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HomeMy WebLinkAboutPSA- Bowman Creek Improvements at Lincoln Way East – WBK Engineering, LLC1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND. INDIANA 4660I -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARDOF PUBLIC WORKS December 19, 2019 Mr. Charles Hanlon WBK Engineering, LLC 116 W. Main St., Suite 201 St. Charles, IL 60174 RE: Professional Services Agreement Dear Mr. Hanlon: PHONE 574/235-9251 FAx 574/235-9171 The Board of Public Works, at its meeting held on December 19, 2019, approved the above referenced agreement for the Bowman Creek improvements at Lincoln Way East engineering in the amount of $40,700. 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. Enclosure Sincerely, .�04 Linda M. Martin, Clerk December 19, 2019 GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DoRAU 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: W �k A_�&t Title: Gary A Gilot, Presi ent By: ' ..,. Title: Elizabeth A. Maradi , Member ��'j I -\"------,- Title: N llieres J. Do ail, Matt c ° L. O'Sullivan, Member By: Title: Genevieve E. Miller, Member Attest:�t�"f Title: M.. r,�nda Martin,, C�6rk Date„ /.� // f /,;) c) 0 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 Facsimile Number: (574) 235-9171 Engineer: WBK Engineering, LLC By: Title: _ ltal°les llanlon, Vice President Date: 12/9/2019 Engineer License or Finn's PEI 1600192 Certificate No. State of Indiana Address for giving notices: 116 West Main Street, Suite 201 St. Charles, Illinois 60174 Designated Representative (Paragraph 8.03.A): John Witte Title: Water Resources Practice Principal Phone Number: 630 443-7755 Facsimile Number: E-Mail Address: kboyl s it soutl bl Ljjdig.uwy E-Mail Address: JWtte@wbkengineering.com Page ... _, 17 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Co�yriRht ©2008 National Society of Professional Engineers for EJCDC. All rights reserved. 8.02 Total Agreement: A. This Agreement, (together with the exhibits identified above) 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 based on the format of Exhibit K to this Agreement. 8.03 Designated Representatives: A. With the execution of this Agreement, Engineer and Owner shall designate specific individuals to act as Engineer's and Owner's representatives with respect to the services to be performed or furnished by Engineer and responsibilities of Owner under this Agreement. Such an individual shall have authority to transmit instructions, receive information, and render decisions relative to the Project on behalf of the respective party whom the individual represents. 8.04 Engineer's Certifications: A. Engineer certifies that it has not engaged in corrupt, fraudulent, or coercive practices in competing for or in executing the Agreement. For the purposes of this Paragraph 8.04: l . "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the selection process or in the Agreement execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the selection process or the execution of the Agreement to the detriment of Owner, or (b) to deprive Owner of the benefits of free and open competition; 3. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the selection process or affect the execution of the Agreement. Page 16 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional En meers for EJCDC. All rights reserved. __......... �w,,,�.................................... This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Laws and Regulations. AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by ACEC C of erica � q TIlkAWD(LIMCP C1MEV4 C ONTRfTORS 01 A UC I I ArI Ir of, Nc I nI a e IIiIIV "Ir. QaeA@yr... �15, American Society National Society of ASCEof0 Professional Engineers CIVIC Engineers Professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ..--........................................................... ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright c0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. This Agreement has been prepared for use with the Standard General Conditions of the Construction Contract (EJCDC C-700, 2007 Edition). Their provisions are interrelated, and a change in one may necessitate a change in the other. For guidance on the completion and use of this Agreement, see EJCDC User's Guide to the Owner -Engineer Agreement, EJCDC E-001, 2009 Edition. Copyright © 2008 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703)684-2882 www.q American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202)347-7474 www.acec.or,8, American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.or Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC E-500 Standard Form of Agreement Between (Tuner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. TABLE OF CONTENTS Page ARTICLE 1 — SERVICES OF ENGINEER ................................................ »»...... ......... ..............,.,....,. 1 1.01 Scope............................................................................................................................................. I ARTICLE 2 — OWNER'S RESPONSIBILITIES ,.,.»„».......... .............................................................1 2.01 General..........................................................................................................................................I ARTICLE 3 — SCHEDULE FOR RENDERING SERVICES... .................... ..,...,.....,...,...,..... ....,.................. 2 3.01 Commencement .... --- ....» ............... ......... ......... ......... ................... .......,.».,, 2 3.02 Time for Completion .......... ............. ............. .......». „..»..,., ......... ........, ...,..................... 2 ARTICLE 4 — INVOICES AND PAYMENTS .................... .......„....,—.............................................. 2 4.01 Invoices......, ..... --- ....... ........................................................... ......... .„....»......... .........2 4.02 Payments ........................ ..........................»....,....................,.................................... 2 ARTICLE 5 — OPINIONS OF COST............................................................................................................... 3 5.01 Opinions of Probable Construction Cost ........... ........ ........ ......— 3 5.02 Designing to Construction Cost Limit......................................................................................... 3 5.03 Opinions of Total Project Costs .... .................... ................... .......... ......... ......... 3 ARTICLE 6 — GENERAL CONSIDERATIONS............................................................................................ 3 6.01 Standards of Performance», .....»....................... ..... ......................... .................... ............. 3 6.02 Design Without Construction Phase Services.......—., .... ................ ...... ............................... 5 6.03 Use of Documents......................................................................................................................... 5 6.04 Insurance ...... ......... ......... ......... .............. ......... ............................................ 7 6.05 Suspension and Termination..,,,,., .......... ......... ......... ......... ......... .....„.... ........ ,.,.....,..,. 7 6.06 Controlling Law ............................................... ......... ..w.»„... .................................... 9 6.07 Successors, Assigns, and Beneficiaries .................................. ......... „....„».. ,.»»..„.. ............. 9 6.08 Dispute Resolution .......................... ... „........... .,........ .,........» .,. ........................ ........,.„ 10 6.09 Environmental Condition of Site-- ............................ ........ ........................... .....10 6.10 Indemnification and Mutual Waiver..........................................................................................10 6.11 Miscellaneous Provisions........................................................................................................... I I ARTICLE 7 — DEFINITIONS .............................................. ...... ..„.,..,. ........................... ........... 12 7.01 Defined Terms............................................................................................................................12 ARTICLE 8 — EXHIBITS AND SPECIAL PROVISIONS ....--- ........ ....... ............... ..........15 8.01 Exhibits Included........................................................................................................................15 8.02 Total Agreement......................................................................................................................... 16 8.03 Designated Representatives— ...,.»............................................ ........... ,........ ...........16 8.04 Engineer's Certifications......—................................„.,......,....,. ........................... ...........16 i /� ffl (Ji J%r AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SER"ICES THIS IS AN AGREEMENT effective as of D,,b,,I , 2019 ("Effective Date") between Board of Public Works, City of South Bend,. Indiana ("Owner") and WBK En ineerin , LLC ("Engineer"). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: Bowman Creek Concept En ineerin "Project" . Engineer's services under this Agreement are generally identified as follows: Boundary & Topographic Survey, Conce t Plannin & Engineering,and Project Meetings Owner and Engineer further agree as follows: ARTICLE 1— SERVICES OF ENGINEER 1.01 Scope A. Engineer shall provide, or cause to be provided, the services set forth herein and in Exhibit A. ARTICLE 2 — OWNER'S RESPONSIBILITIES 2.01 General A. Owner shall have the responsibilities set forth herein and in Exhibit B. B. Owner shall pay Engineer as set forth in Exhibit C. C. Owner shall be responsible for, and Engineer may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by Owner to Engineer pursuant to this Agreement. Engineer may use such requirements, programs, 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. instructions, reports, data, and information in performing or furnishing services under this Agreement. ARTICLE 3 — SCHEDULE FOR RENDERING SERVICES 3.01 Commencement A. Engineer is authorized to begin rendering services as of the Effective Date. 3.02 Time for Completion A. Engineer shall complete its obligations within a reasonable time. Specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided in Exhibit A, and are hereby agreed to be reasonable. B. If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer's services is impaired, or Engineer's services are delayed or suspended, then the time for completion of Engineer's services, and the rates and amounts of Engineer's compensation, shall be adjusted equitably. C. If Owner authorizes changes in the scope, extent, or character of the Project, then the time for completion of Engineer's services, and the rates and amounts of Engineer's compensation, shall be adjusted equitably. D. Owner shall make decisions and carry out its other responsibilities in a timely manner so as not to delay the Engineer's performance of its services. E. If Engineer fails, through its own fault, to complete the performance required in this Agreement within the time set forth, as duly adjusted, then Owner shall be entitled, as its sole remedy, to the recovery of direct damages, if any, resulting from such failure. ARTICLE 4 — INVOICES AND PAYMENTS 4.01 Invoices A. Preparation and Submittal of Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and the terms of Exhibit C. Engineer shall submit its invoices to Owner on a monthly basis. Invoices are due and payable within 35 days of receipt. 4.02 Payments A. Application to Interest and Principal: Payment will be credited first to any interest owed to Engineer and then to principal. B. Failure to Pay: If Owner fails to make any payment due Engineer for services and expenses within 30 days after receipt of Engineer's invoice, then: 4 t�1ue Iirte�- �itorit tfeol�tl —rinterest permitted by law, ifless) . 'etktday;and Page 2 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services �� Copyright ©2008 National Society ofProfessional Engineers for EJCDC. All rights reserved. 2. Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until Owner has paid in full all non -disputed amounts due for services, expenses, and other related charges. Owner waives any and all claims against Engineer for any such suspension. C. Disputed Invoices: If Owner contests an invoice, Owner shall promptly advise Engineer of the specific basis for doing so, may withhold only that portion so contested, and must pay the undisputed portion. D. Legislative Actions: If after the Effective Date any governmental entity takes a legislative action that imposes taxes, fees, or charges on Engineer's services or compensation under this Agreement, then the Engineer may invoice such new taxes, fees, or charges as a Reimbursable Expense to which a factor of 1.0 shall be applied. Owner shall reimburse Engineer for the cost of such invoiced new taxes, fees, and charges; such reimbursement shall be in addition to the compensation to which Engineer is entitled under the terms of Exhibit C. ARTICLE 5 — OPINIONS OF COST 5.01 Opinions of Probable Construction Cost A. Engineer's opinions of probable Construction Cost are to be made on the basis of Engineer's experience and qualifications and represent Engineer's best judgment as an experienced and qualified professional generally familiar with the construction industry. However, because Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors' methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by Engineer. If Owner requires greater assurance as to probable Construction Cost, Owner must employ an independent cost estimator as provided in Exhibit B. 5.02 Designing to Construction Cost Limit A. If a Construction Cost limit is established between Owner and Engineer, such Construction Cost limit and a statement of Engineer's rights and responsibilities with respect thereto will be specifically set forth in Exhibit F, "Construction Cost Limit," to this Agreement. 5.03 Opinions of Total Project Costs A. The services, if any, of Engineer with respect to Total Project Costs shall be limited to assisting the Owner in collating the various cost categories which comprise Total Project Costs. Engineer assumes no responsibility for the accuracy of any opinions of Total Project Costs. ARTICLE 6 — GENERAL CONSIDERATIONS 6.01 Standards of Performance A. Standard of Care: 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 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. time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer's services. B. Technical Accuracy: Owner shall not be responsible for discovering deficiencies in the technical accuracy of Engineer's services. Engineer shall correct deficiencies in technical accuracy without additional compensation, unless such corrective action is directly attributable to deficiencies in Owner -furnished information. C. Consultants: Engineer may employ such Consultants as Engineer deems necessary to assist in the performance or furnishing of the services, subject to reasonable, timely, and substantive objections by Owner. D. Reliance on Others: Subject to the standard of care set forth in Paragraph 6.0l .A, 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. E. Compliance with Laws and Regulations, and Policies and Procedures: Engineer and Owner shall comply with applicable Laws and regulations. 2. Prior to the Effective Date, Owner provided to Engineer in writing any and all policies and procedures of Owner applicable to Engineer's performance of services under this Agreement. provided to Engineer in writing. Engineer shall comply with such policies and procedures, subject to the standard of care set forth in Paragraph 6.0l.A, and to the extent compliance is not inconsistent with professional practice requirements. This Agreement is based on Laws and Regulations and Owner -provided written policies and procedures as of the Effective Date. Changes after the Effective Date to these Laws and Regulations, or to Owner -provided written policies and procedures, may be the basis for modifications to Owner's responsibilities or to Engineer's scope of services, times of performance, or compensation. 1~„ Engineer shall not be required to sign any documents, no matter by whom requested, that would result in the Engineer having to certify, guarantee, or warrant the existence of conditions whose existence the Engineer cannot ascertain. Owner agrees not to make resolution of any dispute with the Engineer or payment of any amount due to the Engineer in any way contingent upon the Engineer signing any such documents. G. 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 both parties mutually agree to use other general conditions by specific reference in Exhibit J. H. Engineer shall not at any time supervise, direct, control, or have authority over any contractor 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 Site, nor for any 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. failure of a contractor to comply with Laws and Regulations applicable to such contractor's furnishing and performing of its work. I. Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. J. Engineer shall not provide or have any responsibility for surety bonding or insurance -related advice, recommendations, counseling, or research, or enforcement of construction insurance or surety bonding requirements. K. 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 agents, employees, and Consultants) at the Site or otherwise furnishing or performing any Work; or for any decision made regarding the Contract Documents, or any application, interpretation, or clarification, of the Contract Documents, other than those made by Engineer. L. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's and Owner's safety programs of which Engineer has been informed in writing. 6.02 Design Without Construction Phase Services A. Engineer shall be responsible only for those Construction Phase services expressly required of Engineer in Exhibit A, Paragraph A1.05. With the exception of such expressly required services, Engineer shall have no design, Shop Drawing review, or other obligations during construction and Owner assumes all responsibility for the application and interpretation of the Contract Documents, review and response to Contractor claims, contract administration, processing Change Orders, revisions to the Contract Documents during construction, construction surety bonding and insurance requirements, construction observation and review, review of payment applications, and all other necessary Construction Phase engineering and professional services. Owner waives all claims against the Engineer that may be connected in any way to Construction Phase engineering or professional services except for those services that are expressly required of Engineer in Exhibit A, Paragraph A1.05. 6.03 Use of Documents A. The Owner acknowledges the Engineer's construction documents, including all electronic files, as instruments of professional services. Nevertheless, the final construction documents, including all electronic files, prepared under this agreement shall become the property of the Owner upon completion of services and payment in full of all monies due to the Engineer. The Owner shall not reuse or make any modification to the construction documents without the prior written authorization of the Engineer. M Doeuments ai,e instrun:. ie -io Ofw4tw4,wg-the-eepyright and the right - Ir it. A. �eet-4s­�ew -Owner shall not rely in any way on any Document unless it is in printed form, signed or sealed by the Engineer or one of its Consultants. B. Either party to this Agreement may rely that data or information set forth on paper (also known as hard copies) that the party receives from the other party by mail, hand delivery, or facsimile, are Page 5 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright C0 2008 National Society of Professional Engineers for EJCDC. All rightsmreserved. the items that the other party intended to send. Files in electronic media format of text, data, graphics, or other types that are furnished by one party to the other are furnished only for convenience, not reliance by the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. If the parties agree to other electronic transmittal procedures, such are set forth in Exhibit J. C. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any transmittal errors detected within the 60-day acceptance period will be corrected by the party delivering the electronic files. D. When transferring documents in electronic media format, the transferring party makes no representations as to long-term compatibility, usability, or readability of such documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the documents' creator. E. Owner may make and retain copies of Documents for information and reference in connection with use on the Project by Owner. Engineer grants Owner 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. F. If Engineer at Owner's request verifies the suitability of the Documents, completes them, or adapts them for extensions of the Project or for any other purpose, then Owner shall compensate Engineer at rates or in an amount to be agreed upon by Owner and Engineer. G. At completion of any survey services and upon payment of monies due the Engineer for those services, the Engineer shall provide the owner with all survey data and drawings, upon which it will become the property of the Owner. H. At completion of any traffic study services and upon payment of monies due the Engineer for those services, the Engineer shall provide the owner with all data and models, upon which it will become the property of the Owner. Page 6 ....�.. EJCDC E-500 Agreement Between Owner and Engineer For Professional Services ty IG EJCDC. All rights reserved. ..... Cop�ht 2008 National Socie of Professional En meers for ................. .. ^ I. At completion of any geotechnical or material investigation services and upon payment of monies due the Engineer for those services, the Engineer shall provide the owner with all data, upon which it will become the property of the Owner. 6.04 Insurance A. Engineer shall procure and maintain insurance as set forth in Exhibit G, "Insurance." Engineer shall cause Owner to be listed as an additional insured on any applicable general liability insurance policy carried by Engineer. B. Owner shall procure and maintain insurance as set forth in Exhibit G, "Insurance." Owner shall eause Bgi*earldAli . pol LL . ees on r li;�i+a�s-- ar ..are -eies an-d as 1—J C. Owner shall require Contractor to purchase and maintain policies of insurance covering workers' compensation, general liability, property damage (other than to the Work itself), motor vehicle damage and injuries, and other insurance necessary to protect Owner's interests in . the Project. O �` .. ,` ited as ' ionai-i ,. witd - ap t t cl� lity „tt..�.. a y ,ems p D. t Engineer shall eaeh-deliver to the Owner ether -certificates of insurance evidencing the coverages indicated in Exhibit G. Such certificates shall be furnished prior to commencement of Engineer's services and at renewals thereafter during the life of the Agreement. E. "a.�iufeA 1,rg�tlaita" to. a�,�ell t that iffsUf l l ti ma' re -; .. :m. a S e'I"ti ... F. All policies of insurance shall contain a provision or endorsement that the coverage afforded will not be canceled or reduced in limits by endorsement, and that renewal will not be refused, until at least 30 days prior written notice has been given to Owner and-4;figiiieer and to each other additional insured (if any) to which a certificate of insurance has been issued. G. At any time, Owner may request that Engineer or its Consultants, at Owner's sole expense, provide additional insurance coverage, increased limits, or revised deductibles that are more protective than those specified in Exhibit G. If so requested by Owner, and if commercially available, Engineer shall obtain and shall require its Consultants to obtain such additional insurance coverage, different limits, or revised deductibles for such periods of time as requested by Owner, and Exhibit G will be supplemented to incorporate these requirements. 6.05 Suspension and Termination A. Suspension: By Owner: Owner may suspend the Project for up to 90 days upon seven days written notice to Engineer. Page 7 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2. By Engineer: Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement if Engineer's performance has been substantially delayed through no fault of Engineer. B. Termination: The obligation to provide further services 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 terms hereof through no fault of the terminating party. 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 or suspended for more than 90 days for reasons beyond Engineer's control. 3) Engineer shall have no liability to Owner on account of such termination. C. Notwithstanding the foregoing, this Agreement will not terminate under Paragraph 6.05.B.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 thereof; 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, a. By Owner effective upon Engineer's receipt of notice from Owner. C. Effective Date of Termination: The terminating party under Paragraph 6.05.B may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to demobilize personnel and equipment from the Site, 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. D. Payments Upon Termination: Page 8� EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Cody Eht © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 1. In the event of any termination under Paragraph 6.05, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all Reimbursable Expenses incurred through the effective date of termination. Upon making such payment, Owner shall have the limited right to the use of Documents, at Owner's sole risk, subject to the provisions of Paragraph 6.03.E. 2. In the event of termination by Owner for convenience or by Engineer for cause, Engineer shall be entitled, in addition to invoicing for those items identified in Paragraph 6.05.D.1, to invoice Owner and to payment of a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with Engineer's Consultants, and other related close-out costs, using methods and rates for Additional Services as set forth in Exhibit C. 6.06 Controlling Law A. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located. 6.07 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 6.07.13 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 in this Agreement: 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. 1 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. Owner agrees that the substance of the provisions of this Paragraph 6.07.0 shall appear in the Contract Documents. Page 9 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Socistyof Professional Engineers for EJCDC. All rights reserved. 6.08 Dispute Resolution �. FlIve vinf w B. . , b t ey--it"lie---tote--- 1- r s of hib t 11. If Exhibit H is not included, or if no dispute resolution method is specified in Exhibit H, then the parties may exercise their rights under law. 6.09 Environmental Condition of Site A. Owner has disclosed to Engineer in writing the existence of all known and suspected Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, hazardous substances, and other Constituents of Concern located at or near the Site, including type, quantity, and location. B. Owner represents to Engineer that to the best of its knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at the Site. C. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer shall notify (1) Owner and (2) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. D. It is acknowledged by both parties that Engineer's scope of services does not include any services related to Constituents of Concern. If Engineer or any other party encounters an undisclosed Constituent of Concern, or if investigative or remedial action, or other professional services, are necessary with respect to disclosed or undisclosed Constituents of Concern, then 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 Constituents of Concern; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. E. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineer's services under this Agreement, then the Engineer shall have the option of (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause on 30 days notice. F, Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall not be required to become an "owner" "arranger," "operator," "generator," or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer's activities under this Agreement. 6.10 Indemnification and Mutual Waiver A. Indemnification by Engineer: To the fullest extent permitted bylaw, Engineer shall indemnify and hold harmless Owner, and Owner's officers, directors, members, partners, agents, consultants, Page 10 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All ri hts reserved and employees from reasonable claims, costs, losses, and damages arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Engineer or Engineer's officers, directors, members, partners, agents, employees, or Consultants. This indemnification provision is subject to and limited by the provisions, if any, agreed to by Owner and Engineer in Exhibit I, "Limitations of Liability." B. Indemnification by Owner: Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants as required by Laws and Regulations and to the extent (if any) required in Exhibit I, Limitations of Liability. C, Environmental Indemnification: To the fullest extent permitted by law, Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, and all court, arbitration, or other dispute resolution costs) caused by, arising out of, relating to, or resulting from a Constituent of Concern at, on, or under the Site, provided that (1) any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (2) nothing in this paragraph shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willful misconduct. D. Percentage Share of Negligence: To the fullest extent permitted by law, a party's total liability to the other party and anyone claiming by, through, or under the other party for any cost, loss, or damages caused in part by the negligence of the party and in part by the negligence of the other party or any other negligent entity or individual, shall not exceed the percentage share that the party's negligence bears to the total negligence of Owner, Engineer, and all other negligent entities and individuals. E. Mutual Waiver: To the fullest extent permitted by law, Owner and Engineer waive against each other, and the other's employees, officers, directors, members, 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. 6.11 Miscellaneous Provisions A. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. B. Survival: All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. C. Severability: Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Engineer, which agree that the Agreement shall be reformed to Page 11 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services t'npyright (0 2008 National Society of Professional Engineers ror EJCDC. All right reserved. replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. D. Waiver: A party's non -enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. E. Accrual of Claims: To the fullest extent permitted by law, all causes of action arising under this Agreement shall be deemed to have accrued, and all statutory periods of limitation shall commence, no later than the date of Substantial Completion. ARTICLE 7 — DEFINITIONS 7.01 Defined Terms A. Wherever used in this Agreement (including the Exhibits hereto) terms (including the singular and plural forms) printed with initial capital letters have the meanings indicated in the text above, in the exhibits, or in the following provisions: I M Additional Services — The services to be performed for or furnished to Owner by Engineer in accordance with Part 2 of Exhibit A of this Agreement. Agreement — This written contract for professional services between Owner and Engineer, including all exhibits identified in Paragraph 8.01 and any duly executed amendments. Asbestos — Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 4. Basic Services — The services to be performed for or furnished to Owner by Engineer in accordance with Part 1 of Exhibit A of this Agreement. 5. Construction Contract — The entire and integrated written agreement between Owner and Contractor concerning the Work. 6. Construction Cost — The cost to Owner of those portions of the entire Project designed or specified by Engineer. Construction Cost does not include costs of services of Engineer or other design professionals and consultants; cost of land or rights -of -way, or compensation for damages to properties; Owner's costs for legal, accounting, insurance counseling or auditing services; interest or financing charges incurred in connection with the Project; or the cost of other services to be provided by others to Owner pursuant to Exhibit B of this Agreement. Construction Cost is one of the items comprising Total Project Costs. T Constituent of Concern — Any substance, product, waste, or other material of any nature whatsoever (including, but not limited to, Asbestos, Petroleum, Radioactive Material, and PCBs) which is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); (b) the Hazardous Materials Transportation Act, 49 U.S.C. Page 12 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services — _ Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved.mmITITmmmmm ..............._ §§1801 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (0 the Clean Air Act, 42 U.S.C. §§7401 et seq.; and (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 8. Consultants — Individuals or entities having a contract with Engineer to furnish services with respect to this Project as Engineer's independent professional associates and consultants; subcontractors; or vendors. 9. Contract Documents — Those items so designated in the Construction Contract, including the Drawings, Specifications, construction agreement, and general and supplementary conditions. Only printed or hard copies of the items listed in the Construction Contract are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10, Contractor — The entity or individual with which Owner has entered into a Construction Contract. 11. Documents — Data, reports, Drawings, Specifications, Record Drawings, and other deliverables, whether in printed or electronic media format, provided or furnished in appropriate phases by Engineer to Owner pursuant to this Agreement. 12„ Drawings — That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings are not Drawings as so defined. 13. Effective Date — The date indicated in this Agreement on which it becomes effective, but if no such date is indicated, the date on which this Agreement is signed and delivered by the last of the parties to sign and deliver. 14. Engineer — The individual or entity named as such in this Agreement. 15. Hazardous Waste — The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 16. Laws and Regulations; Laws or Regulations — Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 17. Owner — The individual or entity with which Engineer has entered into this Agreement and for which the Engineer's services are to be performed. Unless indicated otherwise, this is the same individual or entity that will enter into any Construction Contracts concerning the Project. 18. PCBs — Polychlorinated biphenyls. .... �ww, Page 13 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Co nht g 2008 Nati onal society of Professional Engineers for EJCDC. All rights reserved. 19. Petroleum — Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -hazardous waste and crude oils. 20. Project — The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 21. Radioactive Material — Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 22. Record Drawings — Drawings depicting the completed Project, prepared by Engineer as an Additional Service and based solely on Contractor's record copy of all Drawings, Specifications, addenda, change orders, work change directives, field orders, and written interpretations and clarifications, as delivered to Engineer and annotated by Contractor to show changes made during construction. 23. Reimbursable Expenses — The expenses incurred directly by Engineer in connection with the performing or furnishing of Basic and Additional Services for the Project. 24. Resident Project Representative — The authorized representative of Engineer assigned to assist Engineer at the Site during the Construction Phase. As used herein, the term Resident Project Representative or "RPR" includes any assistants or field staff of Resident Project Representative agreed to by Owner. The duties and responsibilities of the Resident Project Representative, if any, are as set forth in Exhibit D. 25. Samples — Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 26. Shop Drawings All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 27, Site — Lands or areas to be indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 28. Specifications — That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 29. Subcontractor — An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 30. Substantial Completion — The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Page 14 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 31. Supplier — A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 32. Total Project Costs — The sum of the Construction Cost, allowances for contingencies, and the total costs of services of Engineer or other design professionals and consultants, together with such other Project -related costs that Owner furnishes for inclusion, including but not limited to cost of land, rights -of -way, compensation for damages to properties, Owner's costs for legal, accounting, insurance counseling and auditing services, interest and financing charges incurred in connection with the Project, and the cost of other services to be provided by others to Owner pursuant to Exhibit B of this Agreement. 33. Work — The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. ARTICLE 8 — EXHIBITS AND SPECIAL PROVISIONS 8.01 Exhibits Included: A. Exhibit A, Engineer's Services. B. Exhibit B, Owner's Responsibilities. C. Exhibit C, Payments to Engineer for Services and Reimbursable Expenses. D. Exhibit D, Duties, Responsibilities and Limitations of Authority of Resident Project Representative. E. Exhibit E, Notice of Acceptability of Work. F. NOT INCLUDED G. Exhibit G, Insurance. +l t 1A lei t+ --1 hAow.. NOT INCLUDED I. Exhibit I, Limitations of Liability. J. Exhibit J, Special Provisions. K Fhh. _` NOT INCLUDED Page 15 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services -______ Copyright (D 2008 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT A, consisting of pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated Dec. 9, 2019. Engineer's Services Article 1 of the Agreement is supplemented to include the following agreement of the parties. Engineer shall provide Basic and Additional Services as set forth below. PART 1— BASIC SERVICES A1.01 Study and Report Phase A. Engineer shall: 1. Consult with Owner to define and clarify Owner's requirements for the Project and available data. 2. Advise Owner of any need for Owner to provide data or services of the types described in Exhibit B which are not part of Engineer's Basic Services. 3. Identify, consult with, and analyze requirements of governmental authorities having jurisdiction to approve the portions of the Project designed or specified by Engineer, including but not limited to mitigating measures identified in the environmental assessment. Identify and evaluate a tnaximitnum o 'tht e} : alternate solutions available to Owner nd, after consultation with Owner, recommend to Owner those solutions which in Engineer's judgment meet Owner's requirements for the Project. Prepare a report (the "Report") which will, as appropriate, contain schematic layouts, sketches, and conceptual design criteria with appropriate exhibits to indicate the agreed -to requirements, considerations involved, and those alternate solutions available to Owner which Engineer recommends. For each recommended solution Engineer will provide the following, which will be separately itemized: opinion of probable Construction Cost; proposed allowances for contingencies; the estimated total costs of design, professional, and related services to be provided by Engineer and its Consultants; and, on the basis of information furnished by Owner, a summary of allowances for other items and services included within the definition of Total Project Costs. 6-. Perform or provide the following additional Study and Report Phase tasks or deliverables: : ounelat• and 'to.art L Uwhic survey. aisles "eew-pi m . lr Alt l�iew- �h ef;--fir'-itli� 1s-" w �lalal WBK will coordinate with the Client to determine the final number of review conies and at y„otherM deliverables. 1,VBK will coordinate with the Client to establish a pro'ect schedule Page 1 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. which provides the material deliverables with su acient time to review and provide comments Wide meelitzg overall deadlines o the 'il . 8 appFepi' . , WBK will coordinate with the Client to determine the Inal number o revised report copies and arry other deliverables to be vrovicled within a reasonable tirnekame based on the overallaro ect schedule to be determined B. Engineer's services under the Study and Report Phase will be considered complete on the date when the revised Report and any other deliverables have been delivered to Owner. A1.02 Preliminary Design Phase A. After acceptance by Owner of the Report and any other deliverables, selection by Owner of a recommended solution and indication of any specific modifications or changes in the scope, extent, character, or design requirements of the Project desired by Owner, and upon written authorization from Owner, Engineer shall: 1. Prepare Preliminary Design Phase documents consisting of final design criteria, preliminary drawings, outline specifications, and written descriptions of the Project. 2. Provide necessary field surveys and topographic and utility mapping for design purposes. Utility mapping will be based upon information obtained from utility owners. Advise Owner if additional reports, data, information, or services of the types described in Exhibit B are necessary and assist Owner in obtaining such reports, data, information, or services. 4. Based on the information contained in the Preliminary Design Phase documents, prepare a revised opinion of probable Construction Cost, and assist Owner in collating the various cost categories which comprise Total Project Costs. 5. Perform or provide the following additional Preliminary Design Phase tasks or deliverables: A ntetvitnum o `three ahernate solutions with conceptual cost estimates a metnorandurn summari in, the conce. tv and attendance at stakeholder meettri :i. 6. lHisv i . r this, th and e r '1�pN®'�" TA uto n rrr"b eF 4.�. , Eilig,meef aiiy a Se ddoeunien's and ahly other WBK will coordinate with the Client to determine the final number o °revigiv copies and any other deliverables. 1,V. K will coordinate ivith the Client to establish a as Wect schedule which provides the material deliverables with sufficient time to review and provide comments ivhile rneetin , overall deadlines o "the Clt Page 2 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 7. IRVYISe tl ria+ary_. s l-ia apt 0wffeF!s--o0FAffieRtS,--ion of pfebable Ge"IstfU01H any 4it=1* rW'1"1i=—'a"z�FdBf�li—Eh art WBK will coordinate with the Client to determine the final nunrlrer o ''r eij.yed y rr"t and an,v other- delirerabkv to be t rovieled ivithin a reavoneible tiinekime based on the overall PmLecischedule, to be delerrnined B. Engineer's services under the Preliminary Design Phase will be considered complete on the date when the revised Preliminary Design Phase documents, revised opinion of probable Construction Cost, and any other deliverables have been delivered to Owner. 1.03 er-t-r&rt�yDes `IrIC� opinion -of " , and any othe y extent, ; itt n-&4 l=i ttion Ar."Nom fiftiiieef. I;kt"�—x�rr-xxrca iat �1�� aSS. 411"" . . Of , t tt 4 I S P rplfa l ry stet ` " 1f rsin kom the G"Ier 11 at�l�l it -�mak , me ealelidur ti+arr IN NMI I.M. 0-115M Page 3 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. eef i,ease in ik #+" A7--After- an + — ' � o �r f f Genstfuetion Lost-4."etemi4ied in the Final Design , , fir and-(-", or prop*"� , ..here ", O . Page 4 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. A14)5--Gom4tw&m42hme. wed: Page 5 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. ttd t l'1 �rr...111, de i ,m IMIW MUMUMM tlll iv^�rwa�Jnrsan�s��ti,�ar.zuyar�,.� Page 6 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. sak"rggyyeatyy r y , ,yy9��y, ! yam. �"11 5 all meet any .M R = ,. q"kfW4_de&fg" suppeffing deeanientafiew l -new! ed" , is*A�eet to an evaluation of of a 'Il c t lWhole p1�()f 40 ()p Upoli rip e_014,-, tilts of any subsequent 4s ealled fef in e. . µ endat' 1 ), an ' e '. being fIel been Fd., e ',; of .. . ,a. ,s�ioii'S Doeume t K By i-e-emmending any be deemed to hmv re re t t e tl�tGontraetor's efli as it is shed have been exhaustive, extended to N mmmPage 7 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. AleH and the Gofitpaet-Doeum pwposes of any pay—e-I s-e, „ ' ", s, tee " " �e�f�� I q . ". . . ow-E*f IF e r l t t# r a� ContraetoOtt t ,�1ta a ., otor-, visit the law Engi GempWafi to Owner- a -A Lim 13. �.., Duf 4 Page 8 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright D 2008 National Society of Professional Engineers for EJCDC. All rights reserved. wig g l , Gent-c�et �rr�. I ..t a G'ontrae— e 'Hv i— af 1Y-- 1 T . the en 0 t �iod--t as�a Wfl -w e t-het rr ` . ilV �; j+ ': wim-mkon Phase .asks of deliyembles,4 B. The Post Conslra^-tion Phase or Al Hi Me, Med in this Ex PART 2 — ADDITIONAL SERVICES A2.01 Additional Services Requiring Owner's Written Authorization A. If authorized in writing by Owner, Engineer shall furnish or obtain from others Additional Services of the types listed below. 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. Page 9 ..� (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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 resulting from Owner's request to evaluate additional Study and Report Phase alternative solutions beyond those identified in Paragraph Al.O1.A.4. 5. Services required as a result of Owner's providing incomplete or incorrect Project information to Engineer. 6. Providing renderings or models for Owner's use. 7. 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. 8. Furnishing services of Consultants for other than Basic Services. 9. Services attributable to more prime construction contracts than specified in Paragraph A 1.03.D. 10. Services during out-of-town travel required of Engineer other than for visits to the Site or Owner's office. 11. 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 constructibility review requested by Owner; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other Bidding Documents as a result of such review processes. 12. Preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by Owner for the Work or a portion thereof. 13. Assistance in connection with Bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services, except when such assistance is required by Exhibit F. 14. Providing construction surveys and staking to enable Contractor to perform its work other than as required under Paragraph A1.05.A.6, 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. Page 10 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 15. Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor. 16. Providing assistance in responding to the presence of any Constituent of Concern at the Site, in compliance with current Laws and Regulations. 17. Preparing Record Drawings showing appropriate record information based on Project annotated record documents received from Contractor, and furnishing such Record Drawings to Owner. 18. Preparation of operation and maintenance manuals. 19. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration, or other dispute resolution process related to the Project. 20. Providing more extensive services required to enable Engineer to issue notices or certifications requested by Owner. 21. Assistance in connection with the adjusting of Project equipment and systems. 22. Assistance to Owner in training Owner's staff to operate and maintain Project equipment and systems. 23. Assistance to Owner in developing procedures for (a) control of the operation and maintenance of Project equipment and systems, and (b) related record -keeping. 24. Overtime work requiring higher than regular rates. 25. Other services performed or furnished by Engineer not otherwise provided for in this Agreement. A2.02 Additional Services Not Requiring Owner's Written Authorization 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 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. mm.mmmmm�.,mmmmm.��� .� Page 11 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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. Services during the Construction Phase rendered after the original date for completion of the Work referred to in A1.05.B. Reviewing a Shop Drawing more than three times, as a result of repeated inadequate submissions by Contractor. 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. Page 12 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright C 2008 National Society of Professional Engineers for EJCDC. All rights reserved. WBK OAN engineering Exhibit A - Proposal for Bowman Creek Concept Engineering City of South Bend Indiana December 9, 2019 Alicia Czarnecki, CDT Project Engineer Department of Public Works (574) 235-5903 City of South Bend 227 W. Jefferson Blvd., Suite 1316 South Bend, IN 46601 Dear Ms. Czarnecki: WBK Engineering, LLC (WBK) is pleased to provide this proposal to the City of South Bend (Client) for professional engineering services for improvements to Bowman Creek. WBK looks forward to the opportunity to assist South Bend on the due diligence and conceptual design of improvements at the mouth of Bowman Creek in South Bend. Included below is our understanding of the assignment, scope of services, project assumptions, and estimate of fee. Understanding of the Assignment WBK understands that the mouth of Bowman Creek between Lincolnway East and the St. Joseph River (approximately 160 feet) has severe erosion along its banks with steep slopes, exposed manholes, debris, and portions of Lincolnway Bridge in the stream. The City would like to provide possible enhancements to the area including sidewalks and pedestrian access to the mouth of the Creek, lighting, landscape, and streambank stabilization. The City's ultimate goal would be to prepare plans, specifications and estimates for the proposed improvements to bid to a contractor. WBK recommends a conceptual design phase to look at different options for enhancement of the area, and prepare conceptual cost estimates and exhibits to allow the City to determine the preferred enhancements and further refine the scope of the project prior to starting final engineering and permitting. This proposal outlines the recommended tasks for the conceptual design phase. Scope of Services Task 11 Topographic Survey We will utilize a one man survey crew with GPS and Robotic survey equipment to collect all physical features including all marked utilities, trees over 6 inches in diameter, structures, pavements, and elevations between Lincolnway and the St. Josephs River necessary for preparation of an existing conditions drawing. All elevations will be on NAVD 88 datum with state planes for the horizontal datum. From the survey data, an existing conditions drawing will be produced with all boundary lines (GIS), one foot contours and spot elevations showing the drainage of the site. WBK's Environmental Resource Specialist will make a visit to the site to determine tree species so this information can be added to the existing conditions base drawing and used in concept design. The existing conditions drawing will be used during the conceptual engineering phase of the project and will also carry over to final engineering. We assume a boundary survey of the site will not be required and that GIS data will be provided by the client. WBK Enghwewrlling, iLC SLChadesOffice Auroira Office @ BOCVp°,u gineering.a;c mw 116 West Main Street, Suite 201 8 East Galena Boulevard, Suite 402 St. Charley, IL 60174 Aurora, IL 60506 0 11" or W ;+lln it Rri.aHs kurllhm 630A43.id5Z'5 630.701.2245 WBK Opportunity No. 2019.0206 Deliverable: Existing conditions drawing with contours, adjacent parking lot, normal water levels, trees, and other physical features to describe the existing conditions. Task 2 1 Concept Engineering & Concept Site Plan Kickoff Meeting: We will meet with the City to discuss objectives, schedule and budgets (engineering and construction). We will also develop a matrix of priorities to determine critical elements of the plan, and those elements on the City's "wish list". This meeting will help us in developing a framework of design elements to include in the conceptual plan. Site Reconnaissance: An investigation of the project site will be made to identify site constraints and opportunities, utility locations, field verify the topographic data by WBK, and evaluate existing drainage conditions and wetland boundaries. This site reconnaissance will be attended by an engineer and biologist. Stakeholder Meeting #1: We will attend one meeting with local property owners to discuss the project and collect feedback prior to beginning concept design. Concept Engineering Plans/renderings: WBK will prepare a maximum of three concept engineering plans for the site. Alternate concept plans will include different items and site layouts for the City's evaluation. These alternatives may have different methods for streambank stabilization, path location, access points, and landscaping. We will work with the City during the developments of these alternatives to best meet the City's needs. These alternatives will also be developed taking into considerations permitting requirements and possible permitting obstacles. We anticipate each plan alternative will consist of one overall sheet with proposed site improvements and possible cross sections of creek at critical locations. Concept cost estimate: WBK will develop estimates of cost for elements of the project for each of the three alternatives. We will use current bid tabulations to develop an accurate estimate of costs. We will include elements of the project that are within the framework of amenities and within the project budget as outlined in the kickoff meeting. Summary Memo: This will include preparation of a memo summarizing the proposed alternatives listing the included improvements, the pros and cons of each alternative, summary of costs, and recommendation for a selected alternative. We anticipate sending a draft of the memo to your office for review prior to finalizing the memo. Deliverable: Up to three concept site engineering plans with associated conceptual cost estimates and memo outlining the three alternatives, pros and cons, and recommendation. Task 3 1 Project Management and Meetings: WBK anticipates additional meetings throughout the project for coordination and consensus on the plans. The anticipated meetings include: Stakeholder Meeting #2: We will attend one (1) meeting with other community stakeholders to be identified and organized by the City. Stakeholder Meeting #3: We will attend one (1) meeting with relevant permitting agency representatives to collect feedback relating to permitting and feasibility of implementing future concept plans. Staff Meetings: We participate in two (2) staff meetings at the City to collect feedback and share progress during the concept design process. Coordination Meetings: We will participate in three (3) phone coordination meetings with staff and relevant parties throughout the concept design process. This task does not include public presentation, which would be charged at an hourly rate as needed. Proposal for Professional Services — Bowman Creek Concept Engineering Page 2 of 4 December 9, 2019 WBK Opportunity No. 2019.0206 This task also includes project management effort including internal staffing, scheduling, coordination and meetings, billing, and Quality Assurance of deliverables. Task 4 1 Plat of Survey (Boundary) WBK will engage with a Professional Land Surveyor via a sub -consultant agreement to complete a boundary survey and investigation of easements as requested. The agreement will be authorized between WBK and the sub -consultant. The scope and budget for the Task 4 1 Plat of Survey (Boundary) is provided as an appendix to this document and the Estimate of Fees table below has been revised to reflect this request. Project Assumptions In preparing this proposal, we have attempted to provide you with a complete package of the engineering services anticipated at this point in time. In doing so, we have made some assumptions which will need to be verified during the engineering process. Any findings which are not consistent with our assumptions may increase the engineering budget for this project. We will thoroughly discuss any such findings with you and negotiate any budget revisions prior to proceeding. Our assumptions are as follows: That the site was never used for storage of hazardous materials, and therefore the cost of an environmental assessment, mitigation, clean-up and permitting services are not included. That there will be no modifications to existing adjacent streets. That the property has been monumented with iron pipes or similar markers that correspond to the Plat of Survey, which will be provided to us by others, and that a reliable vertical benchmark is within 500 feet of the project site. Estimate of Fees Due to the nature of the tasks listed in the above Scope of Basic Services, we have provided time and material budgets. The actual amount invoiced will be based on the level of effort required to accomplish the task, but we will not exceed the budget without your prior approval. Our estimated fees are based on the entire Scope of Basic Services being awarded to us. In general, individual tasks cannot be broken out and awarded separately. Task # Task Name Fee Task 1 Topographic Survey $7,900 ...... .............. . ...„.,„..... .......... ........... ., Task 2 Concept Engineering and Concept Site Plan $16,500 Task 3 Project Management and Meetings $11,000 Task 4 Plat of Survey (Boundary) $4,700 TOTAL $40,100 Reimbursable Costs (Including Printing) Cost + 10% Please note that preparing this proposal requires the exercise of professional knowledge and judgment, and as such, this proposal remains the proprietary instrument of service of the firm WBK Engineering, LLC. No portion of this proposal may be shared with another firm providing similar services without our permission. Proposal for Professional Services — Bowman Creek Concept Engineering Page 3 of 4 December 9, 2019 WBK Opportunity No. 2019.0206 We propose to bill you monthly based on the attached Schedule of Charges. If this proposal is acceptable, please return one (1) signed copy to us for our files to serve as a notice to proceed. Thank you for the opportunity to provide service to the City of South Bend. If you have any questions, please do not hesitate to call. Sincerely, Justian Crane P.E. Michigan Practice Lead Encl: 2019 Schedule of Charges Proposal for Professional Services — Bowman Creek Concept Engineering Page 4 of 4 December 9, 2019 WBK ENGINEERING, LLC 2019 Standard Charges for Professional Services Classification Hourly Rate Principal $ 215 Engineer VI $ 194 Engineer V $ 172 Engineer IV $ 145 Engineer III $ 119 Engineer II $ 100 Engineer 1 $ 88 Engineering Technician IV $ 140 Engineering Technician III $ 117 Engineering Technician 11 $ 93 Engineering Technician 1 $ 78 Senior Scientist $ 183 Environmental Resource Specialist V $ 152 Environmental Resource Specialist IV $ 124 Environmental Resource Specialist III $ 100 Environmental Resource Specialist II $ 88 Environmental Resource Specialist 1 $ 78 Urban Planner VI $ 194 Urban Planner V $ 154 Urban Planner IV $ 130 Urban Planner III $ 102 Urban Planner II $ 86 Intern $ 47 Office Professional $ 64 Direct Costs: Copies & Prints, Messenger & Delivery Services, Mileage, etc. Cost +10% Charges include overhead and profit. WBK Engineering, LLC reserves the right to increase rates and costs by 5% annually. JA Aj� .IT ILI i �f Professional Services Agreement Abonmarche Project Number: 19-1...745 ............................... . AGREEMENT between (Client name), (Date) 12/6/2019 116 West Main Street, St, Chades, IL 60174 630-443-7755 (Client address) (Phone) tOO-76+-22+5- Cilank)n@ (Cell) .... . Ifaxg (Email) =owhowi*2t!jdsna rfO-- hereinafter referred to as the Client, and Abonn)(xcho Consuflanis, Inc., referred to as Abonmarche, of I / NWashingion Street, Valparaiso, IN 46383 The Client contracts with Abonmarche to perform professional services vvith regard to the Client's project generally referred to as: (Project Name) Bowman Cref.K- it!��,�29rch and Property History Summary (Location) South Bend, IN _J1a�Lagary.tE................... ....... The professional services to be provided by Abonmarche, collectively referred to as the Work Plan, are as follows: (Scope of work) Creole a Boundary 5 P tic search and Pro )00 Count I - 01 2J. — .aily —.It Hiskxy Sunirn(vy tg! I he' ror)vriv located (,� I 1potcO p 0 --Y,-L _Q_g (Project schedule) As needed (Special Provisions) Abonmarche's proposal/work plan, dated N/A---- is incorporated into this Agreement by reference, and is limited to the services described therein. The Client agrees to promptly pay for services provided by Abonmarche for the Scope of Work according to the following: (fee $) _4,700.00 .._ - — ---- Prior to commencement of services, the Client will specify any and all documentation that the Client requires for submission with the invoice for services provided by Abonmarche. Absent any special request from the Client, Abonmarche will send its standard form of invoice. If, after receipt of an invoice from Abonmarche, the Client has any questions, or if there are any discrepancies in the invoice, the Client shall identify the issue in writing within ten (10) days of its receipt. If no written objection is made within the ten (10) day period, any such objection shall be deemed waived. Abonmarche invoices are due upon receipt. The parties agree that interest of 1.5% per month will be added to any unpaid balance after 30 days. The Client has designated Charles Hanlon as its Representative. The Representative shall have the authority to execute any documents pertaining to this Agreement or amendments thereto, and for the approval of all change orders, addenda, and additional services to be performed by Abonmarche. The representative shall be the contact person for submission of all documents, invoices or communications. Authorization to Proceed and Guarantee of Payment: By signing this Agreement the Client authorizes Abonmarche to provide services described above, and that the Client is the responsible party for making payment to Abonmarche. 0 1 nt� I 'or 'Y-1g, !Q.f2S!-Q g) agree k) lhe �'O Qn0-(,,-Q kQnLQaQo,1-QLLh-1L"c t r! q These Terms and Conditions can only be amended, supplemented, modified, or canceled by a written instrument signed by both parties. Any notice or other communications shall be in writing and shall be considered to have been duly given when personally delivered or upon the third day after being deposited into first class certified mail, postage prepaid, return receipt requested. ---­,----.....--- . ............... ------------ Authorized Client Reeresentative If In dividual Authodzed Abonmarche Repiresentative Client: WBK E neering, LLC Signature: Signature: ....... . .......... ........... . 'no ...... g-4, Signature: Printed Name: -------- — - ------------------ ---. Printed Name: .,Matt Keiser Printed Name: Charles M. Hanlon Date of Birth: P jq!�tf��a ------- _Daqer . . . . . . ........... . . ...... . 12-09-19 Odginaling Abonmarche Consultants, Inc. Date Signed: . ' Office: 17 N. Washington Street ......... Drivers License #: . . . ........ 36-4251536 Valparaiso, IN 46383 Federal Tax ID :� Employed by: T 219.850.4624 F 219.850.4625 Address: City/State. . ...... . - - - — ------- - - - - - - ---------------- Date SIgned: 12/6/2019. . ............. ... ... ... ..... -Date Signed: ......... . . . . ...... Revised 8-19-2014 Page 1 of 2 TERMS AND CONDITIONS OF PROFESSIONAL SERVICES AGREEMENT I Agreement. These Terms and Condflions shall be incorporated by reference and shall prevail as the basis of the Clieril's Agreement to Abonmarche, Any Client document or communicalion in addition to or in conflict with these Terms and Conditions shall be subordinate and subject to these provisions. 2. Execution. Abonmarche has the option to render this Agreement null and void, if if is not executed within thirty (30) days of delivery. 3, Client Responsibilities. The Client will provide all criteria and information concerning the requirements of the Project. The Client will assume responsibility for interpretation of contract documents and for construction observation and will waive all claims against Abonmarche that may be in any way connected, unless Abonmarche's services Linder this Agreement include full-time construction observation or review of contractor's performance, 4.Performance. The standard of care for services performed by or provided by Abonmarche will be the care and skill ordinarily used by Abonmarche's profession practicing under similar circurnstonces at the some firne and in the same locality. Abonmarche makes no warranty, expressed or implied, with respect to any services provided by Abonmarche, Abonmarche will not be liable for any claim, damages, cost, or expense (including attorney's fees) or other liability or loss not directly and solely caused by the negligent acts, errors, or omissions of Abonmorche, 5. Hourly Billing Rates. If payment is on an hourly rate, Client will pay Abonmarche at the current hourly billing rates. The hourly rates are adjusted annually or as deemed appropriate, 6. Reimbursable Expenses. Reimbursable expenses, the actual costs incurred directly or indirectly for the Client's Project, will be charged at Abonmarche's current rates. Examples of reimbursable expenses include, but are not limited IQ: mileage, tests and analyses, special equipment services, postage and delivery charges, telephone and lelefax charges, copying, printing, and binding charges, commercial transportation, meals, lodging, special fees, licenses, and permits Subconsultani and outside technical or professional services will be charged on the basis of the actual costs times a factor of I J 5. 7, Additional Services. Additional services that may be provided pursuant to the Agreement or any subsequent modification of the Agreement will be authorized, when possible, by written amendment signed on behalf of the Client and Abonmarche. Additional services, performed by Abonmarche are subject to all Terms and Conditions and the Client will be responsible for payment. Should the Client, regulatory agency, or any public body or inspector direct modification or addition to services covered by this Agreement, including costs relating to the relationship between the Client and a third party i.e. punch lists, change orders, and dispules,the cost will be added to the agreed price. Requests for extra services should be made in writing via a change order, but none the less, Abonmarche is entitled to be paid for extra services provided whether or not 11 is in writing, 8. Underground Structures or Burled Utilities. The Client is responsible for identification and location of all public and privole buried structures on the Client's properly and the Project site, such as, but not limited to, storage lanks and lines, or gas, water, sewer, electrical, phone, cable, or any other public or private ulklifies. 11 is agreed that Abonmorche is not responsible for accidental damage to utilities or underground structures, whether known, unknown or improperly located The client shall be responsible for design fees if changes are necessary. Uliflylocaling or marking services provided by Abonmarche are not substitutes for complying with the utility owner notification requirements or the locating services (811 systems) required prior to an excavation. Utilities shown as located by ground penetrating radar are approximale only. No excavation look place to verify the positions shown or to verify the type of utility (except as noted). Careful excavation is required for verification of the buried utility. The owner or customer assumes the risk of error and the actual location of the underground utility. Abonmarche is not providing any codification or guarantee regarding the exact location of any underground Lifilty. 9. Underground Conditions. Abonmarche shall have no responsibility for the identification of existing or unforeseen/differing underground conditions, The Contractor shall have sole responsibility for determining the nature of underground conditions and the means and methods of dealing with [hose conditions, Abonmarche is emitted to rely upon the information provided by geotechnical consultants and shall have no responsibility for the accuracy or correctness of the data contained in the geotechnical reports. tO.Site Access and Security. With the exceplion W access rights that land surveyors are afforded by law, the Clienl, will provide Abonmarche access to the Project site and the Client will be responsible for obtaining any necessary permission from any affected third party property owners for use of their lands. The Client is solely responsible for site secudly. I I.Consultunfa. Abonmarche may engage Consultants at the request of the Client to perform services which are typically the Client's responsibility, such as surveys, geotechnical and environmental assessments, The Client agrees that Abonmorche will not be responsible for, or in any manner guarantee, the performance of services by the Consultants. The Client agrees that Abonmarche will not be liable tor any claim, liability, or defense cost for injury or loss sustained by any party allegedly caused by the Consultants' negligence or willful misconduct. 12.0pinions of Cost. Any opinions of probable construction cost and/or total project cost provided by Abonmarche will be an the basis of experience and judgment, but these are only estimates. Abonmarche does not warrant that bids or ultimate construction or total project costs will not vary from such estimates. 13rOwnership of Work Product. Abonmarche will remain the owner of all original drawings, reports, and other materials provided to the Client, whether in hard copy or magnetic media form. The Client is authorized to use Ihe copies provided by Abonmarche only in connection with the Project. Any other use or reuse by the Client for any purposes whatever will be at the Client's risk and full legal responsibility, without liability to Abonmarche and the Client will defend, indemnify, and hold Abonmorche harmless from all claims, damages, losses, and expenses, including attorney tees arising out of or resulting Ihere from. 14.Electronic Media. Copies of data, reports, drawings, specifications, and other materials furnished by Abonmarche that may be relied upon by the Client are limited to the printed copies (also known as hard copies) that are delivered to the Client pursuant to the services under this Agreement. Computer files of texL, data, graphics, or of other types of electronic media are the sole possession of Abonmarche, unless specifically stated otherwise in an amendment to this Agreement. Any electronic media provided under this Agreement to the Client are only for the convenience of the Client. Any conclusions or information obtained or derived frorn such electronic files will be at the user's sole risk- 15, Bonds and Permits. The Client will be responsible for the adoption of any site access or right of way bonds that may be initiated on their behalf. At completion of Abonmorche's services, the Client will take responsibility and pay any ongoing bond or permit costs for any bonded or permitted services 16.1risurance. The Client will cause Abonmarche and Abonmarche's employees to be listed as additional insured on all general liability and property insurance policies carried by the Client that are applicable to the Project. Upon request, the Client and Abonmarche will each deliverio the olher certificates of insurance evidencing their coverage. The Client will require the Contractor to purchase and mainlain general liability and other insurance as specified in the Contract Documents and to cause Abonmarche and Abonmorche's employees to be listed as additional insured with respect to such liability and other insurance purchased and maintained by the Contractor for the Project. 17,ThIrd party Invoicing. If the Client directs Abonmorche to invoice third party payers, Abonmarche will do so, but the Client agrees to be ultimately responsible for Abonmorche's compensation until the Client provides Abonmorche with the third party's written acceptance of all terms of this Agreement and until Abonmorche agrees to the substitution. 18.1hird Party Beneficiaries. Nothing contained in this Agreement shall creole a contractual relationship with or a cause of action in favor of a third party against either the Client or Abonrnorche. Abonmarche's services under this Agreement are being performed solely for the Client's benefit, and no other party or entity shall have any claim against Abonmarche because of this Agreement or performance or nonperformance of services hereunder. The Client and Abonmarche agree to require a similar provision in all contracts with contractors, subcontractors, subconsultanis, vendors and other entities involved in this Project to carry out the intent of this provision, 19.Susponsion of Services. In the event of non-payment by Client, Abonmarche will have the absolute right to cease performance of any services. 20.Contractor's Work: Abonmarche shall have no authority to direct or control the Work of the Contractor or to stop the Work of the Contractor. Abonmarche shall not be liable to any party for the failure of lhe Contractor to perform the Work consistent with the Plans and Specifications and applicable Codes and Regulations. Abonmarche shall have no responsibility or be liable for safely procedures of the Contractor or its subcontractors. 21, Notice of Lien Rights. Abonmarche hereby notifies, and the Client acknowledges that Abonmarche has lien rights on the Client's land and property when Abonmorche provides labor and malenals, for Projects on the Client's land and the Client does not pay for those services. 22.Legal Expenses. If Abonmarche brings a lawsuit against the Client to collecl invoiced fees and expenses, the Client shall be legally liable to pay Abonmarche's expenses, including its actual attorney fees and costs, 23.Liablilty Limitation. Client and persons claiming through Client agree to limit the liability of Abonmarche, its agents and employees, for all claims arising our of, in connection with, or reselling from, the performance of the services under this agreement to an amount of $25,000 or the fee paid to us for professional services on Ithis project, whichever is greater- Client acknowledges that Abonmarche is a corporation and agrees that any claim made by Client arising out of any act or mission of any direclor, officer, or employee of Abonmarche, in execution or performance of this Agreement, shall be made against Abonmorche and not against such director, officer, or employee. 24.Consequential Damages. the Client and Abonmarche waive consequential damages for claims, disputes, or other matters in question relating to services provided as a pan of this Agreement, including for example, but not limited lo, loss of business. 25.Governing Law. this Agreement will be deemed to have been made in Berrien County, Michigan and shall be governed by and construed in accordance with the laws of the State of Michigan. 26,Exclusive choice of forum. Each party irrevocably and unconditionally agrees that it will not bring any action, litigation, or proceeding against any other party in any way arising from or relating to this Agreement in any forum other than the courts of the slate of Michigan sitting in Berrien and any applicable Michigan appellate court. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of those courts and agrees to bring any such action, litigation, or proceeding only in [hose courts. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by low. 27,Consideraflons. The successors, executors, administrators, and legal representatives of the Client and Abonmarche are hereby bound onto the other with respect to the covenants, Agreements, and obligations of this Agreement. 2B.Acts of God. Neither the Client nor Abonmarche will have any liability for nonperformance caused in whole or in part by causes beyond Abonmarche's reasonable control- Such causes include, but ore not limited to, Acts of God, civil unrest and war, labor unrest and strikes, acts of authorities, and events that could not be reasonably anticipated, 29,Terminaflon. Either the Client or Abonmarche may terminate this Agreement by giving Ion (10) days written notice to the other party. In such an event, the Client will pay Abonmarche in full for all services previously authorized and performed prior to the effective date of the termination, plus (of the discretion of Abonmarche) a lermination charge to cover finalization of services necessary to bring ongoing services to a logical conclusion, Such charge will not exceed thirty (30) percent of all charges previously incurred. Upon receipt of such payment, Abonmarche will return to the Client all documents and information that are the property of the Client. 30,Entire Agreement. This Agreement contains the entire agreement between the parties and there are no agreements, representations, statements, or understandings which have been relied on by the parties which are not stated in this Agreement, End of Agreement. Revised 8-19-2014 Page 2 of 2 This is EXHIBIT B, consisting of pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , Owner's Responsibilities Article 2 of the Agreement is supplemented to include the following agreement of the parties. B2.01 In addition to other responsibilities of Owner as set forth in this Agreement, Owner shall at its expense: 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. 2. 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. 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. 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. Page 1 (Exhibit B — Owner's Responsibilities) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright C 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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 with regard to 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 constructibility 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, 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, Page 2 (Exhibit B — Owner's Responsibilities) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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: [Here list any such additional services]. Page 3 (Exhibit B — owner's Responsibilities) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright, C 2008 National Society of Professional Engineers for EJCDC. All rights reserved. t COMPENSATION DECISION GUIDE FOR USE WITH EXHIBIT C TO EJCDC E-500, 2008 EDITION 6 rA 0 o U rA M W �. Gn o Q ,0 w a A 0 U k y N a � u � ,q C� A U a d O � u U 0 w •� � •� U o � d � 0 m O a zLn (V Y U U h U x a d a a E � � am zrA a w o u p V O y �, Ell) .. o, :~ 0 o _o IM �DUa�d U Q 0 a W) O k w rA s, O O U +� A � d w~ 0 � � u M M C � O urA U a a z s. 0 N 0-0 � G4 O. Qj � a a a z x� U � Up; �d Compensation Decision Guide for Use with Exhibit C to EJCDC E-500, 2008 Edition Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. P Zr ..Fi rA O V O � � d U Q" �1. a I d o O U � � >C A a d 21 s. O N O x p V) rA N U d � N � o U U � Gr d O � O d CA Ln En i �• Ln �Dri�Ua.�d U ri This is EXHIBIT C, consisting of pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , Payments to Engineer for Services and Reimbursable Expenses COMPENSATION PACKET BC-2: Basic Services — 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) —Standard Hourly Rates Method of Payment A. Owner shall pay Engineer for Basic Services set forth in Exhibit A, except for services of Engineer's Resident Project Representative, if any, as follows: 1. 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. 2. Engineer's Reimbursable Expenses Schedule and Standard Hourly Rates are attached to this Exhibit C as Appendices 1 and 2. 3. The total compensation for services under Paragraph C2.01 is estimated to be $ 40,700 based on the following estimated distribution of compensation: a. Study and Report Phase b. Preliminary Design Phase c. Final Design Phase d. Bidding or Negotiating Phase e. Construction Phase f. Post -Construction Phase $ 12,600 $ 27,500 R 4. 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. See also C2.03.C.2 below. Page 1 Exhibit C —Compensation Packet BC-2: Basic Services (other than RPR) — Standard Hourly Rates Method of Payment EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. The total estimated compensation for Engineer's services included in the breakdown by phases as noted in Paragraph C2.01.A.3 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 _) to reflect equitable changes in the compensation payable to Engineer. 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 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 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. Page 2 Exhibit C —Compensation Packet BC-2: Basic Services (other than RPR) — Standard Hourly Rates Method of Payment EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. C. Estimated Compensation Amounts: 1. 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. D. 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. Page 3 a.aaa..aaa.. Exhibit C —Compensation Packet BC-2: Basic Services (other than RPR) — Standard Hourly Rates Method of Payment EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright C 2008 National Society of Professional Engineers for EJCDC. All rights reserved. This is Appendix 1 to EXHIBIT C, consisting of pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated Reimbursable Expenses Schedule Current agreements for engineering services stipulate that the Reimbursable Expenses are subject to review and adjustment per Exhibit C. Reimbursable expenses for services performed on the date of the Agreement are: Fax $ /page 8"xl1" Copies/Impressions 1.00/page Blue Print Copies /sq. ft. Reproducible Copies (Mylar) /sq. ft. Reproducible Copies (Paper) 0.70/sq. ft. Mileage (auto) 0.535/mile Field Truck Daily Charge 45.00/day Mileage (Field Truck) 0.535/mile Field Survey Equipment 140/day Confined Space Equipment /day plus expenses Resident Project Representative Equipment /month Specialized Software /hour CAD Charge /hour CAE Terminal Charge /hour Video Equipment Charge /day, $ /week, or $ /month Electrical Meters Charge /week, or $ /month Flow Meter Charge /week, or $ /month Rain Gauge /week, or $ /month Sampler Charge /week, or $ /month Dissolved Oxygen Tester Charge /week Fluorometer /week Laboratory Pilot Testing Charge /week, or $ /month Soil Gas Kit /day Submersible Pump /day Water Level Meter /day, or $ /month Soil Sampling /sample Groundwater Sampling /sample Health and Safety Level D /day Health and Safety Level C /day Electronic Media Charge /hour Long Distance Phone Calls at cost Mobile Phone /day Meals and Lodging at cost [Note to User: Customize this Schedule to reflect anticipated reimbursable expenses on this specific .l Pored[ Page 1 Exhibit C — Appendix 1: Reimbursable Expenses Schedule EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright C 2008 National Society of Professional Engineers for EJCDC. All rights reserved. This is Appendix 2 to EXHIBIT C, consisting of pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated Standard Hourly Rates Schedule A. Stand rrd Hourly Rates., 1. Standard Hourly Rates are set forth in this Appendix 2 to this Exhibit C 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 Article C2. B. Schedule. - Hourly rates for services performed on or after the date of the Agreement are: Billing Class VIII $ /hour Billing Class VII /hour Billing Class VI /hour Billing Class V /hour Billing Class IV /hour Billing Class III /hour Billing Class II /hour Billing Class I /hour Support Staff /hour Page 1 Exhibit C —Appendix 2: Standard Hourly Rates Schedule EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. WBK ENGINEERING, LLC 2019 Standard Charges for Professional Services Classification Ho�rl Rapt Principal $ 215 Engineer VI $ 194 Engineer V $ 172 Engineer IV $ 145 Engineer III $ 119 Engineer II $ 100 Engineer 1 $ 88 Engineering Technician IV $ 140 Engineering Technician III $ 117 Engineering Technician II $ 93 Engineering Technician 1 $ 78 Senior Scientist $ 183 Environmental Resource Specialist V $ 152 Environmental Resource Specialist IV $ 124 Environmental Resource Specialist III $ 100 Environmental Resource Specialist II $ 88 Environmental Resource Specialist 1 $ 78 Urban Planner VI $ 194 Urban Planner V $ 154 Urban Planner IV $ 130 Urban Planner III $ 102 Urban Planner II $ 86 Intern $ 47 Office Professional $ 64 Direct Costs: Copies & Prints, Messenger & Delivery Services, Mileage, etc. Cost +10% Charges include overhead and profit. WBK Engineering, LLC reserves the right to increase rates and costs by 5% annually. This is EXHIBIT D, consisting of pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , [Note to User. Delete this Exhibit D if Engineer will not be providing Resident Project Representative Services under Paragraph A].05.A.2J Duties, Responsibilities, and Limitations of Authority of Resident Project Representative Article 1 of the Agreement is supplemented to include the following agreement of the parties: D 1.01 Resident Project Representative C. Engineer shall furnish a Resident Project Representative ("RPR") to assist Engineer in observing progress and quality of the Work. The RPR may provide full time representation or may provide representation to a lesser degree. D. Through RPR's observations of Contractor's work in progress and field checks of materials and equipment, Engineer shall endeavor to provide further protection for Owner against defects and deficiencies in the Work. However, Engineer shall not, during such RPR field checks or as a result of such RPR observations of Contractor's work in progress, supervise, direct, or have control over Contractor's Work, nor shall Engineer (including the RPR) have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor's work in progress, or for any failure of a contractor to comply with Laws and Regulations applicable to such contractor's performing and furnishing of its work. The Engineer (including RPR) neither guarantee the performances of any contractor nor assumes responsibility for Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. In addition, the specific terms set forth in Paragraph A1.05 of Exhibit A of the Agreement are applicable. E. The duties and responsibilities of the RPR are as follows: 1. General: RPR is Engineer's representative at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Engineer and Contractor. RPR's dealings with Subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner only with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. Page 1 (Exhibit D - Resident Project Representative) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 4. Liaison: a. Serve as Engineer's liaison with Contractor. Working principally through Contractor's authorized representative or designee, assist in providing information regarding the intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on -Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR's recommendations, to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 8. Review of Work and Rejection of Defective Work: a. Conduct on -Site observations of Contractor's work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection, or approval. 9. Inspections, Tests, and System Start-ups: Page 2 (Exhibit D - Resident Project Representative) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. a. Consult with Engineer in advance of scheduled inspections, tests, and systems start-ups. b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. c. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Engineer. 10. Records: a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all change orders, field orders, work change directives, addenda, additional Drawings issued subsequent to the execution of the Construction Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project -related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of change orders, field orders, work change directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. c. Record names, addresses, fax numbers, e-mail addresses, web site locations, and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment. d. Maintain records for use in preparing Project documentation. e. Upon completion of the Work, furnish original set of all RPR Project documentation to Engineer. 11. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b. Draft and recommend to Engineer proposed change orders, work change directives, and field orders. Obtain backup material from Contractor. c. Furnish to Engineer and Owner copies of all inspection, test, and system start-up reports. Page 3 (Exhibit D - Resident Project Representative) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. d. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, damage to property by fire or other causes, or the discovery of any Constituent of Concern. 12. Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Contract Documents to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion: a. Participate in visits to the Project to determine Substantial Completion, assist in the determination of Substantial Completion and the preparation of lists of items to be completed or corrected. b. Participate in a final visit to the Project in the company of Engineer, Owner, and Contractor, and prepare a final list of items to be completed and deficiencies to be remedied. c. Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work (Exhibit E). F. Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items). 2. Exceed limitations of Engineer's authority as set forth in this Agreement. 3. Undertake any of the responsibilities of Contractor, Subcontractors or Suppliers. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work. 5. Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. Page 4 (Exhibit D - Resident Project Representative) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6. Participate in specialized field or laboratory tests or inspections conducted off -site by others except as specifically authorized by Engineer. 7. Accept shop drawing or sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Project in whole or in part. Page 5 (Exhibit D - Resident Project Representative) 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 E, consisting of pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , NOTICE OF ACCEPTABILITY OF WORK PROJECT: OWNER: CONTRACTOR: OWNER'S CONSTRUCTION CONTRACT IDENTIFICATION: EFFECTIVE DATE OF THE CONSTRUCTION CONTRACT: ENGINEER: NOTICE DATE: To: Owner And To: Contractor From: Engineer The Engineer hereby gives notice to the above Owner and Contractor that the completed Work furnished and performed by Contractor under the above Contract is acceptable, expressly subject to the provisions of the related Contract Documents, the Agreement between Owner and Engineer for Professional Services dated 5 , and the terms and conditions set forth in this Notice. Title: Dated: Page 1 (Exhibit E — Notice of Acceptability of Work) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright C 2008 National Society of Professional Engineers for EJCDC. All rights reserved. CONDITIONS OF NOTICE OF ACCEPTABILITY OF WORK The Notice of Acceptability of Work ("Notice") is expressly made subject to the following terms and conditions to which all those who receive said Notice and rely thereon agree: 1. This Notice is given with the skill and care ordinarily used by members of the engineering profession practicing under similar conditions at the same time and in the same locality. 2. This Notice reflects and is an expression of the professional judgment of Engineer. 3. This Notice is given as to the best of Engineer's knowledge, information, and belief as of the Notice Date. 4. This Notice is based entirely on and expressly limited by the scope of services Engineer has been employed by Owner to perform or furnish during construction of the Project (including observation of the Contractor's work) under Engineer's Agreement with Owner and under the Construction Contract referred to in this Notice, and applies only to facts that are within Engineer's knowledge or could reasonably have been ascertained by Engineer as a result of carrying out the responsibilities specifically assigned to Engineer under such Agreement and Construction Contract. This Notice is not a guarantee or warranty of Contractor's performance under the Construction Contract referred to in this Notice, nor an assumption of responsibility for any failure of Contractor to furnish and perform the Work thereunder in accordance with the Contract Documents. Page 2 (Exhibit E — Notice of Acceptability of Work) 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 F, consisting of pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , Construction Cost Limit Paragraph 5.02 of the Agreement is supplemented to include the following agreement of the parties: F5.02 Designing to Construction Cost Limit A. Owner and Engineer hereby agree to a Construction Cost limit in the amount of $ B. A bidding or negotiating contingency of percent will be added to any Construction Cost limit established. C. The acceptance by Owner at any time during Basic Services of a revised opinion of probable Construction Cost in excess of the then established Construction Cost limit will constitute a corresponding increase in the Construction Cost limit. D. Engineer will be permitted to determine what types and quality of materials, equipment and component systems are to be included in the Drawings and Specifications. Engineer may make reasonable adjustments in the scope, extent, and character of the Project to the extent consistent with the Project requirements and sound engineering practices, to bring the Project within the Construction Cost limit. E. If the Bidding or Negotiating Phase has not commenced within three months after completion of the Final Design Phase, or if industry -wide prices are changed because of unusual or unanticipated events affecting the general level of prices or times of delivery in the construction industry, the established Construction Cost limit will not be binding on Engineer. In such cases, Owner shall consent to an adjustment in the Construction Cost limit commensurate with any applicable change in the general level of prices in the construction industry between the date of completion of the Final Design Phase and the date on which proposals or Bids are sought. F. If the lowest bona fide proposal or Bid exceeds the established Construction Cost limit, Owner shall (1) give written approval to increase such Construction Cost limit, or (2) authorize negotiating or rebidding the Project within a reasonable time, or (3) cooperate in revising the Project's scope, extent, or character to the extent consistent with the Project's requirements and with sound engineering practices. In the case of (3), Engineer shall modify the Contract Documents as necessary to bring the Construction Cost within the Construction Cost Limit. Owner shall pay Engineer's cost to provide such modification services, including the costs of the services of its Consultants, all overhead expenses reasonably related thereto, and Reimbursable Expenses, but without profit to Engineer on account of such services. The providing of such services will be the limit of Engineer's responsibility in this regard and, having done so, Engineer shall be entitled to payment for services and expenses in accordance with this Agreement and will not otherwise be liable for damages attributable to the lowest bona fide proposal or bid exceeding the established Construction Cost limit. Page 1 (Exhibit F — Construction Cost Limit) 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 G, consisting of pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , Insurance Paragraph 6.04 of the Agreement is supplemented to include the following agreement of the parties. G6.04 Insurance A. The limits of liability for the insurance required by Paragraph 6.04.A and 6.04.13 of the Agreement are as follows: 1. By Engineer: a. Workers' Compensation: b. Employer's Liability -- 1) Each Accident: 2) Disease, Policy Limit: 3) Disease, Each Employee: c. General Liability -- Statutory 1) Each Occurrence (Bodily Injury and Property Damage): $ 2) General Aggregate: $ d. Excess or Umbrella Liability -- 1) Each Occurrence: $ 2) General Aggregate: $ e. Automobile Liability --Combined Single Limit (Bodily Injury and Property Damage): Each Accident $ f. Professional Liability — 1) Each Claim Made $ 2) Annual Aggregate $ g. Other (specify): $ 2. By Owner: Page 1 (Exhibit G - Insurance) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. W BKE NG I-02 iM@)iL DATE(MM/ DNYYY) ID E (MMD/YY CERTIFICATE OF LIABILITY INSURANCE 1019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERSmmmmmmmmmmmmmmmmmmmIT NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. .. ............................ .......... _......_...... IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer ri0hts to the certificate holder in lieu of such endorsement(s). ....... ......... ._ PRODUCER CONTACT NAME"L•_ Insurance A enC ,Inc. Northwest 625 NA 47-1200CorkIIl AIC,NoEatI, (847 758 000 p).(8 kgntd.,Ste Ela60t certs corkill)nsurance.com �20508c _ — � _ INxURER�A Valley Forge Insurance Company INSURED INsuRER B eThe Contmen,tal lnsu,rance Company 35289 WBK Engineering LLC INSURER C ; Continental Casualty. Company 20443 , 116 Main Street Suite 201 INSURER .0 : Trumbull Insurance Company 27120 St. Charles, IL 60174 INSURER E ­111111INSURER F : COVERAGE wwCERTIFICATE NUMBER: ...... REVISION NUMPE, .:_ . ....,....... ........ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. BR[ INSR ADDL�S N TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP LIMITS A 1,000,000, X COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE $ CLAIMS -MADE J X eI OCCUR 6024988798 ..._. ,......... 10/15/2019 10/15/2020 DAMAGE TO RENTED 300,000 FIhSi.(FrJGl��ren.) $ 10,000 MED EXP (Any, one person) $ PERSONAt. & ADV INJURY S 1,000,000 MITAPPLIES PER: ,,.. LIMIT GE,NERAI. ,GEN POLICY EOAT X T LOC 2,OUU,000 PRGDUCTS,e,COMP/OPAGG $ B _J­�Iqa .. . .......... AUTOMOBILE LIABILITY ........ COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO 6075560886 Eue dr �11. 10/15/2019 10/15/2020 BODILY INJURY (Per person), OWNED SCHEDULED TOS AUTOS ONLY....a... OILY INJURY (Peraccident), ryryT� vryr X NRV- X... AUTOS � 'CY c t�AMAGE $ ONLY �3N(. e „ . ................................................... ....,.,,,..... ., UMBRELLA LIA X +OCCUR., ,...... 10,000,000 $ EXCESS LAB CLAIMS -MADE 6074584137 7 .�.. GRO�RENCE 10/1512019 10/15/2020 AG�10 000 000 DEIX RETENTION$ 70�000 ,,..,.,-,.-.......,. ___ . .......... ..._........ D WORKERS COMPENSATION ....... ................ .._. ..........PER OTH X STATUTE ER .AND EMPLOYERS' LIABILITY 83WECIC2654 ............ ....... a ,,...... m® 10/15/2019 1011512020 1,000,000 !ANY EXCLUDE/EXECUTIVE ( R EXCLUDED NIA /MEMry ;L EACH,ACCIDENT 8 �. ,-- eardat in��R 11000,000 L DISEASE_ - EA EMPLOYEE $ If yes, describe under DESCRIPTION OFOPERATIONSbelow _ __....._____... 1,000,000 E.I. DISEASE -POLICY LIMIT $m....................... C,,, AIEW Professnl E&O AEH591914061 10/15/2019 10115/2020 Per claim 2,000,000 C AEH591914061 10/15/2019 10115/2020 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Proofof Insurance, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE For Informational Purposes Only THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P y ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD a. The City of South Bend is a municipal corporation organized under the laws of the State of Indiana, and is self -insured under provisions of Indiana statutes and local ordinance. Specifically, the City of South Bend maintains blanket insurance coverage over real and personal property, and is covered by a non -reverting insurance premium and liability reserve fund created by the City of South Bend, Ordinance 46657-79, pursuant to Indiana Code 34-13-3-4, as amended from time to time. Under said statute, the City's liability is limited to: 1) Seven hundred thousand dollars ($700,000) for a cause of action that accrues on or after January 1, 2008; and 2) Five million dollars ($5,000,000) for injury to or death of all persons in that occurrence,; and 3) A governmental entity or an employee of a governmental entity acting within the scope of employment is not liable for punitive damages. B. Additional Insureds: 6 () . fq 3. The Owner shall be listed on Engineer's general liability policy as provided in Paragraph 6.04.A. Page 2 (Exhibit G - insurance) 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 I, consisting of pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , Limitations of Liability Paragraph 6.10 of the Agreement is supplemented to include the following agreement of the parties: A. Limitation of Engineer's Liability 1. Engineer's Liability Limited to Amount of Insurance Proceeds: Engineer shall procure and maintain insurance as required by and set forth in Exhibit G to this Agreement. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, the total liability, in the aggregate, of Engineer and Engineer's officers, directors, members, partners, agents, employees, and Consultants to Owner and anyone claiming by, through, or under Owner for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from, or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, breach of contract, indemnity obligations, or warranty express or implied, of Engineer or Engineer's officers, directors, members, partners, agents, employees, or Consultantss (hereafter "Owner's Claims"), shall not exceed the total insurance proceeds paid on behalf of or to Engineer by Engineer's insurers in settlement or satisfaction of Owner's Claims under the terms and conditions of Engineer's insurance policies applicable thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense, and appeal). if no IdO eavefage `; ".,�. MIS �h t w prtfi� w, « ,�'" mri c��t �t: . aw F' t er,-ii o: ., to Owner and anyone elaiming by, thmegh, or- ander- B. Indemnification by Owner: To the fullest extent permitted by law, Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Owner or Owner's officers, directors, members, partners, agents, employees, consultants, or others retained by or under contract to the Owner with respect to this Agreement or to the Project. Page 1 (Exhibit 1- Limitations on Liability) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright D 2008 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT J, consisting of pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , Provisions Paragraph(s) _ of the Agreement is/are amended to include the following agreement(s) of the parties: Page 1 (Exhibit J - Special Provisions) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright D 2008 National Society of Professional Engineers for EJCDC. All rights reserved. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 12/10/19 Name Alicia Czarnecki Department Engineering BPW Date 12/19/19 Phone Extension 5903 Required Prior to Submittal to Board BPW Attorney Attorney Name Dept. Attorney ❑ Attorney Name Purchasing 1:1 Check the Anprooriate Item T JL<J Professional Services Agreement "� Contract E] Open Market Contract ❑ Amendment/Addendum r-] Bid Opening ❑ Bid Award ❑ Quote Opening] Quote Award ❑ Proposal Opening C/O & PCA No. Chg. Order, No. ❑ Traffic Control n Other: Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Information LLC All Submissions LJ Proposal �] Special Purchase, QPA [� Req. to Advertise ❑ Reject Bids/Quotes ❑ PCA Resolution Ease./Encroach If Yes, Approved by Purchasing ❑ Title Sheet WBECompleted E-Verify Form Attached ❑❑ Nos Bowman Creek Improvements at Lincoln Way East __M ...... . .......... 119-085 .......... , ineerin Professional Services .____ 101-0602-431-31-06 $40,700.00 .......................... NTE Preliminary engineering for improvements to Bowman Creek near Lincoln Way East. For Chan e Orders Only Amount of Increase $ �] Decrease ($ ) Previous Amount $ ... .__.......... .............................................._ Increase ..- .............. ..... ............ % Current Percent of Change: Decrease ( %) New Amount $ Increase % Total Percent of Change: Decrease ( % o) Time Extension Amount: New COInDletion Date: