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Home My WebLink AboutAmendment No 1 to PSA - Adding Full CSO Storage Tank Proj No. 121-071 – American Structurepoint, Inc. - TABLED ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS May 24, 2022 Mr. Steven J. Davidson American Structurepoint, Inc. 9025 River Road, Suite 200 Indianapolis, IN 46240 sdavidson@structurepoint.com RE: Amendment No. 1 to Professional Services Agreement Dear Mr. Davidson: At its May 24, 2022 meeting, the Board of Public Works approved the above referenced amendment for adding full CSO storage tank design services to the Wastewater Treatment Plant, Project No. 121-071 in the amount of $1,917,975. Enclosed please find a copy of the amendment for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh 3DJHRI $0(1'0(1712722:1(5(1*,1((5$*5((0(17 %DFNJURXQG'DWD D (IIHFWLYH'DWHRI2ZQHU(QJLQHHU$JUHHPHQW 2FWREHU E 2ZQHU %RDUGRI3XEOLF:RUNV&LW\RI6RXWK%HQG,QGLDQD F (QJLQHHU $PHULFDQ6WUXFWXUHSRLQW,QF G 3URMHFW ::73&62(TXDOL]DWLRQ%DVLQ 1DWXUHRI$PHQGPHQW ; 0RGLILFDWLRQVWR3D\PHQWWR(QJLQHHU 'HVFULSWLRQRI0RGLILFDWLRQV $WWDFKPHQW³0RGLILFDWLRQV´ 2ZQHUDQG(QJLQHHUKHUHE\DJUHHWRPRGLI\WKHDERYHUHIHUHQFHG$JUHHPHQWDVVHWIRUWKLQWKLV $PHQGPHQW$OOSURYLVLRQVRIWKH$JUHHPHQWQRWPRGLILHGE\WKLVRUSUHYLRXV$PHQGPHQWVUHPDLQLQ HIIHFW7KH(IIHFWLYH'DWHRIWKLV$PHQGPHQWLVGDWHRIODWHVWUHTXLUHGVLJQDWXUH 2:1(5 (1*,1((5 %\ %\ 7LWOH 7LWOH 'DWH6LJQHG 'DWH6LJQHG 3DJHRI 7KLVLV$WWDFKPHQWFRQVLVWLQJRISDJHWR$PHQGPHQW 1R 0RGLILFDWLRQV 3DUW&$RI&RPSHQVDWLRQ3DFNHW%&%DVLF6HUYLFHV±/XPS6XPLVPRGLILHGDVIROORZV $2ZQHUVKDOOSD\IRU%DVLF6HUYLFHVVHWIRUWKLQ([KLELW$H[FHSWIRUVHUYLFHVRI(QJLQHHU¶V 5HVLGHQW3URMHFW5HSUHVHQWDWLYHLIDQ\DVIROORZV $/XPS6XPDPRXQWRIEDVHGRQWKHIROORZLQJHVWLPDWHG GLVWULEXWLRQRIFRPSHQVDWLRQ D6WXG\DQG5HSRUW3KDVH E3UHOLPLQDU\'HVLJQ3KDVH 7%' F)LQDO'HVLJQ3KDVH 7%' G%LGGLQJDQG1HJRWLDWLQJ3KDVH 7%' H&RQVWUXFWLRQ3KDVHDGPLQ 7%6 I3RVW&RQVWUXFWLRQ3KDVH 7%' 7RWDOFRPSHQVDWLRQGXHWR(QJLQHHUXQGHUWKH$JUHHPHQWDQG$PHQGPHQW1RLV DQLQFUHDVHRI ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR MURRAY L. MILLER 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS October 26, 2021 Mr. Willis R. Conner American Structurepoint, Inc. 9025 River Road, Suite 200 Indianapolis, IN 46240 rconner@structurepoint.com RE: Professional Services Agreement Dear Mr. Conner: At its October 26, 2021 meeting, the Board of Public Works approved the above referenced agreement for the study phase to design the Wastewater Treatment Plant CSO storage tank in the amount of $203,735. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235-9251. Sincerely, /s/ Anne Fuchs Anne Fuchs, Clerk Enclosures AF/lh EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by AMERICAN COUNCIL OF ENGINEERING COMPA NIES ______________________ 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 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. DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. Copyright © 2008 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. 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. DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 TABLE OF CONTENTS Page ARTICLE 1 – SERVICES OF ENGINEER ..................................................................................................... 1 1.01 Scope ............................................................................................................................................. 1 ARTICLE 2 – OWNER’S RESPONSIBILITIES ............................................................................................ 1 2.01 General .......................................................................................................................................... 1 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 ............................................................................................ 4 6.01 Standards of Performance ............................................................................................................. 4 6.02 Design Without Construction Phase Services .............................................................................. 5 6.03 Use of Documents ......................................................................................................................... 5 6.04 Insurance ....................................................................................................................................... 7 6.05 Suspension and Termination ........................................................................................................ 8 6.06 Controlling Law ............................................................................................................................ 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 .......................................................................................... 11 6.11 Miscellaneous Provisions ........................................................................................................... 11 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 DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 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. AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES 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. THIS IS AN AGREEMENT effective as of , (“Effective Date”) between Board of Public Works, City of South Bend, Indiana (“Owner”) and American Structurepoint, Inc. (“Engineer”). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: WWTP CSO 045 Equalization Basin ("Project"). Engineer's services under this Agreement are generally identified as follows: Engineering Design, Bidding, Construction Administration, Resident Project Representative, and Close-out services for construction of the WWTP EQ Basin for the Combined Sewer Overflow Long Term Control Plan. DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 26th. October, 2021 Page 2 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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, 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: DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 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. 1.amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day; and 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. DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 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. 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 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 6.01.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: 1.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 6.01.A, and to the extent compliance is not inconsistent with professional practice requirements. 3.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. F.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 DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 Page 5 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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 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 DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 Page 6 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. the prior written authorization of the Engineer. All Documents are instruments of service in respect to this Project, and Engineer shall retain an ownership and property interest therein (including the copyright and the right of reuse at the discretion of the Engineer) whether or not the Project is completed. 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 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. DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 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. 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. 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 cause Engineer and its Consultants to be listed as additional insureds on any general liability policies and as loss payees on any property insurance policies carried by Owner which are applicable to the Project. 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 and Engineer's interests in the Project. Owner shall require Contractor to cause Engineer and its Consultants to be listed as additional insureds with respect to such liability and other insurance purchased and maintained by Contractor for the Project. D.Owner and Engineer shall each deliver to the Owner other 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.All policies of property insurance relating to the Project shall contain provisions to the effect that Engineer’s and its Consultants’ interests are covered and that in the event of payment of any loss or damage the insurers will have no rights of recovery against Engineer or its Consultants, or any insureds, additional insureds, or loss payees thereunder. 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 Engineer 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 DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 Page 8 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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: 1.By Owner: Owner may suspend the Project for up to 90 days upon seven days written notice to Engineer. 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. DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 Page 9 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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: 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.B 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: 1.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. DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 Page 10 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2.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. 3.Owner agrees that the substance of the provisions of this Paragraph 6.07.C shall appear in the Contract Documents. 6.08 Dispute Resolution A.Owner and Engineer agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice prior to invoking the procedures of Exhibit H or other provisions of this Agreement, or exercising their rights under law. B.If the parties fail to resolve a dispute through negotiation under Paragraph 6.08.A, then either or both may invoke the procedures of Exhibit H. 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 DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 Page 11 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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 by law, Engineer shall indemnify and hold harmless Owner, and Owner’s officers, directors, members, partners, agents, consultants, 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 DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 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. 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 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: 1.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. 2.Agreement – This written contract for professional services between Owner and Engineer, including all exhibits identified in Paragraph 8.01 and any duly executed amendments. 3.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 DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 Page 13 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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. 7.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. §§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.; (f) 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. DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 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. 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. 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. DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 Page 15 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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 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. NOT INCLUDED E.Exhibit E, Notice of Acceptability of Work. NOT INCLUDED F.Exhibit F, Construction Cost Limit. NOT INCLUDED DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 Page 16 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. G.Exhibit G, Insurance. H.Exhibit H, Dispute Resolution. NOT INCLUDED I.Exhibit I, Limitations of Liability. J.Exhibit J, Special Provisions. NOT INCLUDED K.Exhibit K, Amendment to Owner-Engineer Agreement. NOT INCLUDED 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: 1."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. DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 Page 17 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner: Engineer: City of South Bend, Indiana Board of Public Works American Structurepoint, Inc. By: By: Title: Elizabeth A. Maradik, President Title: M. David Mohler II, PE, LEED AP, Vice President By: Title: Gary A. Gilot, Member By: Title: Jordan V. Gathers, Member By: Title: Joseph R. Molnar, Member By: Title: Murray L. Miller, Member Attest: Title: Anne Fuchs, Clerk Date: Date: Engineer License or Firm's Certificate No. State of: Indiana Address for giving notices: Address for giving notices: 227 West Jefferson Boulevard South Bend, Indiana 46601 9025 River Road, Sute 200 Indianapolis, Indiana 46240 Designated Representative (Paragraph 8.03.A): Designated Representative (Paragraph 8.03.A): Kara M. Boyles, Ph.D., P.E. Willis R. Conner Title: City Engineer Title: President Phone Number: (574) 235-5933 Phone Number: 317-547-5580 Facsimile Number: (574) 235-9171 Facsimile Number: 317-543-0730 DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 10/4/2021 October 26, 2021 Page 18 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. E-Mail Address:kboyles@southbendin.gov E-Mail Address:rconner@structurepoint.com DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 Page 1 (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. This is EXHIBIT A, consisting of 14 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , . 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 The Owner has requested the Engineering Design, Bid, and Construction phase services for the Owner’s WWTP CSO 045 Equalization (EQ) Basin Improvements as required under its Federal Consent Decree for control of combined sewer overflows (CSO). This project will be designed for control of CSO area 045. The proposed project will capture the required storage volume of 2.0 million gallons of combined sewer overflow (CSO). The stored CSO will be pumped to the WWTP within 48 hours of the storm event for full treatment. In general, the improvements and upgrading project includes the following: 1. Construction of a concrete equalization basin with the following major components: a.Reconstructing new outfall at CSO 045 b. 19-20 feet deep for 2 MG tank c.Relocating I/N Kote Sanitary Trunk Sewer will require 2.1 to 2.5 MG/day bypass during tie-in work d. New regulator at CSO 045 to divert CSOs to the EQ Basin during large storm events e.Underground concrete storage basin approximately “100” feet by “140” feet f.Nine (9) flushing gates g.Dewatering pumps capable of dewatering the EQ Basin within 48 hours h. Control building i.Instrumentation and controls j.Flushing water system k. Temporary shoring system design l.Access road to CSO 45 and River Crossing 7 Receiving Chamber, RC-7 m.Access hatch improvement, embankment stabilization fiber n. Communication network infrastructure o.Electrical power/back-up generator power 2. Realignment of the existing 48 inch diameter interceptor as needed to site the tank. 3.Connect the CSO notification alerts into the WWTP SCADA system. DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 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. To accomplish the objectives of the project, Engineer will perform the following scope of 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. 4.Provide necessary field surveys and topographic and utility mapping for design purposes. Utility mapping will be based upon information obtained from utility owners. 5.Provide five (5) geotechnical soil borings and two (2) piezometers and conduct a geotechnical analysis of the borings. Consultant shall prepare a geotechnical data report geotechnical baseline report to provide an interpretation of the data and describe expected ground behavior and appropriate methods of construction the construction contractors use for construction of all facilities. Excavation support system design criteria will be specified in the design documents. Detailed design of excavation support system will be required by the contractor in the bidding documents. 6.Conduct one workshop with the operations staff on equipment and operations preferences including controls, layouts, locations, and construction sequencing related to the project. 7.Identify and evaluate up to two EQ Basin layout and operation alternate solutions available to Owner and, after consultation with Owner, recommend to Owner those solutions which in Engineer’s judgment meet Owner’s requirements for the Project. 8.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: advantages and disadvantages, risks, general Total Opinion of probable Construction Cost; permit requirements, 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. 9.Perform or provide the following additional Study and Report Phase tasks or deliverables: [NA] Technical Memorandum describing the dewatering impact to Pinhook Pond and Pinhook WTP during construction. DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 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. 10. Furnish three (3) review copies of the Report and any other deliverables to Owner within 90 calendar days of the Effective Date and review it with Owner. Within 14 calendar days of receipt, Owner shall submit to Engineer any comments regarding the Report and any other deliverables. Furnish one (1) digital copy of all Report Documents and Survey documentation. 11.Revise the Report and any other deliverables in response to Owner’s comments, as appropriate, and furnish three (3) copies of the revised Report and any other deliverables to the Owner within seven (7) calendar days of receipt of Owner’s comments. 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.Perform hydraulic analysis on the proposed improvements including sizing of the EQ Basin. 3.Conduct a preliminary equipment selection. 4.Evaluate and determine initial electrical, instrumentation, and controls for operations of the system. 5.Determine intial structural design of the EQ Basin and near surface facilities. 6.Determine re-alignment plans and prolifes of the existing interceptor. 7.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. 8. Furnish three (3) review copies of the Preliminary Design Phase documents at the 30% and 60% design stages and any other deliverables to Owner within 90 calendar days for 30% plans and 180 days for 60% plans of authorization to proceed with this phase, and review them with Owner. Within 14 calendar days of receipt for each stage, Owner shall submit to Engineer any comments regarding the Preliminary Design Phase documents and any other deliverables. 9.Conduct review meetings with the Owner at 30% and 60 % design completion. DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 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. 10.Revise the Preliminary Design Phase documents and any other deliverables in response to Owner’s comments, as appropriate, and furnish to Owner three (3) copies of the revised Preliminary Design Phase documents, revised opinion of probable Construction Cost, and any other deliverables within 14 calendar days after receipt of Owner’s comments. 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. A1.03 Final Design Phase A.After acceptance by Owner of the Preliminary Design Phase documents, revised opinion of probable Construction Cost as determined in the Preliminary Design Phase, and any other deliverables subject to any Owner-directed modifications or changes in the scope, extent, character, or design requirements of or for the Project, and upon written authorization from Owner, Engineer shall: 1.Prepare final Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. 2.Conduct review meetings with the Owner at 90% and 100 % design completion. 3.Provide technical criteria, written descriptions, and design data for Owner’s use in filing applications for permits from or approvals of governmental authorities having jurisdiction to review or approve the final design of the Project; assist Owner in consultations with such authorities; and revise the Drawings and Specifications in response to directives from such authorities. a.Engineer to develop the groundwater dewatering discharge permit and Construction in a Floodway Permit Temporary Dewatering Report requirements worksheet. 4.Advise Owner of any adjustments to the opinion of probable Construction Cost known to Engineer. 5. Furnish three (3) review copies of the Final Design Phase documents to Owner within 90 calendar days of authorization to proceed with this phase, and review them with Owner. Within 14 calendar days of receipt for each stage, Owner shall submit to Engineer any comments regarding the Final Design Phase documents and any other deliverables 6.Perform or provide the following additional Final Design Phase tasks or deliverables: IDEM Construction Permit i.Prepare and submit the IDEM construction permit application. ii.Review the permit application with the Owner before submission. iii.Meet with IDEM and the Owner, if needed, to review the permit application. iv.Respond to one all requests for information from IDEM. DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 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. v.Permit application fee provided by the Owner. vi. IDEM Rule 5 Permit. Erosion control measures will be incorporated into the final plans and a Rule 5 permit will be obtained prior to project bidding. 7.Prepare and furnish bidding documents for review by Owner, its legal counsel, and other advisors, and assist Owner in the preparation of other related documents. Within 21 days of receipt, Owner shall submit to Engineer any comments and, subject to the provisions of Paragraph 6.01.G, instructions for revisions. 8.Revise the bidding documents in accordance with comments and instructions from the Owner, as appropriate, and submit three (3) final copies of the bidding documents, a revised opinion of probable Construction Cost, and any other deliverables to Owner within 14 calendar days after receipt of Owner’s comments and instructions. Engineer will provide one (1) set of digital bidding documents (full and half-size). B.Engineer’s services under the Final Design Phase will be considered complete on the date when the submittals required by Paragraph A1.03.A.6 have been delivered to Owner. C.In the event that the Work designed or specified by Engineer is to be performed or furnished under more than one prime contract, or if Engineer’s services are to be separately sequenced with the work of one or more prime Contractors (such as in the case of fast-tracking), Owner and Engineer shall, prior to commencement of the Final Design Phase, develop a schedule for performance of Engineer’s services during the Final Design, Bidding or Negotiating, Construction, and Post- Construction Phases in order to sequence and coordinate properly such services as are applicable to the work under such separate prime contracts. This schedule is to be prepared and included in or become an amendment to Exhibit A whether or not the work under such contracts is to proceed concurrently. D.The number of prime contracts for Work designed or specified by Engineer upon which the Engineer’s compensation has been established under this Agreement is one (1). If more prime contracts are awarded, Engineer shall be entitled to an equitable increase in its compensation under this Agreement. A1.04 Bidding or Negotiating Phase A.After acceptance by Owner of the bidding documents and the most recent opinion of probable Construction Cost as determined in the Final Design Phase, and upon written authorization by Owner to proceed, Engineer shall: 1.Assist Owner in advertising for and obtaining bids or proposals for the Work and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, and attend pre-bid conferences, if any, and receive and process contractor deposits or charges for the bidding documents. *Arc Reprographics handles bid document distribution. 2.Issue addenda as appropriate to clarify, correct, or change the bidding documents. DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 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. 3.Provide information or assistance needed by Owner in the course of any negotiations with prospective contractors. 4.Consult with Owner as to the acceptability of subcontractors, suppliers, and other individuals and entities proposed by prospective contractors for those portions of the Work as to which such acceptability is required by the bidding documents. 5.If bidding documents require, the Engineer shall evaluate and determine the acceptability of "or equals" and substitute materials and equipment proposed by bidders, but subject to the provisions of paragraph A2.02.A.2 of this Exhibit A. 6.Attend the Bid opening, prepare Bid tabulation sheets, and assist Owner in evaluating Bids or proposals and in assembling and awarding contracts for the Work. B.The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective contractors (except as may be required if Exhibit F is a part of this Agreement). A1.05 Construction Phase A.Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from Owner, Engineer shall: 1.General Administration of Construction Contract: Consult with Owner and act as Owner’s representative as provided in the Construction Contract. The extent and limitations of the duties, responsibilities, and authority of Engineer as assigned in the Construction Contract shall not be modified, except as Engineer may otherwise agree in writing. All of Owner’s instructions to Contractor will be issued through Engineer, which shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and the Construction Contract except as otherwise provided in writing. 2.Resident Project Representative (RPR): Provide the services of an RPR at the Site to assist the Engineer and to provide more extensive observation of Contractor’s work. Duties, responsibilities, and authority of the RPR are as set forth in Exhibit D. The furnishing of such RPR’s services will not limit, extend, or modify Engineer’s responsibilities or authority except as expressly set forth in Exhibit D. [If Engineer will not be providing the services of an RPR, then delete this Paragraph 2 by inserting the word “DELETED” after the paragraph title, and do not include Exhibit D.] 3.Selecting Independent Testing Laboratory: Assist Owner in the selection of an independent testing laboratory to perform the services identified in Exhibit B, Paragraph B2.01.0. Testing to be performed by third-party and inclusive in the Contractor’s Bid price. 4.Pre-Construction Conference: Participate in a Pre-Construction Conference prior to commencement of Work at the Site. DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 Page 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. 5.Schedules: Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to Engineer, including the Progress Schedule, Schedule of Submittals, and Schedule of Values. 6.Baselines and Benchmarks: As appropriate, establish baselines and benchmarks for locating the Work which in Engineer’s judgment are necessary to enable Contractor to proceed. All baseline and benchmark data and datums shall be provided in plans and established via the site survey for all elements of work. 7.Visits to Site and Observation of Construction: In connection with observations of Contractor’s Work while it is in progress: a.Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, to observe as an experienced and qualified design professional the progress of Contractor’s executed Work. Such visits and observations by Engineer, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of Contractor’s Work in progress or to involve detailed inspections of Contractor’s Work in progress beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer’s exercise of professional judgment, as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and observations, Engineer will determine in general if the Work is proceeding in accordance with the Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. b.The purpose of Engineer’s visits to, and representation by the Resident Project Representative, if any, at the Site, will be to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the exercise of Engineer’s efforts as an experienced and qualified design professional, to provide for Owner a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Engineer shall not, during such visits or as a result of such observations of Contractor’s Work in progress, supervise, direct, or have control over Contractor’s Work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to Contractor’s Work, nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. Accordingly, Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor’s failure to furnish or perform the Work in accordance with the Contract Documents. 8.Defective Work: Reject Work if, on the basis of Engineer’s observations, Engineer believes that such Work (a) is defective under the standards set forth in the Contract Documents, (b) DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 Page 8 (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. will not produce a completed Project that conforms to the Contract Documents, or (c) will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 9.Clarifications and Interpretations; Field Orders: Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor’s work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Subject to any limitations in the Contract Documents, Engineer may issue field orders authorizing minor variations in the Work from the requirements of the Contract Documents. 10.Change Orders and Work Change Directives: Recommend change orders and work change directives to Owner, as appropriate, and prepare change orders and work change directives as required. 11.Shop Drawings and Samples: Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Engineer shall meet any Contractor’s submittal schedule that Engineer has accepted. 12.Substitutes and “or-equal”: Evaluate and determine the acceptability of substitute or “or- equal” materials and equipment proposed by Contractor, but subject to the provisions of Paragraph A2.02.A.2 of this Exhibit A. 13.Inspections and Tests: Require such special inspections or tests of Contractor’s work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Contract Documents. Engineer’s review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. Engineer shall be entitled to rely on the results of such tests. 14.Disagreements between Owner and Contractor: Render formal written decisions on all duly submitted issues relating to the acceptability of Contractor’s work or the interpretation of the requirements of the Contract Documents pertaining to the execution, performance, or progress of Contractor’s Work; review each duly submitted Claim by Owner or Contractor, and in writing either deny such Claim in whole or in part, approve such Claim, or decline to resolve such Claim if Engineer in its discretion concludes that to do so would be inappropriate. In rendering such decisions, Engineer shall be fair and not show partiality to Owner or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 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. 15.Applications for Payment: Based on Engineer’s observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a.Determine the amounts that Engineer recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineer’s representation to Owner, based on such observations and review, that, to the best of Engineer’s knowledge, information and belief, Contractor’s Work has progressed to the point indicated, the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe Contractor’s Work. In the case of unit price work, Engineer’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s Work (subject to any subsequent adjustments allowed by the Contract Documents). b.By recommending any payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of Contractor’s Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor’s Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control Contractor’s Work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor’s compliance with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the Work in progress, materials, or equipment has passed to Owner free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid. 16.Contractor’s Completion Documents: Receive, review, and transmit to Owner maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and other data approved as provided under Paragraph A1.05.A.11, and transmit the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. The extent of such review by Engineer will be limited as provided in Paragraph A1.05.A.11. DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 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. 17.Substantial Completion: Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor, visit the Project to determine if the Work is substantially complete. If after considering any objections of Owner, Engineer considers the Work substantially complete, Engineer shall deliver a certificate of Substantial Completion to Owner and Contractor. 18.Additional Tasks: Perform or provide the following additional Construction Phase tasks or deliverables: [here list any such tasks or deliverables] 19.Final Notice of Acceptability of the Work: Conduct a final visit to the Project to determine if the completed Work of Contractor is acceptable so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a notice in the form attached hereto as Exhibit E (the “Notice of Acceptability of Work”) that the Work is acceptable (subject to the provisions of Paragraph A1.05.A.15.b) to the best of Engineer’s knowledge, information, and belief and based on the extent of the services provided by Engineer under this Agreement. B.Duration of Construction Phase: The Construction Phase will commence with the execution of the first Construction Contract for the Project or any part thereof and will terminate upon written recommendation by Engineer for final payment to Contractors. If the Project involves more than one prime contract as indicated in Paragraph A1.03.C, then Construction Phase services may be rendered at different times in respect to the separate contracts. Subject to the provisions of Article 3, Engineer shall be entitled to an equitable increase in compensation if Construction Phase services (including Resident Project Representative services, if any) are required after the original date for completion and readiness for final payment of Contractor as set forth in the Construction Contract. C.Limitation of Responsibilities: Engineer shall not be responsible for the acts or omissions of any Contractor, Subcontractor or Supplier, or other individuals or entities performing or furnishing any of the Work, for safety or security at the Site, or for safety precautions and programs incident to Contractor's Work, during the Construction Phase or otherwise. Engineer shall not be responsible for the failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. A1.06 Post-Construction Phase A.Upon written authorization from Owner during the Post-Construction Phase Engineer shall: 1.Together with Owner, visit the Project to observe any apparent defects in the Work, assist Owner in consultations and discussions with Contractor concerning correction of any such defects, and make recommendations as to replacement or correction of defective Work, if any. 2.Together with Owner or Owner’s representative, visit the Project within one month before the end of the correction period to ascertain whether any portion of the Work is subject to correction. DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 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.Perform or provide the following additional Post-Construction Phase tasks or deliverables: [Here list any such tasks or deliverables] Visit site after first major rain event after project completion to observe operations and mechanical systems. B.The Post-Construction Phase services may commence during the Construction Phase and, if not otherwise modified in this Exhibit A, will terminate twelve months after the commencement of the Construction Contract’s correction period. A1.07 Schedule The proposed design and bid services will be completed within 18 months after Notice to Proceed (NTP). A breakdown of the preliminary schedule is as follow: Contract Award October 12, 2021 Study Phase October 13, 2021 - December 31, 2021 (three months) Preliminary Design January 1, 2022 - June 30, 2022 (six months) Final Design July 1, 2022 - December 31, 2022 (five months) Permitting and Bidding (anticipate 8-10 weeks time needed to bid) January 1, 2023 - April 1, 2023 (three months) Anticipated Construction Notice to Proceed June 1, 2023 Design 18 months Construction Schedule TBD 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. 1.Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. 2.Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner or others. 3.Services resulting from significant changes in the scope, extent, or character of the portions of the Project designed or specified by Engineer or its design requirements including, but not limited to, changes in size, complexity, Owner’s schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 Page 12 (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. 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 A1.01.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 A1.03.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. 15.Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor. DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 Page 13 (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. 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. 3.Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment, or energy shortages. DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 Page 14 (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. 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. 8.Reviewing a Shop Drawing more than three times, as a result of repeated inadequate submissions by Contractor. 9.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. DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 Page 1 (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. This is EXHIBIT B, consisting of 3 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. 5.Environmental assessments, audits, investigations, and impact statements, and other relevant environmental or cultural studies as to the Project, the Site, and adjacent areas. 6.Data or consultations as required for the Project but not otherwise identified in the Agreement or the Exhibits thereto. 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 DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 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. scope or time of performance of Engineer’s services, or any defect or nonconformance in Engineer’s services, the Work, or in the performance of any Contractor. E.Authorize Engineer to provide Additional Services as set forth in Part 2 of Exhibit A of the Agreement as required. F.Arrange for safe access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform services under the Agreement. G.Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by Engineer (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as Owner deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. H.Provide reviews, approvals, and permits from all governmental authorities having jurisdiction to approve all phases of the Project designed or specified by Engineer and such reviews, approvals, and consents from others as may be necessary for completion of each phase of the Project. I.Recognizing and acknowledging that Engineer's services and expertise do not include the following services, provide, as required for the Project: 1.Accounting, bond and financial advisory, independent cost estimating, and insurance counseling services. 2.Legal services 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. DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 Page 3 (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. N.If more than one prime contract is to be awarded for the Work designed or specified by Engineer, designate a person or entity to have authority and responsibility for coordinating the activities among the various prime Contractors, and define and set forth the duties, responsibilities, and limitations of authority of such individual or entity and the relation thereof to the duties, responsibilities, and authority of Engineer as an attachment to this Exhibit B that is to be mutually agreed upon and made a part of this Agreement before such services begin. O.Attend the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job related meetings, and Substantial Completion and final payment visits to the Project. P.Provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of samples, materials, and equipment required by the Contract Documents, or to evaluate the performance of materials, equipment, and facilities of Owner, prior to their incorporation into the Work with appropriate professional interpretation thereof. Q.Provide Engineer with the findings and reports generated by the entities providing services to Owner pursuant to this paragraph. R.Inform Engineer in writing of any specific requirements of safety or security programs that are applicable to Engineer, as a visitor to the Site. S.Perform or provide the following additional services: [Here list any such additional services] None. DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 Page 1 Exhibit C –Compensation Packet BC-1: Basic Services (other than RPR) – Lump Sum 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. SUGGESTED FORMAT (for use with E-500, 2008 Edition) This is EXHIBIT C, consisting of 2 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-1: Basic Services – Lump Sum Article 2 of the Agreement is supplemented to include the following agreement of the parties: ARTICLE 2 – OWNER’S RESPONSIBILITIES C2.01 Compensation for Basic Services (other than Resident Project Representative) – Lump Sum 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.A Lump Sum amount of $203,735.00 based on the following estimated distribution of compensation: a.Study and Report Phase $203,735.00 b.Preliminary Design Phase TBD c.Final Design Phase TBD d.Bidding and Negotiating Phase TBD e.Construction Phase (admin)TBD f.Post-Construction Phase TBD 2.Engineer may alter the distribution of compensation between individual phases noted herein to be consistent with services actually rendered, but shall not exceed the total Lump Sum amount unless approved in writing by the Owner. Engineer shall review all proposed adjustments in phase compensation with Owner prior to adjustment. 3.The Lump Sum includes compensation for Engineer’s services and services of Engineer’s Consultants, if any. Appropriate amounts have been incorporated in the Lump Sum to account for labor, overhead, profit, and Reimbursable Expenses. 4.The portion of the Lump Sum amount billed for Engineer’s services will be based upon Engineer’s estimate of the percentage of the total services actually completed during the billing period. DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 Page 2 Exhibit C –Compensation Packet BC-1: Basic Services (other than RPR) – Lump Sum 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. B.Period of Service: The compensation amount stipulated in Compensation Packet BC-1 is conditioned on a period of service not exceeding 18 months. If such period of service is extended, the compensation amount for Engineer's services shall be appropriately adjusted. 1.Professional services hourly billing rates, mileage rates, and consumables costs are subject to annual adjustment on January 1st of every calendar year during the duration of the project. Cost adjustments will be handled through approved Amendments to the Contract. DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 Page 1 Exhibit C – Compensation Packet RPR-1: Resident Project Representative Services – Lump Sum 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. COMPENSATION PACKET RPR-1: Resident Project Representative – Lump Sum Article 2 of the Agreement is supplemented to include the following agreement of the parties: C2.04 Compensation for Resident Project Representative Basic Services – Lump Sum Method of Payment A.Owner shall pay Engineer for Resident Project Representative Basic Services as follows: 1.Resident Project Representative Services: For services of Engineer’s Resident Project Representative, if any, under Paragraph A1.05 of Exhibit A, the Lump Sum amount of TBD. The Lump Sum includes compensation for the Resident Project Representative’s services, and for the services of any direct assistants to the Resident Project Representative. Appropriate amounts have been incorporated in the Lump Sum to account for labor, overhead, profit, and Reimbursable Expenses related to the Resident Project Representative’s Services. 2.Resident Project Representative Schedule: The Lump Sum amount set forth in Paragraph C2.04.A.1 above is based on full-time RPR services on an eight-hour workday Monday through Friday over a construction schedule to be determined. Modifications to the schedule shall entitle Engineer to an equitable adjustment of compensation for RPR services. DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 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. This is EXHIBIT G, consisting of 2 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.B of the Agreement are as follows: 1.By Engineer: a.Workers’ Compensation:Statutory b.Employer’s Liability -- 1)Each Accident:$1,000,000 2)Disease, Policy Limit:$1,000,000 3)Disease, Each Employee:$1,000,000 c.General Liability -- 1)Each Occurrence (Bodily Injury and Property Damage):$1,000,000 2)General Aggregate:$2,000,000 d.Excess or Umbrella Liability -- 1)Each Occurrence:$5,000,000 2)General Aggregate:$5,000,000 e.Automobile Liability --Combined Single Limit (Bodily Injury and Property Damage): Each Accident $1,000,000 f.Professional Liability – 1)Each Claim Made $1,000,000 2)Annual Aggregate $1,000,000 g.Other (specify): 2.By Owner: DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 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. 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 #6657-79, 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: 1.The following persons or entities are to be listed on Owner’s general liability policies of insurance as additional insureds, and on any applicable property insurance policy as loss payees, as provided in Paragraph 6.04.B: a. Engineer b. Engineer’s Consultant c. Engineer’s Consultant 2.During the term of this Agreement the Engineer shall notify Owner of any other Consultant to be listed as an additional insured on Owner’s general liability and property policies of insurance. 3.The Owner shall be listed on Engineer’s general liability policy as provided in Paragraph 6.04.A. DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 Page 1 (Exhibit I - Limitations on Liability) 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 1 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 Consultants (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 such insurance coverage is provided with respect to Owner’s Claims, then 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 such uninsured Owner’s Claims shall not exceed $_____________ 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. DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 10/5/2021 Name: Kieran Fahey Department of Public Works – Engineering Division BPW Date: 10/12/2021 Phone Extension: 5993 Required Prior to Submittal to Board BPW Attorney X Attorney Name Clara McDaniels Dept. Attorney Attorney Name Clara McDaniels Purchasing Check the Appropriate Item Type – Required for All Submissions Professional Services Agreement Contract Proposal Open Market Contract Amendment/Addendum Special Purchase, QPA Bid Opening Bid Award Req. to Advertise Title Sheet Quote Opening Quote Award Reject Bids/Quotes Proposal Opening C/O & PCA No. PCA Chg. Order, No. Traffic Control Resolution Other: Ease./Encroach Required Information Company or Vendor Name American Structurepoint, Inc New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name LTCP Waste-water treatment plant storage tank Project Number 121-071 Funding Source LTCP engineering Account No. PR/PO #641-06-605-514-431002 Amount $203,735.00 Terms of Contract Study phase to design WWTP CSO storage tank Special Contract Provisions Purpose/Description New Consent Decree for LTCP requires a tank to store combined sewage at South Bend’s WWTP. This study phase will initiate and advance this design. For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 5/17/2022 Name: Kieran Fahey Department of Public Works – Engineering Division BPW Date: May 24th 2022 Phone Extension: Required Prior to Submittal to Board BPW Attorney X Attorney Name Dept. Attorney Attorney Name Clara McDaniels Purchasing Check the Appropriate Item Type – Required for All Submissions Professional Services Agreement Contract Proposal Open Market Contract Amendment/Addendum Special Purchase, QPA Bid Opening Bid Award Req. to Advertise Title Sheet Quote Opening Quote Award Reject Bids/Quotes Proposal Opening C/O & PCA No. PCA Chg. Order, No. Traffic Control Resolution Other: Ease./Encroach Required Information Company or Vendor Name American Structurepoint, Inc New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name LTCP Wastewater treatment plant storage tank Project Number 121-071 Funding Source LTCP Engineering Account No. PR/PO #641-06-605-514-431002 Amount $1,917,975.00. Terms of Contract Design of CSO storage tank Special Contract Provisions Purpose/Description Full contract was signed by BPWs 10/12/2021 but with money only allocated for preliminary screening design, now complete. Now the intention is to move to full tank design and put dollar amount onto that contract for this stage. For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: Appendix A – Long Term Control Plan [Section 1 of the original Appendix A to the Consent Decree is deleted and replaced in its entirety by the following new Section 1] Section 1: CSO Control Measures 1.1 Long Term Control Plan Goals and Requirements The St. Joseph River is the reason for the City’s location and the source of its name. Over time it has transitioned from the physical driver for industry to a developing centerpiece for recreation and entertainment. The river connects many of the City’s parks and trails and is home to the East Race Waterway, the first man-made whitewater rafting course built in North America. South Bend is fully committed to the continued implementation of a Long-term Control Plan to protect the St. Joseph River and achieve compliance with the Clean Water Act consistent with the principles set forth in the Environmental Protection Agency’s Combined Sewer Overflow (CSO) Control Policy. Key among those principle are the identification and implementation of community specific and cost-effective CSO controls necessary to meet Clean Water Act objectives and requirements. CSO Control Measures Description, Design Criteria, Performance Criteria4 and Implementation Schedule Project Description, Design Criteria, and Performance Criteria Start Date End Date WWTP Improvements Expansion of the South Bend WWTP to provide peak wet weather capacity of 100 mgd. 07/2021 12/2029 CSO 029 Lift Station Modification Increase lift station capacity to 250 gpm (0.55 mgd) 09/2021 12/2024 WWTP Storage, Site Piping and Controls Equalization basin and dewatering pumping station. Minimum size of 2.0 million gallons. 12/2021 12/2025 WWTP Storage, Site Piping and Controls Re-routing of existing sewers to accommodate proposed equalization basin. 01/2025 12/2029 Randolph-Sampson RTB and Site Piping Below grade retention treatment basin and pumping station with provisions for screening, disinfection/dechlorination of overflow. Minimum size of 4.7 million gallons. 01/2025 12/2029 Throttle Control at CSO 022 Actively controlled sluice gate on capture throttle to prevent overflows at CSO 48 near River Crossing #1 01/2025 12/2029 Regulator/Throttle Improvements Upstream of East Race Modifications to regulators/throttles at CSOs 014, 018, 021, 040 01/2025 12/2029 Randolph-Sampson RTB and Site Piping 90" diameter inlet and outlet sewers for Randolph- Sampson RTB 07/2025 12/2029 Regulator Modifications for Randolph-Sampson RTB Modification to regulator at CSO 022 02/2026 12/2029 Basin CSO 040, 041 Separation Sewer 15" new storm sewer (975 lf), 18" new storm sewer (650 lf), 24" new storm sewer (650 lf) on Pleasant Avenue; 24" new storm sewer (700 lf) on Northside Blvd. 01/2027 12/2029 Memorial Park RTB Below grade retention treatment basin and pumping station with provisions for screening, disinfection/dechlorination of overflow. Minimum size of 3.9 million gallons. 01/2030 12/2035 CSO Basin 019 GSI Improvements Green Alley Improvements, Intersection Dry Wells. Green stormwater infrastructure improvements within Basin 019 will provide for the capture of at least 20,000 gallons for stormwater. 01/2030 12/2035 CSO 001 Throttle Capacity Improvement Increase dry weather throttle pipe capacity to capture an additional 27 MGD 03/2030 12/2035 CSO Basin 039, 040 GSI Improvements GSI unit drain improvements along Pleasant Avenue. Green stormwater infrastructure improvements within Basins 039 and 040 will provide for the capture of at least 14,500 gallons for stormwater. 03/2030 12/2035 Memorial Park Consolidation Sewers and Controls Large diameter sewers to collect and convey overflow from CSO Basins 031, 033, 035, 036, 037 to Memorial Park RTB; Segment from CSO 037 to tank increased to 78" diameter (2625 lf). 04/2030 12/2035 Regulator Modifications for Memorial Park Consolidation Sewer Modifications to regulators for CSO 031, 033, 035, 036, 037, 060 04/2030 12/2035 CSO 019 Throttle Capacity Improvement Increase throttle pipe capacity to maximize diversion to South Shore Interconnect Sewer (650 lf of 24" diameter sewer) 05/2030 12/2035 River Crossing 2-3 Interconnect Sewer 36" diameter interconnecting sewer (reduced from 66") between CSO 14 and River Crossing #2 serving as both conveyance and storage. 07/2030 12/2035 Interceptor Replacement 24" diameter replacement for existing interceptor from CSO 020 to CSO 019 (1,800 lf) 10/2030 12/2035 New River Crossing 48" diameter wet weather river crossing (500 lf) to direct excess flow from south side of river to Memorial Park RTB. 01/2031 12/2035 Sluice Gate at CSO 18 Regulator Structure Actively controlled modulating sluice gate operated to make effective use of storage in Basin 018 trunk sewer 04/2031 12/2035 Interceptor Control Upstream of River Crossing #2 Actively controlled interceptor isolation gate to regulate flow downstream and detain excess in Memorial Park RTB 07/2031 12/2035 Brownfield Storage Tank Below grade retention treatment basin and pumping station with RTC gate and provisions for screening, disinfection/dechlorination of overflow. Minimum size of 2.0 million gallons. 01/2036 12/2038 South Shore Interconnect Sewer 84" diameter interconnecting sewer from Michigan Street LS to downstream end of River Crossing #5. Collects overflow from CSO Basins 006, 007, 008, 010, 011 and allows River Crossing #4 and the Michigan Street LS to be abandoned. 01/2036 12/2038 Regulator/Throttle Improvements Downstream of East Race Modifications to regulators/throttles at CSOs 003, 004, 006, 007, 025, 026, 027, 028 01/2036 12/2038 CSO Basin 010 GSI Improvements Sewer Separation, Green Alley Improvements, Rain Barrel Program. Green stormwater infrastructure improvements within Basin 010 will provide for the capture of at least 14,500 gallons for stormwater per rainfall event. 01/2036 12/2038 CSO 010 Throttle Capacity Improvement Increase throttle pipe capacity to maximize diversion to South Shore Interconnect Sewer (550 lf of 36" diameter sewer, 775 lf of 27" diameter sewer), Construct new diversion structure at Michigan Street and Bartlett Street 05/2036 12/2038 CSO 011 Regulator Improvements and Diversion Sewer CSO 011 regulator modifications, weir adjustments, and 27" diameter relief sewer (2,250 lf) from intra-system diversion structure on 60" trunk sewer upstream of existing CSO 011B location to Michigan Street and Bartlett Street 05/2036 12/2038 OPINION OF PROBABLE PROJECT COSTS SAGE PLAN Improvement 2020 SAGE Plan Base Construction ($ millions) With Construction Contingency ($ millions) With Contingency and Engineering ($ millions) WWTP Improvements WWTP Improvements Expansion of the South Bend WWTP to provide peak wet weather capacity of 100 mgd. Cost based on ARCADIS estimates. $ 18.94 $ 24.62 $ 29.55 Storage Facilities WWTP Storage, Site Piping and Controls Equalization basin and dewatering pumping station. Construction Contingency = 20% based on expanded conceptual design. $ 19.32 $ 23.18 $ 27.82 Re-routing of existing sewers to accommodate proposed equalization basin. $ 0.66 $ 0.86 $ 1.03 Brownfield Storage Tank Below grade retention treatment basin and pumping station with RTC gate and provisions for screening, disinfection/dechlorination of overflow. Cost based on storage cost curve. 30% construction contingency applied given lack of conceptual design details $ 19.32 $ 25.11 $ 30.13 Memorial Park RTB Below grade retention treatment basin and pumping station with provisions for screening, disinfection/dechlorination of overflow. Cost based on storage cost curve plus allowance for effluent pump station. $ 37.72 $ 45.26 $ 54.32 Memorial Park Consolidation Sewers and Controls Large diameter sewers to collect and convey overflow from CSO Basins 031, 033, 035, 036, 037 to Memorial Park RTB; Segment from CSO 037 to tank increased to 78" diameter (2625 lf). $ 16.24 $ 21.11 $ 25.33 Randolph-Sampson RTB and Site Piping Below grade retention treatment basin and pumping station with provisions for screening, disinfection/dechlorination of overflow. Construction Contingency = 20% based on expanded conceptual design $ 33.76 $ 40.51 $ 48.62 90" diameter inlet and outlet sewers for Randolph-Sampson RTB $ 0.53 $ 0.69 $ 0.82 Conveyance Facilities South Shore Interconnect Sewer 84" diameter interconnecting sewer from Michigan St LS to downstream end of River Crossing #5. Collects overflow from CSO Basins 006, 007, 008, 010, 011 and allows River Crossing #4 and the Michigan Street LS to be abandoned. $ 18.80 $ 24.44 $ 29.33 River Crossing 2-3 Interconnect Sewer 36" diameter interconnecting sewer (reduced from 66") between CSO 14 and River Crossing #2 serving as both conveyance and storage $ 3.20 $ 4.16 $ 5.00 Interceptor Replacement 24" diameter replacement for existing interceptor from CSO 020 to CSO 019 (1,800 lf) $ 1.22 $ 1.59 $ 1.90 New River Crossing 48" diameter wet weather river crossing (500 lf) to direct excess flow from south side of river to Memorial Park RTB; Use cost curve. $ 5.50 $ 7.15 $ 8.58 Interceptor Active Controls Interceptor Control Upstream of River Crossing #2 Actively controlled interceptor isolation gate to regulate flow downstream and detain excess in Memorial Park RTB $ 0.16 $ 0.21 $ 0.25 Sluice Gate at CSO 18 Regulator Structure Actively controlled modulating sluice gate operated to make effective use of storage in Basin 018 trunk sewer $ 0.16 $ 0.21 $ 0.25 Throttle Control at CSO 022 Actively controlled sluice gate on capture throttle to prevent overflows at CSO 48 near River Crossing #1 $ 0.16 $ 0.21 $ 0.25 Local Collection System Capacity Basin CSO 040, 041 Separation Sewer 15" new storm sewer (975 lf), 18" new storm sewer (650 lf), 24" new storm sewer (650 lf) on Pleasant Avenue; 24" new storm sewer (700 lf) on Northside Blvd. $ 1.80 $ 2.34 $ 2.81 Regulator and Throttle Modifications CSO 001 Throttle Capacity Improvement Increase dry weather throttle pipe capacity $ 0.04 $ 0.05 $ 0.06 CSO 010 Throttle Capacity Improvement Increase throttle pipe capacity to maximize diversion to South Shore Interconnect Sewer (550 lf of 36" diameter sewer, 775 lf of 27" diameter sewer), Construct new diversion structure at Michigan St and Bartlett St $ 1.07 $ 1.39 $ 1.67 CSO 011 Regulator Improvements and Diversion Sewer CSO 011 regulator modifications, weir adjustments, and 27" diameter relief sewer (2,250 lf) from intra-system diversion structure on 60" trunk sewer upstream of existing CSO 011B location to Michigan St and Bartlett St $ 1.90 $ 2.47 $ 3.21 CSO 019 Throttle Capacity Improvement Increase throttle pipe capacity to maximize diversion to South Shore Interconnect Sewer (650 lf of 24" diameter sewer) $ 0.44 $ 0.57 $ 0.69 Regulator Modifications for Memorial Park Consolidation Sewer Modifications to regulators for CSO 031, 033, 035, 036, 037, 060 $ 0.10 $ 0.12 $ 0.15 Regulator Modifications for Randolph- Sampson RTB Modification to regulator at CSO 022 $ 0.06 $ 0.08 $ 0.10 Regulator/Throttle Improvements Downstream of East Race Modifications to regulators/throttles at CSOs 003, 004, 006, 007, 025, 026, 027, 028 $ 0.13 $ 0.17 $ 0.20 CSO 029 Lift Station Modification Increase lift station capacity to 250 gpm (0.55 mgd) $ 0.50 $ 0.65 $ 0.85 Regulator/Throttle Improvements Upstream of East Race Modifications to regulators/throttles at CSOs 014, 018, 021, 040 $ 0.06 $ 0.08 $ 0.10 Green Stormwater Infrastructure CSO Basin 010 GSI Improvements Sewer Separation, Green Alley Improvements, Rain Barrel Program $ 0.65 $ 0.84 $ 1.01 CSO Basin 019 GSI Improvements Green Alley Improvements, Intersection Dry Wells $ 0.67 $ 0.88 $ 1.05 CSO Basin 039, 040 GSI Improvements GSI unit drain improvements along Pleasant Avenue $ 0.50 $ 0.65 $ 0.85 2020 SAGE Plan $ 275.91