating contracts for demolition,
materials, equipment or services.
9. Preparing to serve or serving as a consultant or witness for OWNER in any litigation, arbitration
or other legal or administrative proceeding involving the project.
10. Post demolition topographic and as-built survey.
11. Preparation of a Phase I and II Environmental Site Assessment. The work described herein does
not constitute a Phase I Environmental Site Assessment.
13. Preparing opinions of itemized probable costs associated the proposed demolition work.
14. Preparation of Landfill Permitting Applications and associated laboratory testing.
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ENGINEERS • ARCHITECTS SCIENTISTS
PLANNERSSURVEYORS
July 14, 2010
Letter Agreement for Olive Road Clearing of Right of Way and Residential Demolition
Page 6
15. Additional Services in connection with the project, including services, which are to be furnished
by OWNER and services not otherwise provided for in this Agreement.
16. Verifying compaction of earthwork.
17. Printing costs associated with project documents.
18. Preparing more than on bid package.
SCHEDULE
This schedule is based on receiving a notice to proceed by August 2, 2010.
Date of City's possession for all residences November 1, 2010
Complete Asbestos Inspection November 8, 2010
Project Plans, Specifications and Bidding Documents Ready November 15, 2010
Open Bids December 6, 2010
COST OF SERVICES
Compensation to DLZ for services described herein shall be on a lump sum basis. The total not-to-
exceed fee is $27,300.00.
DESCRIPTION ESTIMATE TASK
AMOUNT
a. Asbestos Inspection and Abatement Plans and Documents $6,500.00
b. Demolition Plans and Documents $6,800.00
c. Clearing of Right of Way Plans and Documents $5,500.00
d. Project Specifications and Bidding Documents $2,500.00
e. Bidding Phase, Hourly Rate* $3,000.00
f. Construction Phase Services ,Hourly Rate* $3,000.00
TOTAL $27,300.00
* For those services performed as an "Hourly Rate", DLZ will be paid on the basis of actual hours of work
performed by essential personnel exclusively on this Agreement at the rates identified in Exhibit C for each
classification of employee.
Reimbursable expenses are in addition to the basic compensation and include actual expenditures for
fees expended for state and local approvals, permitting fees, newspaper notices, printing bidding
documents and postage. Reimbursable expenses shall be payable at a multiple of 1.20 times expenses
billed to DLZ.
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ENGINEERS • ARCHITECTS SCIENTISTS
PLANNERSSURVEYORS
July 14, 2010
Letter Agreement for Olive Road Clearing of Right of Way and Residential Demolition
Page 7
STANDARD TERMS AND CONDITIONS
The Standard Terms and Conditions, as attached, are incorporated here into and made part of this
Proposal (Exhibit D). The OWNER referred to in the Standard Terms and Conditions means the City of
South Bend.
CLOSING
DLZ trusts that this Letter Agreement meets with your approval. We look forward to working with the
City and appreciate the opportunity to submit this Letter Agreement. Should you have any questions,
please do not hesitate to contact either of the undersigned at (574) 236-4400.
If you agree with the terms expressed herein, please indicate your authorization and Notice to Proceed
by signing where indicated below and returning one (1) executed copy to our office.
Very truly yours,
DLZ INDIANA, LLC
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K. Fi k, P.E.
Vice President
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Brian M. Smith, P.E.
Project Manager
Date
AGREED AND ACCEPTED:
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
By:
By:
By:
Date
M:\PROJ\0761\2664\docs\agreement\Clearing & Demo Contract\Olive Road Demolition scope of services.docx
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iGG~is'~~ OLIVE ROAD
~~~~~' ~~' STRUCTURES TO BE DEMOLISHED
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F.xhihit C
DLZ INDIANA, LLC
STANDARD FEE STRUCTURE
ENGINEERING/ARCHITECTURAL
2010
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1 Principal $220.00
49 Division Manager (Chief Engineer) $175.00
50 Department Manager $160.00
55 Registered Land Surveyor $130.00
21 Project Manager $13 5.00
214 Senior Right-of--Way Engineer $135.00
53/58 Engineer IIUArchitect IIULandscape Architect IIU $122.50
Planner IIUScientist IIUGeologist III
52/57 Engineer IUArchitect IULandscape Architect IU $112.50
Planner II/Designer IIUScientist IUGeologist II
51/56 Engineer UArchitect I/Landscape Architect U $90.00
Planner U Desi er IUScientist UGeologist I
28 Designer I $75.00
29 Technician $65.00
147 Construction Administrator $105.00
152 Construction Observer $85.00
43 Clerical $50.00
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~~ Crew Ch1SSIflC[lllOlt ~OUYh' RatL'
143/99/99 3 - erson Survey Crew $182.50
142/99
142/99 Topographic Survey Crew (straight time)
Topographic Survey Crew (over time) $145.00
$220.00
63 1-person Field Crew $100.00
63 1 -person Field Crew (over time) $140.00
GPS 1- erson GPS/RTK Field Crew $160.00
13 Field Survey Technician $52.50
Reimbursable Ex enses Rntc
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Mileage (Outside of St. Joseph County) $0.445/mile
Travel Expenses Cost
Living Expenses Cost
Reproduction Refer to Paragraph A.4.b of Appendix D
Subconsultants Refer to Paragraph A.4.b of Ap endix D
Equipment Rental Refer to Paragraph A.4.b of Appendix D
Rates are subject to revision on January 1, 2011.
Cost of living/inflation increases of 3 to 7% per annum can be anticipated.
S:\DeptWdministrative\Clerical\RATES\2009REV Hourly Rates.doc
Exhibit D
STANDARD TERMS AND CONDITIONS
1. INVOICE AND PAYMENT PROCEDURES: DLZ shall submit
invoices, once a month, at a minimum, to the OWNER for Services
accomplished during each calendar month.
The O WNER, as OWNER or authorized agent for the O WNER, hereby agrees
that payment will be made for said Services within thirty (30) days from the
date of the invoice; and, in default of such payment, hereby agrees to pay all
cost of collection, including reasonable attorney's fees, regardless of whether
legal action is initiated. The OWNER hereby acknowledges that unpaid
invoices shall accrue interest at 18 percent per annum after they have been
outstanding for over thirty (30) days. If an invoice remains unpaid sixty (60)
days after the date of the invoice, DLZ may, upon giving seven (7) days written
notice of its intent to do so, suspend all Services on the OWNER's project.
This suspension shall remain in effect until all unpaid invoices are paid in full.
If an invoice remains unpaid ninety (90) days after the date of the invoice,
DLZ may, upon giving seven (7) days written notice of its intent to do so,
declare OWNER to be in breach of this Agreement and pursue its remedies for
collection.
OWNER for any purpose other than that for which such documents or
deliverable were originally prepared, or alternation of such documents or
_ deliverables without written verification or adaption by DLZ for the specific
purpose intended, shall be at OWNER's sole risk.
10. OPINIONS OF CONSTRUCTION COST: Any opinion of
construction costs prepared by DLZ is supplied for the general guidance of the
OWNER only. Since DLZ has no control over competitive bidding or market
conditions, DLZ cannot guarantee the accuracy of such opinions as compared
to contract bids or actual cost to OWNER.
11. INSURANCE: DLZ will maintain insurance coverage for Professional,
Comprehensive Genera], Automobile, Worker's Compensation and
Employer's Liability in amounts in accordance with legal, and DLZ business,
requirements. Certificates evidencing such coverage will be provided to
OWNER upon request. For projects involving construction, OWNER agrees
to require its construction contractor, if any, to include DLZ as an additional
insured on its policies relating to the Project. DLZ coverage referenced above
shall, in such case, be excess over contractor's primary coverage.
2. CONSTRUCTION SERVICES: Construction Phase Services are not
intended to be exhaustive detailed inspections but site observations to become
generally familiar with and to keep Owner informed about the progress and
quality of work. The Contractor is totally responsible for compliance with the
Contract Documents. If, under this Agreement, professional services are
provided during the construction phase of the project, DLZ shall not be
responsible for or have control over means, methods, techniques, sequences, or
procedures; or for safety precautions and programs in connection with the
Work. Nor shall DLZ be responsible for the Contractor' s failure to carry out
the Work in accordance with the Contract Documents or for Contractor' s
failure to comply with applicable laws, ordinances, rules or regulations. Under
no circumstances will DLZ have any direct contractual relationship with the
Construction Manager, Contractor, any subcontractors, material suppliers or
other consultants unless DLZ and the Owner expressly agree otherwise in
writing. OWNER agrees that DLZ will perform on-site construction review
for this project and that such services will not be performed by others.
3. SUBSURFACE INVESTIGATION: DLZ makes no representations
concerning soil conditions unless specifically included in writing in this
agreement, and DLZ is not responsible for any liability that may arise out of
the making or failure to make soil surveys, or sub-surface soil tests, or general
soil testing.
4. AGENCY REVIEW: In the event that the plans, specifications, and/or
field work covered by this contract are those required by various governmental
agencies and in the event, that due to change of policy of said agencies after
the date of this agreement, additional office or field work is required, the said
additional work shall be paid for by OWNER as extra work.
5. SURVEY STAHING: In the event that any staking is destroyed by an
act of God or parties other than DLZ, the cost of restaking shall be paid for by
OWNER as extra work.
6. MISCELLANEOUS EXPENSES: The OWNER shall pay the costs of
checking and inspection fees, zoning and annexation application fees,
assessment fees, soils engineering fees, soils testing fees, aerial topography
fees, and all other fees, permits, bond premiums, title company charges,
blueprints and reproductions, and all other charges not specifically covered by
the terms of this agreement.
7. CHANGE OF SCOPE: The Scope of Services set forth in this
Agreement is based on facts known at the time of execution ofthis Agreement,
including, if applicable, information supplied by DLZ and OWNER. DLZ will
promptly notify OWNER of any perceived changes of scope in writing and the
parties shall negotiate modifications to this Agreement before commencement
of change in scope.
8. SAFETY: DLZ shall establish and maintain programs and procedures
for the safety of its employees. DLZ specifically disclaims any authority or
responsibility for general job site safety and safety of persons other than DLZ
employees.
9. REUSE OF PROJECT DELIVERABLES: Reuse of any documents
or other deliverables, including electronic media, pertaining to the Project by
12. INDEMNITY: To the fullest extent permitted by law, DLZ shall
indemnify and save harmless from and against loss, liability, and damages
sustained by OWNER, its employees, and representatives byreason of injury
or death to persons or damage to tangible property to the extent caused directly
by the negligence of DLZ or its employees.
13. LIMITATIONS OF LIABILITY: No employee of DLZ shall have
individual liability to OWNER. OWNER agrees that, to the fullest extent
permitted by law, DLZ's total liability to OWNER for any and all injuries,
claims, losses, expenses or damages whatsoever arising out of or in any way
related to the Project or this Agreement from any causes including, but not
limited to, DLZ's negligence, error, omissions, strict liability, or breach of
contract shall not exceed Ten Thousand Dollars. If OWNER desires a limit of
liability Beater than provided above, OWNER and DLZ shall include in the
Ageement the amount of such limit and the additional compensation to be
paid to DLZ for assumption of such risk.
14. PREVAILING PARTY LITIGATION COSTS: In the event any
actions are brought to enforce this Agreement, the prevailing party shall be
entitled to collect its litigation costs ftom the other party. Any litigation shall
be governed by the laws of the state of Indiana.
15. AUTHORITY: The persons signing this Agreement warrant that they
have the authority to sign as, or on behalf of, the party for whom they are
signing.
16. STATUTE OF LIMITATIONS: To the fullest extent permitted by
law, parties agree that, except for claims for indemnification, the time period
for bringing claims regarding DLZ's performance under this Agreement shall
expire one yeaz after Project Completion.
17. SCHEDULE: DLZ shall not be responsible for the Contractor's schedule
or failure to carry out the Work in accordance with the Contract documents.
DLZ shall not have control over or charge of acts or omissions of the
Contractor, Subcontractors, or their agents or employees, or any other persons
performing portions of the Work.
18. SHOP DRAWINGS: Review of such submittals is not conducted for
the purpose of determining the accuracy of completeness of other details such
as dimensions and quantities, or for substantiating and/or coordinating
instructions for installation or performance of equipment of systems with other
contract disciplines, all of which remain the responsibility of the Contractor as
required by the Contract. DLZ's review shall not constitute approval of safety
precautions or, of any construction means, methods, techniques, sequences or
procedures. DLZ's approval of a specific item shall not indicate approval of an
assembly of which the item is a component.
Revised 5/07 M:\PROJ\0761\2664\docs\agreement\Clearing & Demo Contract\Exhibit D TermCond revised 5-11-07.doc