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HomeMy WebLinkAboutProfessional Services Agreement - DLZ Indiana LLC - Century Center Floor Slab Repair Design13 t6 COUNTY -Cary BUILDIN6, PHOW 574/235-9251 227 W-11"TFERSON Boui.i-NARD FAX 574/ 235-9171 Sol VT 1-1 1,11,M). INNANA 46601-1930 M On, OFSou'ruf BEND PETEBurr]GIEG, MAYOR BOARD OF PUBLIC WORKS August 28, 2018 Gary Fisk DLZ Indiana, LLC 2211 East Jefferson Blvd. South Bend, IN 46615 RE: Professional Services Agreement Dear Mr. Fisk: The Board of Public Works, at its meeting held on August 28, 2018, approved the above referenced agreement regarding the Century Center floor slab repair design in the amount, not to exceed, of $11,500. Enclosed please find the original of the agreement for your signature, Please sign and return the original agreement to our office and retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, b*- Linda M. Martin, Clerk Enclosure GMy A. Giw'.i' SUZANNA M. Hu-1713Hw EuZAW'r11� A. MARANK JAws A. T131-,RF,5E1. DORAU ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE AGREEMENT BETWEEN OWNER AND ARCHITECT/ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of August Twenty-eight, Two Thousand Eighteen ("Effective Date") between Board of Public Works, City of South Bend, Indiana ("Owner") and DLZ `lndiana LLC("Architect/Architect/Engineer") Owner's Project, of which Architect/Engineer's services under this Agreement are a part, is generally identified as follows: Damage Inspection Reportof the South Bend C,entuiy;Center ("Project") Architect/Engineer's Services under this Agreement are generally identified as follows: Owner and Architect/Engineer further agree as follows: 1.01 Basic Agreement and Period of,Service A. Architect/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, Architect/Engineer shall furnish services in addition to those set forth above. Owner shall pay Architect/Engineer for its services as set forth in Paragraphs 7.01 and 7.02. B. Architect/Engineer shall complete its services within a reasonable time, or within the following specific time period: September 14, 2018 (anticipated). C. If the Project includes construction -related professional services, then Architect/Engineer's time for completion of services is conditioned on the time for Owner and its contractors to complete construction not exceeding to be determined number of months. If the actual time to complete Page 1 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional )engineers for EJCDC. All rights reserved. construction exceeds the number of months indicated, then Architect/Engineer's period of set -vice and its total compensation shall be appropriately adjusted. 2.01 Payment Procedures A. Invoices: Architect/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 -9 35 days of receipt. 0 paFmitted by law, if less) f+eRi said thkieth . In addition, Architect/Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until Architect/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 Architect/Engincer 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 patty upon 30 days written notice in the event of substantial failure by the other patty to perform in accordance with the Agreement's terms through no fault of the terminating party. Failure to pay Architect/Engineer for its services is a substantial failure to perform and a basis for termination. B. By Architect/Engineer: 1) upon seven days written notice if Owner demands that Architect/Engineer furnish or perform services contrary to Architect/Engineer's responsibilities as a licensed professional; or 2) upon seven days written notice if the Architect/Engineer's services for the Project are delayed for more than 90 days for reasons beyond Architect/Engineer's control. Architect/Engineer shall have no liability to Owner on account of a termination by Architect/Engineer under Paragraph 3.01.A.1.b. C. 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 faihlre 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 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. Z. For convenience, by Owner effective upon Architect/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 Architect/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, Architect/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 Architect/Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Architect/Engineer (and to the extent permitted by Paragraph 4.01.13 the assigns of Owner and Architect/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 Architect/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 Architect/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 Architect/Engineer and not for the benefit of any other party. 5.01 General Considerations A. The standard of care for all professional Architect/Engineering and related services performed or furnished by Architect/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 satire locality. Architect/Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Architect/Engineer's services. Subject to the foregoing standard of care, Architect/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. Architect/Engineer shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall Architect/Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, Page 3 EJCDC E-500 Agreement Behveen Owner and Engineer for Professional services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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 Iaw of the state or jurisdiction in which the Project is located. D. Architect/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. Architect/Engineer is not responsible for variations between actual construction bids or costs and Architect/Engineer's opinions or estimates regarding construction costs. E. Architect/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 Architect/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 Architect/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 Architect/Engineers Joint Contract Documents Committee (EJCDC C-700, 2007 Edition) unless the parties agree otherwise. G. All documents prepared or furnished by Architect/Engineer are instruments of service, and Architect/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 Architect/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 Architect/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 Architect/Engineer; (2) any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Arch itect/Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Architect/Engineer or to its officers, directors, members, partners, agents, employees, and consultants; (3) Owner shall indemnify and hold harmless Architect/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 Architect/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 Architect/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 Architect/Engineer's total Page 4 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Societv of Professional Enmineers for EJCDC. All rights reserved. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner: City of South Bend, Indiana Board of Public Works By: Title: Gary A. Gilat, President By: Title: Suzanna M. Fritzberg, Member By: Title: Elizabeth A. Maradik, Member j Title: T� e J. Dorau, Member By: 4 q\-- Title: Jam s A. Mueller, Member Attest: Title: nida M. Martin, Clerk Date: q), 6b . ffi Architect/Engineer: DLZ Indiana, LLC By: Title: Date: Gary K. Fisk, P.E, Vice President Architect/Engineer License or 860383 Firm's Certificate No. State of: Indiana Address for giving notices: Address for giving notices: 227 West Jefferson Boulevard 2211 East Jefferson Boulevard South Bend, Indiana 46601 South Bend, Indiana 46615 Designated Representative: Designated Representative: Kara M. BoyIes, Ph.D., P.E. Stephen P. Kromkowski, AIA Title: City Architect/Engineer Title: Principal Architect Phone Number: (574) 235-5933 Phone Number: Facsimile Number: (574) 235-9171 Facsimile Number: E-Mail Address: kboyles cr,southhendin.>;ov E-Mail Address 574-236-4400 574-236-4417 skromkowski(a7dlz.eom Page 6 EJCDC C-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engincers for EJCDC. All rights reserved. liability to Owner under this Agreement shall be limited to $50,000 or the total amount of compensation received by Architect/Engineer, whichever is greater. I. The parties acknowledge that Architect/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 Architect/Engineer or any other party encounters a Hazardous Environmental Condition, Architect/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. J. Owner and Architect/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 Architect/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 and hourly rate A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Architect/Engineer as follows: 1. A Lump Sum amount of Ten Thousand Five Hundred Dollars ($10,500.00) plus 2. A not to exceed amount of One Thousand Dollars ($1,000.00) based on hourly rate of actual work performed. 3. Total Basis of Payment: Eleven Thousand Five Hundred Dollars ($11,500.00). B. The portion of the compensation amount billed monthly for Architect/Engineer's services will be based upon Architect/Engineer's estimate of the percentage of the total services actually completed during the billing period. 7.02 Additional Services: For additional services of Architect/Engineer's employees engaged directly on the Project, Owner shall pay Architect/Engineer an amount equal to the cumulative hours charged to the Project by each class of Architect/Engineer's employees times standard hourly rates for each applicable billing class; plus reimbursable expenses and Architect/Engineer's consultants' charges, if any. Architect/Engineer's standard hourly rates are attached as Appendix 1. Attachments: Appendix 1, Architect/Engineer's Standard Hourly Rates Page 5 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE This is EXHIBIT A, consisting of 2 pages, referred to in and part of the Agreement between Owner and Architect/Engineer for Professional Services dated August 28, 2018. Arch itect/En i!ineer's Services PART 1— BASIC SERVICES A 1.00 GENERAL A. The Project, as described herein, shall consist of preparing a damage inspection report for the South Bend Century Center in the city of South Bend, Indiana. The Project shall include the following: A1.01 DESIGN SERVICES A. Perform Damage Inspection and Prepare Report (Lump Sum) 1 ;The Architect/Engineer, shall provide the following: a. Perform on -site field investigation of existing conditions. b. Document existing conditions observed. c. Review Owner -provide As -Built drawings of existing construction, including original construction and sub sequent renovations and remodel projects within designated areas. d. Engage in services of specialty consulting firm to conduct ground penetrating radar survey within designated work area, includes one - day on -site analysis and documentation of findings. e. Identify corrective actions to restore conditions prior to event. f. Prepare opinion of probable construction cost associated with corrective actions. Exhibit A - Page 1 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. g. Prepare draft Damage Inspection Report and review with Client. h. Prepare Final Damage Inspection Report with Client comments. B. Coordination with Insurance Company (Hourly Rate) 1. Review findings of report with insurance carrier. 2. Provide report and additional supportive documentation to assist in preparation of claim. PART 2 — ADDITIONAL SERVICES A2.01 Additional Services requiring Owner's Written Authorization 1. 1f authorized in writing by the Owner, Architect/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 basic services of the Architect/Engineer except to the extent provided otherwise in Appendix "A". These Additional Services include, but are not limited to the following, and will be paid for by Owner on an hourly rate basis in accordance with the hourly rates included in Appendix 1 to Exhibit C. A. Design and Construction Documents services. B. Bidding and Procurement services. C. Construction Administration services. A2.02 Additional Services Not Requiring Owner's Written Authorization 1. Architect shall advise Owner in advance that Architect/Engineer is will immediately commence to perform or furnish the Additional Services of the types listed below. For such Additional Services, Architect/Engineer need not request or obtain specific advance written authorization from Owner. Architect/Engineer shall cease performing or furnishing such Additional Services upon receipt of written notice from Owner. A. Not Applicable Exhibit A - 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. This is Appendix 1- Exhibit A, consisting of 1 page referred to in and part of the Agreement between Owner and Architect/Engineer for Professional Services dated August 28, 2018. ect Work Area >' it I s I [[ 5 IS y ; � 4 I . l f _ l 1 �- f�.�I f I APPENDIX 1- EXHIBIT A FOR REFERENCE ONLY v � l Ill [)k' SI)t[[41111_\I) � °� uaa- scr ¢[.�sxviaxtn apt Appendix 1- Exhibit A - Page 1 EJCAC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT B, consisting of 4 pages, referred to in and part of the Agreement between Owner and Al•chitect/Engineer for Professional Services dated August 28, 2018, Owner's Resnonsibilities B 1.01 In addition to other responsibilities of Owner as set forth in this Agreement; Owner shall at its expenses, A. Provide Architect/Engineer with all criteria and full information as to Owner's requirements for the Project, including 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 the Drawings and Specifications; and furnish copies of Owner's standard forms, conditions, and related documents for Architect/Engineer to include in the Bidding Documents, when applicable. B. Furnish to Architect/Engineer any other available information pertinent to the Project including reports and data relative to previous designs, or investigation at or adjacent to the Site. C. Following Architect/Engineer's assessment of initially -available Project information and data and upon Architect/Engineer's request, furnish or otherwise make available such additional Project related information and data as is reasonably required to enable Architect/Engineer to complete its Basic and Additional 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, casement, right-of-way, and other special surveys or data, including establishing relevant reference 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. 6. Data or consultations as required for the Project but not otherwise identified in the Agreement or the Exhibits thereto. Exhibit B - Page r EJCDC E-500 Agreement ReWeen oxvner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 7. Prepare and submit application for street vacation. D. Give prompt written notice to Architect/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 Architect/Engineer's services, or any defect or nonconformance in Architect/Engineer's services, the Work, or in the performance of any Contractor. E. Authorize Architect/Engincer to provide Additional Services as set forth in Part 2 of Exhibit A of the Agreement as required. F. Arrange for safe access to and make all provisions for Architect/Engineer to enter upon public and private property as required for Architect/Engineer to perform services under the Agreement. G. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by Architect/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. H. Provide reviews, approvals, and permits from all governmental authorities having jurisdiction to approve all phases of the Project designed or specified by Architect/Engineer and such reviews, approvals, and consents from others as may be necessary for completion of each phase of the Project. I. Recognizing and acknowledging that Architect/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 Architect/Engineer reasonably requests. 3. Such auditing services as Owner requires to ascertain how or for what purpose Contractor has used the moneys paid. I Place and pay for advertisement for Bids in appropriate publications. K. Advise Architect/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 Architect/Engineering, and constructability review. Exhibit B - Page 2 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. L. Furnish to Architect/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 estirnating, insurance counseling, and legal advice) for Owner so that Architect/Engineer may assist Owner in collating the various cost categories which comprise Total Project Costs. M. If Owner designates a construction manager or an individual or entity other than, or in addition to, Architect/Engincer 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 Architect/Engineer. N. If more than one prime contract is to be awarded for the Work designed or specified by Architect/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 Architect/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. O. Attend the 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 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. Q. Provide Architect/Engincer with the findings and reports generated by the entities providing services to Owner pursuant to this paragraph. R. Inform Architect/Engineer in writing of any specific requirements of safety or security programs that are applicable to Architect/Engineer, as a visitor to the Site. S. Perform or provide the following additional services: 1. Designate in writing a person to act as Owner's representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define Owner's policies and decisions with respect to the Architect/Engineer's services for the Project. Exhibit B - Page 3 EJCDC E-500 Agreement Between Owner and Engineer for Professional services Copyright 0 2008 National society of Professional Engineers for EJCDC. All rights reserved. 2. Provide all criteria and full information as to Owner's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. 3. Furnish to Architect/Engineer, as required for performance of Architect/Engineer's Basic Services (except to the extent provided otherwise in Appendix "A") the following: a. Data prepared by Owner and/or others or services of others and appropriate professional interpretations of such for materials necessary during the negotiations process. 4. Arrange for access to and make all provisions for Architect/Engineer and/or Subcontractors to enter upon public and private property as required to perform services under this Agreement. S. Examine all drawings and other documents presented by Architect/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 Architect/Engineer. b. Furnish all legal services as may be required for the development of the project including review and approval of conveyance documents by City Attorney, legal counsel and services for condemnation proceedings, if needed. 7. Provide written approval of completed work phases as described in Appendix "A" of the Agreement. Accomplish reviews and provide written approvals in a timely manner. 8. Furnish, or direct Architect/Engineer to provide, Additional Services as stipulated in Exhibit A of this Agreement or other services as required. 9. Owner shall provide direction to Architcct/Engineer regarding acceptability of Administrative Settlements and/or additional/revised terms of acquisition as may arise during negotiations with property owners. Such decisions regarding acceptability of counter offers, changes in terms of proposed acquisition, acceptance of Administrative Settlements and/or initiation of condemnation procedures shall rest solely with the Owner and are not the responsibility or under the authority of Architect/Engineer. 10. Owner shall provide title company closing and settlement services for secured parcels. Exhibit B - Page 4 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. This is Exhibit C, consisting of 3 pages, referred to in and part of the Short Form of Agreement between Owner and Architect/Engineer for Professional Services dated August 28, 2018. Payment to Architect/Engineer for Services and Reimbursable Expenses COMPENSATION PACKET BC-1: Basic Services — Lump Sum and Standard Hourlv Rates Article 2 of the Agreement is supplemented to include the following agreement of the parties: ARTICLE 2 — OWNER'S RESPONSIBILITIES C1.01 Compensation for Basic Services (other than Resident Project Representative) - Lump Sun? and Standard Hourly Rates Method of Payment A. Owner shall pay Architect/Engineer for Basic Services set forth in Exhibit A, except for services of Architect/Engineer's Resident Representative, if any, as fOlIoYVS: Item Description Amount Type a. Damage Inspection and Report $10,500.00 Lump Sum b. Coordination With Insurance Company $1,000.00 Hourly Rate Total $11,500.00 1. Architect/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. 2. The Lump Sum includes compensation for Architect/Engineer's services and services of Architect/Engineer's Consultants, if any, Appropriate amounts have been incorporated in the Lump Sum to account for labor, overhead, profit, and Reimbursable Expenses. Exhibit C - Page 1 EJCDC E-500 Agreement Between owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 3. The portion of the Lump Sum amount billed for Architect/Engineer's services will be based upon Architect/Engineer's estimate of the percentage of the total services actually completed during the billing period. 4. An amount equal to the cumulative hours charged to the Project by each class of Architect/Engineer's personnel times Standard Hourly Rates for each applicable billing class for all services performed on the Project, plus Reimbursable Expenses and Architect/Engineer's Consultants' charges, if any. 5. Architect/Engincer's Reimbursable Expenses Schedule and Standard Hourly Rates are attached to this Exhibit C as Appendices 1. 6. Architect/Engineer may alter the distribution of compensation between individual phases of the work noted herein to be consistent with services actually rendered, but shall not exceed the total estimated compensation amount unless approved in writing by Owner. 7. The total estimated compensation for Architect/Engineer's services included in the breakdown by phases incorporates all labor, overhead, profit, Reimbursable Expenses and Architect/Engineer's Consultants' charges. 8. The hourly rate amounts billed for Architect/Engineer's services under Paragraph C2.01 will be based on the cumulative hours charged to the Project during the billing period by each class of Architect/Engineer's employees times Standard Hourly Rates for each applicable billing class, plus Reimbursable Expenses and Architect/Engineer's Consultants' charges. 9. The Standard Hourly Rates and Reimbursable Expenses Schedule will be adjusted annually (as of January each annum) to reflect equitable changes in the compensation payable to Architect/Engineer. A. Period of Service: The compensation amount stipulated is conditioned on a period of service not exceeding one (1) month. If such period of service is extended, the compensation amount for Architect/Engineer's services shall be appropriately adjusted. Exhibit C - 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. This is Appendix 1- Exhibit C, consisting of 2 pages referred to in and part of the Agreement between Owner and Architect/Engineer for Professional Services dated August 28, 2018. Architect/Engineer's Standard Hourly Rates B. Standard Hourly Rates: 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. 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: DLZ INDIANA, LLC - STANDARD FEE STRUCTURE - 2018 ARCH ITECT/E N G IN E E R I N G/ARCH ITECTU RAIL Astiv;ty Code Employee Classification - .. 2018 Hourly J. Rate:; .: 1 Principal $225.00 49/49D Division Manager/Director $215.00 50 Department Manager $190.00 55/4/14 Registered Land Surveyor/Survey Coordinator/Right of Way Coordinator $140.00 80/217 Senior Project Manager/ Project Manager II $190.00 21/216 Project Manager 1 $175.00 341/340/556/S57 Electrical/Mechanical/Structural Architect/Engineer VI $175.00 555/565/214/485/487 Architect/Engineer V/Architect V/Landscape Arch. V/Planner V/Scientist V/Geologist V/SurveyorV $170.00 554/564/484/486 Architect/Engineer IV/Architect IV/Landscape Architect IV/Planner IV/Scientist IV/Geologist IV $165.00 53/58/227/135 Architect/Engineer III/Architect III/Landscape Architect III/Planner III/Scientist III/Geologist III $145.00 52/57/228/136 Architect/Engineer II/Architect II/Landscape Architect II/Planner II/Scientist II/Geologist II $135.00 51/56/230/137 Architect/Engineer I/Architect I/Landscape Architect I/Planner I/Scientist I/Geologist I $110.00 Appendix 1- Exhibit C - Page 1 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 28 Designer 1 $100.00 472 Designer 11 $115.00 473 Designer 111 $130.00 29 Technician $75.00 126/147 Construction Observer Manager/Administrator $130.00 152 Construction Observer $105.00 43 Clerical $65.00 430 Office Services Coordinator $85.00 06 Intern $55.00 Appendix 1 - Exhibit C - Page 2 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. BOARD OF PUBUC WORKS AGENDA ITEM RE VIEW RF',QUEST FORM Date August 22, 2018 Department Public Works Name Roger Nawrot Division,/Bureau Engineering BPW Date August 28, 2018 Phone Extension 5932 PriorR aired to Submittal to Board Legal Z Attorney Name: Clara McDaniels Controller z Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy H Agreement L-1 Contract L] Proposal ILJ Addendum Z Professional Services El Resolution El Bid Opening F-1 Bid Award Req. to Advertise Z'Title Sheet [] Quote Opening F-1 Quote Award F-1 Change Order No. F-1 C/O & PCA No. F-1 P,CA El Ease/Encroach. F-1 Traffic Control: F-1 Other: Company or Vendor Name DLZ Indiana, LLC E] Yes El No F] If Yes, Approved by New Vendor Purchasing __ . ....... MBE/WBE Contractor M MBE E] WBE MBEANBE Contractor Requested E] No, 0 Yes Name of Company Project Name Damage Inspection Report of the Century Center Project Number 118-082 Funding Source Liability Insurance Account No. 226-0419-672.43-02 Code cc2018 Amount $11,500.00 Terms of Contract Purpose/Description Amount of L] Increase F-1 Decrease Previous Amount Current Percent of Change New Amount Total Percent of Chanqe-. Copy Original 1-1 El El F-1 El 1-1 Not to Exceed Conditions report and repair cost estimate for floor slab repair due to a roof drain piping failure in the lower level north restrooms. 0 Required Contractor's Certification Forms Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) Chris Dressel Dispersal After