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HomeMy WebLinkAboutProfessional Services Agreement - DLZ Indiana LLC - Design Services for Washington and LaPorte St Intersection1316 COUNTY —CITY BUILDING 227 W.JEFFERSON BOULEVARD SOI ITH BEND_ INDIANA 46601-1 930 MAY'49- BOARD OF PUBLIC , r November 27, 2018 Gary Fisk DLZ Indiana, LLC 2211 E Jefferson Blvd. South Bend, IN 46615 RE: Professional Services Agreement Dear Mr. Fisk: PHONE 574/235-9251 FAX 574/235-9171 The Board of Public Works, at its meeting held on November 27, 2018, approved the above referenced agreement regarding design services for improvements to the Washington St./LaPorte St. intersection in the amount of $43,000. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure GARY A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU f ENGINEERSJOINT CON,.,FRAC,..r AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of �"KI , % , ("Effective Date") between I Board of Public Works City ofSoutli Bend, Indian("Owner") and DLZ Indiana, LLC ("Engineer") Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: Washington Street Improvement Project (SB Proj. No. )("Project"), Engineer's Services under this Agreement are generally identified as follows: Plan Preparation and Design Modifications for the Washington Street Improvement Project, South Bend, Indiana. 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: 360 calendar days after receipt of the written notice to proceed C. If the Project includes construction -related professional services, then Engineer's time for completion of services is conditioned on the time for Owner and its contractors to complete construction not exceeding 4 months. If the actual time to complete construction exceeds the number of months indicated, then Engineer's period of service and its total compensation shall be appropriately adjusted. 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. 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. W. , fi s i � .. . . '.° , 'hen the amouWs due F-Aginee be i—w—d at the mle Fv'�� s , 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 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 3.0l .A.l .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 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 Page 2 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright ht © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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 4.01.13 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. Page 3 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All ri hts reserved. 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 $,, 0 01. 0 or the total amount of compensation received by Engineer, whichever is greater. I. The parties acknowledge that Engineer's scope of services does not include any services related to a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous substances or waste as defined by the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq., or radioactive materials). If Engineer or any other party encounters a Hazardous Environmental Condition, Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until Owner: (1) retains appropriate specialist consultants or contractors to 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. 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. 7.01 Basis of Payment —Lump Sum and Hourly Rate A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1. An amount of $59,400.00, See Exhibit C B. 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 of Exhibit C. Attachments: Appendix 1 of Exhibit B, Project Work Area Appendix 1 of Exhibit C, Engineer's Standard Hourly Rates Page 5 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers 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 PUbliq Works - L By: �" m Title: Gary A. Gilot, President By: Title: . Sim, rt�l "r tzlae� Mel ter By: Title: FlirttbetIt A. Maradik, Member �r By: Title: Therese J. l:Jdht c'�:-""" �.. By: Title: James A. Mueller, Member Attest: Title: `""'°° �jnda. Martin, Clerk Engineer: DLZ Indiana, LLC By: Title: 1§pry K isk„ PE, ie r ident Date: /1 7 ,20 (k Date: Address for giving notices: 227 West Jefferson Boulevard South Bend, Indiana 46601 Designated Representative (Paragraph 8.03.A) Kara M. Boyles, Ph.D., P.E. Title: City Engineer Phone Number: (574) 235-5933 i/(.`/zo 19 Engineer License or Firm's Certificate No. State of: Indiana Address for giving notices: 2211 E. Jefferson Boulevard South Bend, Indiana 46615 860383 Designated Representative (Paragraph 8.03.A): Paul D. Foster Title: Assistant Highway Department Manager Phone Number: Facsimile Number: (574) 235-9171 Facsimile Number: E-Mail Address: E-Mail Address: NANO- ...... ...... ....... ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE 574-236-4400 574-236-4471 foster ,dlz.com Page 6 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Co vri ht © lane National Society of Professional En ineers for EJCDC. All rights reserved. This is EXHIBIT A, consisting of 9 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated 2018. Engineer's Services PART 1 — BASIC SERVICES A 1.00 GENERAL a. The Project, as described herein, shall consist of preparing design and plans for the following: A1.01 DESIGN SERVICES A. Data Collection 1. Provide necessary field and topographic surveys for design purposes including the following: a. Establish horizontal and vertical control throughout the project limits. Horizontal control will be based on the Indiana Coordinate System of 1983, East. Vertical control will be based on the North American Vertical Datum of 1988 (NAVD88). b. Provide approximately 1,360 lineal feet of topographic mapping within the limits indicated in Appendix 1 of Exhibit A. The width of the survey corridor will be the apparent right-of-way. The mapping will include features such as curbs, sidewalks, traffic poles, outline of landscape areas, outline of wooded areas, trees over 6" in diameter, etc. c. Locate and provide rim elevations for castings (manholes, catch basins and curb inlets) within the project limits, including those just beyond the curb line. d. Detail sanitary and storm structures to determine invert elevations, flow direction, type and size of pipes. e. Known subsurface utilities will be depicted based on the field survey of surface markings provided by Indiana Underground Plant Protection Service. f. Create topographic base map from the survey data. g. Right of way/property lines based on available field investigation and recorded subdivision plats, apparent right of way will be shown for any Exhibit A — Page 1 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Co ri ht © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. areas lying outside of a subdivision. Lot lines will be depicted per the recorded subdivision plats or GIS information. B. Design Phase (Lump Sum) 1. Prepare Design Phase Documents for the Project, including: a. Develop Design and Plans for the Washington Avenue Improvement Project which, includes the following (See Appendix 1 of Exhibit A: 1) Two 12 foot wide travel lanes, one lane in each direction, with an 8 foot parking lane along both sides of Washington Street, where feasible. 2) Along Chapin Street/Dr. Martin Luther King Drive, the lane configuration will remain two travel lanes, one in each direction, with an exclusive left turn lane. 3) All sidewalk will be replaced within the project limits, except the sidewalk along the south side of Washington Street, west of Chapin Street. 4) All curb ramps will be replaced within the project limits.. 5) Cross walks will be squared off to cross the roadway to as close a 90 degree angle, as feasible. 6) Bump -outs shall be included at the intersections and alleys. 7) Parking will be maintained along Washington Street where feasible. 8) Re -align the north approach of LaPorte Avenue at the intersection with Washington Street. 9) The right turn lane for westbound traffic on Washington Avenue turning onto LaPorte Avenue will be removed to re-establish a tree - lawn along the north side of Washington Street between LaPorte Avenue and Chapin Street/Dr. Martin Luther King Drive. 10) The two drives to the Kizer House in the northwest quadrant of the intersection of Washington Street and Chapin Street/Dr. Martin Luther King Drive will be eliminated and parking will be added. 11) The roadways will be milled and resurfaced within the project limits. 12) All work shall be performed within the existing right of way, Exhibit A — Page 2 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Co vri ht 0 2008 National Society of Professional Engineer, for EJCDC. All rights reserved. 13) Develop Design and Plans for Pavement Markings and Signing. 14) Prepare Contract Documents and Specifications for Bidding. C. Monthly Progress Meetings (Hourly Rate) 1. Develop the agenda, attend and prepare minutes for monthly progress meetings during the design of this project. D. Utility Coordination 1. Provide utility coordination and mapping for design purposes. Utility mapping will be based upon information obtained from utility Owners. 2. Contact all Utilities that are anticipated to be located within the project corridor to: a. Notify the Utilities of the proposed project improvements. b. Request utility maps from each Utility showing their facilities that may be located within the project location. c. Evaluate utility maps to verify there are no apparent conflicts with the grinding of existing stumps, tree removal and/or planting of new trees within the tree lawn. E. Limitation of Responsibilities: Engineer shall not be responsible for the acts or omissions of any Contractor, Subcontractor or Supplier, or other individuals or entities performing or furnishing any of the work, for safety or security at the site, or for safety precautions and programs incident to Contractor's work, during the Construction Phase or otherwise. Engineer shall not be responsible for the failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. PART 2 — ADDITIONAL SERVICES A2.01 Additional Services requiring Owner's Written Authorization A. 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 basic services of the 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. Exhibit A — Page 3 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Co yri ht © 2008 National Society of Professional En ineers for EJCDC. All ri hts reserved. 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 make 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. 3. 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 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 independent professional associates and 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 Exhibit A — Page 4 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Co right © 2008 National Socie of Professional Engineers for EJCDC. All ri hts reserved. 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. 12. Providing construction surveys and staking to enable Contractor to perform its work and any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. 13. Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor. 14. Providing assistance in responding to the presence of any Constituent of Concern at the Site, in compliance with current Laws and Regulations. 15. Preparing Record Drawings showing appropriate record information based on Project annotated record documents received from Contractor, and furnishing such Record Drawings to Owner. 16. Preparation of operation and maintenance manuals. 17. 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, if not the fault of the Engineer. 18. Providing more extensive services required to enable Engineer to issue notices or certifications requested by Owner. 19. Assistance in connection with the adjusting of Project equipment and systems. 20. Assistance to Owner in training Owner's staff to operate and maintain Project equipment and systems. 21. Assistance to Owner in developing procedures for (a) control of the operation and maintenance of Project equipment and systems, and (b) related record - keeping. 22. Overtime work requiring higher than regular rates. 23. Other services performed or furnished by Engineer not otherwise provided for in this Agreement. Exhibit A — Page 5 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 24. Providing any type of property surveys and staking to enable contractor(s) to proceed with their work. 25. Additional Services in connection with the project, including services which are to be furnished by Owner in accordance with B2.01. and services not otherwise provided for in this Agreement. 26. In the event of condemnation, additional fees for court preparation, appearances and testifying shall be negotiated. 27. Providing appraisal and/or relocation services. 28. Obtaining lien and/or encumbrance release(s). 29. Providing appraisal, negotiation and/or relocation services.. 30. Obtaining Subconsultant title company for title insurance, title policy (after acquisition) and closing services when directed by Owner. 31. Lighting Design and Plans. 32. Traffic Signal Modifications. 33. Modifications to the existing traffic signal equipment or lighting poles at the intersection of Washington Street and Chapin Street/Dr. Martin Luther King Drive. 34. Right of Way Engineering and acquisitions services. 35. Design of Plant Irrigation System. 36. Assist City in Holding a Public Information Meeting, including Preparation of Visual Displays, PowerPoint slides, and Attendance. 37. Bidding, Preconstruction, and Construction Phase Services. 38. Left turn warrants at the intersection of Washington Street and LaPorte Avenue and Dr. Martin Luther King Drive. 39. Traffic counts. 40. Landscape Design and Plans. A2.02 Additional Services Not Requiring Owner's Written Authorization A. 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 Exhibit A — Page 6 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright (C) 2008 Nalional Society of Professional Eqginccrsfor 'F JC DC:. All rights reserveti. 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. 4. Additional or extended services during construction made necessary by (1) emergencies or acts of God endangering the Work (advance notice not required), (2) the presence at the Site of any Constituent of Concern or items of historical or cultural significance, (3) Work damaged by fire or other cause during construction, (4) a significant amount of defective, neglected, or delayed work by Contractor, (5) acceleration of the progress schedule involving services beyond normal working hours, or (6) default by Contractor. 5. Services (other than Basic Services during the Post -Construction Phase) in connection with any partial utilization of any part of the Work by Owner prior to Substantial Completion. 6. Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in connection with the Work. 7. Reviewing a Shop Drawing more than three times, as a result of repeated inadequate submissions by Contractor. 8. While at the Site, compliance by Engineer and its staff with those terms of Owner's or Contractor's safety program provided to Engineer subsequent to the Effective Date that exceed those normally required of engineering personnel by federal, state, or local safety authorities for similar construction sites. Exhibit A — Page 7 EJCDC 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 Appendix 1 of EXHIBIT A, consisting of 1 page, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , 2018. Work Area Appendix t — Exhibit A — Project Work Area EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Co ri ht C 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 Engineer for Professional Services dated 2018, Owner's Responsibilities B1.01 In addition to other responsibilities of Owner as set forth in this Agreement, Owner shall at its expenses. - A. Provide 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 Engineer to include in the Bidding Documents, when applicable. B. Furnish to 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 Engineer's assessment of initially -available Project information and data and upon Engineer's request, furnish or otherwise make available such additional Project related information and data as is reasonably required to enable Engineer to complete its Basic and Additional Services. Such additional information or data would generally include the following: 1. Property descriptions. 1 Zoning, deed, and other land use restrictions. 3. Property, boundary, easement, 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 1 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Socie of Professional En ineers for EJCDC. All rights reserved. 7. Prepare and submit application for street vacation. D. Give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of the presence at the Site of any Constituent of Concern, or of any other development that affects the scope or time of performance of Engineer's services, or any defect or nonconformance in Engineer's services, the Work, or in the performance of any Contractor. E. Authorize Engineer to 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 Engineer to enter upon public and private property as required for Engineer to perform services under the Agreement. G. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by Engineer (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as Owner deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. H. Provide reviews, approvals, and permits from all governmental authorities having jurisdiction to approve all phases of the Project designed or specified by Engineer and such reviews, approvals, and consents from others as may be necessary for completion of each phase of the Project. I. Recognizing and acknowledging that Engineer's services and expertise do not include the following services, provide, as required for the Project: 1. Accounting, bond and financial advisory, independent cost estimating, and insurance counseling services. 2. Legal services concerning issues pertaining to the Project as Owner requires, Contractor raises, or Engineer reasonably requests. 3. Such auditing services as Owner requires to ascertain how or for what purpose Contractor has used the moneys paid. J. Place and pay for advertisement for Bids in appropriate publications. K. Advise Engineer of the identity and scope of services of any independent consultants employed by Owner to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value engineering, and constructability review. L. Furnish to Engineer data as to Owner's anticipated costs for services to be provided by others (including, but not limited to, accounting, bond and financial, Exhibit B - Page 2 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright c0 2008 National Society of Professional Engineers for LICDC. All rights r c rveedw independent cost estimating, insurance counseling, and legal advice) for Owner so that Engineer may assist Owner in collating the various cost categories which comprise Total Project Costs. M. If Owner designates a construction manager or an individual or entity other than, or in addition to, Engineer to represent Owner at the Site, define and set forth as an attachment to this Exhibit B the duties, responsibilities, and limitations of authority of such other party and the relation thereof to the duties, responsibilities, and authority of Engineer. N. If more than one prime contract is to be awarded for the Work designed or specified by Engineer, designate a person or entity to have authority and responsibility for coordinating the activities among the various prime Contractors, and define and set forth the duties, responsibilities, and limitations of authority of such individual or entity and the relation thereof to the duties, responsibilities, and authority of Engineer as an attachment to this Exhibit B that is to be mutually agreed upon and made a part of this Agreement before such services begin. 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 Engineer with the findings and reports generated by the entities providing services to Owner pursuant to this paragraph. R. Inform Engineer in writing of any specific requirements of safety or security programs that are applicable to 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 Engineer's services for the Project. 2. Provide all criteria and full information as to Owner's requirements for the Project, including design objectives and constraints, space, capacity and Exhibit B - 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. performance requirements, flexibility and expandability, and any budgetary limitations. 3. Furnish to Engineer, as required for performance of 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 Engineer and/or Subcontractors to enter upon public and private property as required to perform services under this Agreement. 5. Examine all drawings and other documents presented by 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. 6. 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. Owner shall provide direction to 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 Engineer. 9. 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 Co yri ht ©2008 National Society of Professional En ineers for EJCDC. All ri hts reserved. This is Exhibit C, consisting of 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated .2018. Payment to Architect/Engineer for Services and Reimbursable Expenses COMPENSATION PACKET: Basic Not to Exceed 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 C2.01 Compensation for Basic Services (other than Resident Project Representative) - Lump Sum 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 follows: Item Description Amount Type Design Services: $9,700.00 Lump a. Topographic SurveySum $23,600.00 Lump b. Desi and Plans for Washington Street Improvement Project Sum C. Utility Coordination $3,400.00 Hourly d. Monthly Progress Meetings $6,300.00 Hourly Total Not to Exceed Design Services: $43,000.00 1. 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 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. Exhibit C - Page l 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 Engineer's services will be based upon 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 Engineer's personnel times Standard Hourly Rates for each applicable billing class for all services performed on the Project, plus Reimbursable Expenses and Engineer's Consultants' charges, if any. 5. The total estimated compensation for Engineer's services included in the breakdown by phases as noted in Paragraph C2.01.A.2 incorporates all labor, overhead, profit, Reimbursable Expenses and Engineer's Consultants' charges. 6. The amounts billed for 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 Engineer's employees times Standard Hourly Rates for each applicable billing class, plus Reimbursable Expenses and Engineer's Consultants' charges. 7. 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 Engineer. A. Period of Service: The compensation amount stipulated is conditioned on a period of service not exceeding 24 months. If such period of service is extended, the compensation amount for Engineer's services shall be appropriately adjusted. C2.02 Compensation for Reimbursable Expenses A. Owner shall pay Engineer for all Reimbursable Expenses at the rates set forth in Appendix 1 to this Exhibit C. B. Reimbursable Expenses include the following categories: transportation and subsistence incidental thereto; providing and maintaining field office facilities including furnishings and utilities; toll telephone calls and mobile phone charges; reproduction of reports, Drawings, Specifications, Bidding Documents, and similar Project -related items in addition to those required under Exhibit A. In addition, if authorized in advance by Owner, Reimbursable Expenses will also include expenses incurred for the use of highly specialized equipment. C. The amounts payable to Engineer for Reimbursable Expenses will be the Project - related internal expenses actually incurred or allocated by Engineer, plus all invoiced external Reimbursable Expenses allocable to the Project, the latter multiplied by a factor of 1.2. Exhibit C - Page 2 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Co yri ht © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. C2.03 Other Provisions Concerning Payment A. Whenever Engineer is entitled to compensation for the charges of Engineer's Consultants, those charges shall be the amounts billed by Engineer's Consultants to Engineer times a factor of 1.2. B. Factors. The external Reimbursable Expenses and Engineer's Consultants' factors include Engineer's overhead and profit associated with Engineer's responsibility for the administration of such services and costs. Estimated Compensation Amounts: 11 Engineer's estimate of the amounts that will become payable for specified services are only estimates for planning purposes, are not binding on the parties, and are not the minimum or maximum amounts payable to Engineer under the Agreement. 2. When estimated compensation amounts have been stated herein and it subsequently becomes apparent to Engineer that the total compensation amount thus estimated will be exceeded, Engineer shall give Owner written notice thereof, allowing Owner to consider its options, including suspension or termination of Engineer's services for Owner's convenience. Upon notice, Owner and Engineer promptly shall review the matter of services remaining to be performed and compensation for such services. Owner shall either exercise its right to suspend or terminate Engineer's services for Owner's convenience, agree to such compensation exceeding said estimated amount, or agree to a reduction in the remaining services to be rendered by Engineer, so that total compensation for such services will not exceed said estimated amount when such services are completed. If Owner decides not to suspend the Engineer's services during the negotiations and Engineer exceeds the estimated amount before Owner and Engineer have agreed to an increase in the compensation due Engineer or a reduction in the remaining services, then Engineer shall be paid for all services rendered hereunder. C. To the extent necessary to verify Engineer's charges and upon Owner's timely request, Engineer shall make copies of such records available to Owner at cost. Exhibit C - 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. This is Appendix 1 of Exhibit C, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated 9 2018. Engineer's Standard Hourly Rates A. 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. 2. The Standard Hourly Rates apply only as specified in Paragraphs 7.01 and 7.02, and are subject to annual review and adjustment. B. Schedule of Hourly Rates. Hourly rates for services performed on or after the Effective Date are; DLZ INDIANA, LLC - STANDARD FEE STRUCTURE - 2018 ENGINEERING/ARCHITECTURAL 20_ A i d Code Employee Classfcatloh 1 Principal $225.00 49/49D Division Manager/Director $215.00 50 Department Manager $190.00 55/4/14 80/217 Registered Land Surveyor/Survey Coordinator/Right of Way Coordinator Senior Project Manager / Project Manager II $140.00 $190.00 21/216 Project Manager 1 $175.00 341/340/556/557 Electrical/Mechanical/Structural Engineer VI $175.00 555/565/214/485/ 487 Engineer V/Architect V/Landscape Arch. V/Planner V/Scientist V/Geologist V/Surveyor V $170.00 554/564/484/486 Engineer IV/Architect IV/Landscape Architect IV/Planner IV/Scientist IV/Geologist IV $165.00 53/58/227/135 Engineer III/Architect III/Landscape Architect III/Planner III/Scientist III/Geologist III $145.00 52/57/228/136 Engineer II/Architect II/Landscape Architect II/Planner II/Scientist II/Geologist II $135.00 51/56/230/137 28 Engineer I/Architect I/Landscape Architect I/Planner I/Scientist I/Geologist 1 Designer 1 $110.00 $100.00 472 Designer II $115.00 473 Designer III $130.00 Appendix I of Exhibit C, 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. Paae l 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 $55.00 142/99 142/99 1�a'2018 2 - person Topographic Survey Crew (straight time) 2 — person Topographic Survey Crew (over time) How aI $210.00 $275.00 336 1— person Field Crew $125.00 336 1— person Field Crew (over time) $165.00 GPS/339 SCAN 1— person GPS/RTK Field Crew HDS Laser / UAS Scanning Crew $165.00 $270.00 13/94 1 Field Survey Technician / Survey -Mapping Assistant $90.00 Appendix I of Exhibit C, Standard Hourly Rates 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 2 This is Exhibit D, Project Schedule consisting of 1 page, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , 2018. neer's Proiect Schedule CITY OF SOUTH BEND WASHINGTON STREET IMPROVEMENT PROJECT SCHEDULE 201812019 October I November I December I January SUBMIT AGREEMENT (NOTICE TO PIROCEED February RVEY & P CITY REVI' March I APrII :LIMINARY PLANS (60%) 1 W (7 CAL DAYS) FINAL PLANS( (28 CAL DAYS) (90%) PUBLIC INFORM( TION MEETING CITY REVIEW (7 CAL DAYS FINAL TRACINGS (21 CAL DAYS) BIDDING Exhibit D — Page l 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. 0 CAL DAYS BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date Name 11/19/18 Chris Dressel Department Community Investment BPW Date 11/27/18 Phone Extension 5847 i � ��� a�w�muuhwium�rmu�;wu�®mmn�mmmmmns�urmuumv��oimmmw �wmmm��w�ums�wi�¢imonre�rvuw�r�u�ur�w��e�r�mmwo� ammm��mmr�u�uuuuraraaaw�� R umiredmmmPrior to Submittal to Board Legal Z Attorney Name Sandra Kennedy 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 Purchasing D Check ..-" -.- ._...... -�� Agreement ® Professional Services ❑ Bid Opening ❑ Quote Opening ❑ Change Order No. _ 0 Ease/Encroach. F-1 Other: HE1M H Contract 0 Resolution F] Bid Award ❑ Quote Award C/O & PCA No. ❑ Traffic Control for All Submissions Proposal— ❑ Req. to Advertise ired Information Company or Vendor Name DLZ Indiana LLC ❑ PCA New Vendor ❑ Yes ® No ❑ If Yes, Approved by Purchasing MBE/WBE Contractor ❑ MBE ❑ WBE MBE/WBE Contractor Requested ❑ No ❑ Yes Name of Company Project Name Washinc ton/LaPorte Improvement Pro..ect Project Number 118-105 ❑ Title Sheet Funding Source COIT Account No. 404-1001-460-42.03 Amount $ 43,000 Termsof Contract 11 /27/18�_ 12/3l./�.........................��.............................. � � � �......m..m..m..m..m..m..m..m.......................� ���� . .....�.,......,,._,,, ........... ......................... _,,,............ Purpose/Description Assist City of South Bend with design services for improvements to the Washington Street / LaPorte Street Intersection ❑ Required Contractor's Certification Form Attached (Non - Collusion Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) Ike uired For Change Orders On Amount of Increase Decrease $ Previous Amount Current Percent of Change: New Amount Total Percent of Change: - Dispersal After Approval Copy Original ❑ El ❑ El