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HomeMy WebLinkAboutPSA - Engineering Services for SBCSC – American Structurepoint, Inc.  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 August 9, 2022 Mr. Robert S. Bray American Structurepoint, Inc. 9025 River Road, Suite 200 Indianapolis, IN 46240 rbray@structurepoint.com RE: Professional Services Agreement Dear Mr. Bray: At its August 9, 2022 meeting, the Board of Public Works approved the above referenced agreement for engineering services for the South Bend Community School Corporation Building Project in the amount of $71,180. Enclosed please find a copy of the agreement 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 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: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 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: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 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 ............................................................................................ 3 6.01 Standards of Performance ............................................................................................................. 3 6.02 Design Without Construction Phase Services .............................................................................. 5 6.03 Use of Documents ......................................................................................................................... 5 6.04 Insurance ....................................................................................................................................... 7 6.05 Suspension and Termination ........................................................................................................ 7 6.06 Controlling Law ............................................................................................................................ 9 6.07 Successors, Assigns, and Beneficiaries ........................................................................................ 9 6.08 Dispute Resolution ...................................................................................................................... 10 6.09 Environmental Condition of Site ................................................................................................ 10 6.10 Indemnification and Mutual Waiver .......................................................................................... 10 6.11 Miscellaneous Provisions ........................................................................................................... 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: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 2022.00343 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. 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 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: South Bend Community School Corporation Building ("Project"). Engineer's services under this Agreement are generally identified as follows: 3D Laser Scanning and Modeling Services, Parking Assessment, and Space Planning Design Services DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 2022.00343 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. 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: 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 DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 2022.00343 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. 2. Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until Owner has paid in full all non-disputed amounts due for services, expenses, and other related charges. Owner waives any and all claims against Engineer for any such suspension. C. Disputed Invoices: If Owner contests an invoice, Owner shall promptly advise Engineer of the specific basis for doing so, may withhold only that portion so contested, and must pay the undisputed portion. D. Legislative Actions: If after the Effective Date any governmental entity takes a legislative action that imposes taxes, fees, or charges on Engineer’s services or compensation under this Agreement, then the Engineer may invoice such new taxes, fees, or charges as a Reimbursable Expense to which a factor of 1.0 shall be applied. Owner shall reimburse Engineer for the cost of such invoiced new taxes, fees, and charges; such reimbursement shall be in addition to the compensation to which Engineer is entitled under the terms of Exhibit C. ARTICLE 5 – OPINIONS OF COST 5.01 Opinions of Probable Construction Cost A. Engineer’s opinions of probable Construction Cost are to be made on the basis of Engineer’s experience and qualifications and represent Engineer’s best judgment as an experienced and qualified professional generally familiar with the construction industry. However, because Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors’ methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by Engineer. If Owner requires greater assurance as to probable Construction Cost, Owner must employ an independent cost estimator as provided in Exhibit B. 5.02 Designing to Construction Cost Limit A. If a Construction Cost limit is established between Owner and Engineer, such Construction Cost limit and a statement of Engineer’s rights and responsibilities with respect thereto will be specifically set forth in Exhibit F, “Construction Cost Limit,” to this Agreement. 5.03 Opinions of Total Project Costs A. The services, if any, of Engineer with respect to Total Project Costs shall be limited to assisting the Owner in collating the various cost categories which comprise Total Project Costs. Engineer assumes no responsibility for the accuracy of any opinions of Total Project Costs. ARTICLE 6 – GENERAL CONSIDERATIONS 6.01 Standards of Performance A. Standard of Care: The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 2022.00343 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. 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 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 DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 2022.00343 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. contractor to comply with Laws and Regulations applicable to such contractor’s furnishing and performing of its work. I. Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor’s failure to furnish and perform the Work in accordance with the Contract Documents. J. Engineer shall not provide or have any responsibility for surety bonding or insurance-related advice, recommendations, counseling, or research, or enforcement of construction insurance or surety bonding requirements. K. Engineer shall not be responsible for the acts or omissions of any Contractor, Subcontractor, or Supplier, or of any of their agents or employees or of any other persons (except Engineer’s own agents, employees, and Consultants) at the Site or otherwise furnishing or performing any Work; or for any decision made regarding the Contract Documents, or any application, interpretation, or clarification, of the Contract Documents, other than those made by Engineer. L. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's and Owner's safety programs of which Engineer has been informed in writing. 6.02 Design Without Construction Phase Services A. Engineer shall be responsible only for those Construction Phase services expressly required of Engineer in Exhibit A, Paragraph A1.05. With the exception of such expressly required services, Engineer shall have no design, Shop Drawing review, or other obligations during construction and Owner assumes all responsibility for the application and interpretation of the Contract Documents, review and response to Contractor claims, contract administration, processing Change Orders, revisions to the Contract Documents during construction, construction surety bonding and insurance requirements, construction observation and review, review of payment applications, and all other necessary Construction Phase engineering and professional services. Owner waives all claims against the Engineer that may be connected in any way to Construction Phase engineering or professional services except for those services that are expressly required of Engineer in Exhibit A, Paragraph A1.05. 6.03 Use of Documents A. The Owner acknowledges the Engineer’s construction documents, including all electronic files, as instruments of professional services. Nevertheless, the final construction documents, including all electronic files, prepared under this agreement shall become the property of the Owner upon completion of services and payment in full of all monies due to the Engineer. The Owner shall not reuse or make any modification to the construction documents without the prior written authorization of the Engineer. 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 DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 2022.00343 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 items that the other party intended to send. Files in electronic media format of text, data, graphics, or other types that are furnished by one party to the other are furnished only for convenience, not reliance by the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. If the parties agree to other electronic transmittal procedures, such are set forth in Exhibit J. C. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data’s creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any transmittal errors detected within the 60-day acceptance period will be corrected by the party delivering the electronic files. D. When transferring documents in electronic media format, the transferring party makes no representations as to long-term compatibility, usability, or readability of such documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the documents’ creator. E. Owner may make and retain copies of Documents for information and reference in connection with use on the Project by Owner. Engineer grants Owner a limited license to use the Documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment for all services relating to preparation of the Documents and subject to the following limitations: (1) Owner acknowledges that such Documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; (2) any such use or reuse, or any modification of the Documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner’s sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and Consultants; (3) Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from any use, reuse, or modification of the Documents without written verification, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not create any rights in third parties. F. If Engineer at Owner’s request verifies the suitability of the Documents, completes them, or adapts them for extensions of the Project or for any other purpose, then Owner shall compensate Engineer at rates or in an amount to be agreed upon by Owner and Engineer. G. At completion of any survey services and upon payment of monies due the Engineer for those services, the Engineer shall provide the owner with all survey data and drawings, upon which it will become the property of the Owner. H. At completion of any traffic study services and upon payment of monies due the Engineer for those services, the Engineer shall provide the owner with all data and models, upon which it will become the property of the Owner. DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 2022.00343 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. 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 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. DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 2022.00343 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. 2. By Engineer: Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement if Engineer's performance has been substantially delayed through no fault of Engineer. B. Termination: The obligation to provide further services under this Agreement may be terminated: 1. For cause, a. By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. b. By Engineer: 1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer’s responsibilities as a licensed professional; or 2) upon seven days written notice if the Engineer’s services for the Project are delayed or suspended for more than 90 days for reasons beyond Engineer’s control. 3) Engineer shall have no liability to Owner on account of such termination. c. Notwithstanding the foregoing, this Agreement will not terminate under Paragraph 6.05.B.1.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt thereof; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. For convenience, a. By Owner effective upon Engineer’s receipt of notice from Owner. C. Effective Date of Termination: The terminating party under Paragraph 6.05.B may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to demobilize personnel and equipment from the Site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. D. Payments Upon Termination: DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 2022.00343 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. 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. 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. DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 2022.00343 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. 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 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 DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 2022.00343 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. employees from reasonable claims, costs, losses, and damages arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Engineer or Engineer’s officers, directors, members, partners, agents, employees, or Consultants. This indemnification provision is subject to and limited by the provisions, if any, agreed to by Owner and Engineer in Exhibit I, “Limitations of Liability." B. Indemnification by Owner: Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants as required by Laws and Regulations and to the extent (if any) required in Exhibit I, Limitations of Liability. C. Environmental Indemnification: To the fullest extent permitted by law, Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, and all court, arbitration, or other dispute resolution costs) caused by, arising out of, relating to, or resulting from a Constituent of Concern at, on, or under the Site, provided that (1) any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (2) nothing in this paragraph shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willful misconduct. D. Percentage Share of Negligence: To the fullest extent permitted by law, a party’s total liability to the other party and anyone claiming by, through, or under the other party for any cost, loss, or damages caused in part by the negligence of the party and in part by the negligence of the other party or any other negligent entity or individual, shall not exceed the percentage share that the party’s negligence bears to the total negligence of Owner, Engineer, and all other negligent entities and individuals. E. Mutual Waiver: To the fullest extent permitted by law, Owner and Engineer waive against each other, and the other’s employees, officers, directors, members, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project. 6.11 Miscellaneous Provisions A. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. B. Survival: All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. C. Severability: Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 2022.00343 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. 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 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. DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 2022.00343 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. §§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. 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. DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 2022.00343 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. 19. Petroleum – Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-hazardous waste and crude oils. 20. Project – The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 21. Radioactive Material – Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 22. Record Drawings – Drawings depicting the completed Project, prepared by Engineer as an Additional Service and based solely on Contractor's record copy of all Drawings, Specifications, addenda, change orders, work change directives, field orders, and written interpretations and clarifications, as delivered to Engineer and annotated by Contractor to show changes made during construction. 23. Reimbursable Expenses – The expenses incurred directly by Engineer in connection with the performing or furnishing of Basic and Additional Services for the Project. 24. Resident Project Representative – The authorized representative of Engineer assigned to assist Engineer at the Site during the Construction Phase. As used herein, the term Resident Project Representative or "RPR" includes any assistants or field staff of Resident Project Representative agreed to by Owner. The duties and responsibilities of the Resident Project Representative, if any, are as set forth in Exhibit D. 25. Samples – Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 26. Shop Drawings – All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 27. Site – Lands or areas to be indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 28. Specifications – That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 29. Subcontractor – An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 30. Substantial Completion – The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 2022.00343 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. Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof. 31. Supplier – A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 32. Total Project Costs – The sum of the Construction Cost, allowances for contingencies, and the total costs of services of Engineer or other design professionals and consultants, together with such other Project-related costs that Owner furnishes for inclusion, including but not limited to cost of land, rights-of-way, compensation for damages to properties, Owner’s costs for legal, accounting, insurance counseling and auditing services, interest and financing charges incurred in connection with the Project, and the cost of other services to be provided by others to Owner pursuant to Exhibit B of this Agreement. 33. Work – The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. ARTICLE 8 – EXHIBITS AND SPECIAL PROVISIONS 8.01 Exhibits Included: A. Exhibit A, Engineer’s Services. B. Exhibit B, Owner’s Responsibilities. C. Exhibit C, Payments to Engineer for Services and Reimbursable Expenses. D. Exhibit D, Duties, Responsibilities and Limitations of Authority of Resident Project Representative. E. Exhibit E, Notice of Acceptability of Work. F. Exhibit F, Construction Cost Limit. NOT INCLUDED G. Exhibit G, Insurance. H. Exhibit H, Dispute Resolution. NOT INCLUDED I. Exhibit I, Limitations of Liability. J. Exhibit J, Special Provisions. K. Exhibit K, Amendment to Owner-Engineer Agreement. NOT INCLUDED DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 2022.00343 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. 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: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 2022.00343 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: Cash E. Canfield, Chief Operating Officer By: Title: Joseph R. Molnar, Vice President By: Title: Jordan V. Gathers, Member By: Title: Gary A. Gilot, Member By: Title: Murray Miller, Member Attest: Title: Theresa Heffner, 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, Suite 200 Indianapolis, Indiana 46240 Designated Representative (Paragraph 8.03.A): Designated Representative (Paragraph 8.03.A): Kara M. Boyles, Ph.D., P.E. Robert S. Bray Title: City Engineer Title: Senior Project Manager, Architecture Phone Number: (574) 235-5933 Phone Number: (317) 547-5580 Facsimile Number: (574) 235-9171 Facsimile Number: (317) 543-0270 E-Mail Address:kboyles@southbendin.gov E-Mail Address:rbray@structurepoint.com DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 7/28/2022 August 9, 2022 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 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 in the attached proposal dated February 22, 2022, revised July 25, 2022. DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 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 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: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 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: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 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]. DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 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. This is EXHIBIT C, consisting of pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , . Payments to Engineer for Services and Reimbursable Expenses COMPENSATION PACKET BC-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 $71,180 based on the following estimated distribution of compensation: a.3D Laser Scanning & 3D Modeling $24,650 b.Project Management $5,065 c.User Group Meeting/Questionnaire for Programming and Space Planning Services $ 41,465 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. 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. B.Period of Service: The compensation amount stipulated in Compensation Packet BC-1 is conditioned on a period of service not exceeding 12 months. If such period of service is extended, the compensation amount for Engineer's services shall be appropriately adjusted. DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 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 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:$1,000,000 2)General Aggregate:$1,000,000 e.Automobile Liability --Combined Single Limit (Bodily Injury and Property Damage): Each Accident $1,000,000 f.Professional Liability – 1)Each Claim Made $5,000,000 2)Annual Aggregate $5,000,000 g.Other (specify):$________________ 2.By Owner: DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 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: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 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 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , . Limitations of Liability Paragraph 6.10 of the Agreement is supplemented to include the following agreement of the parties: A.Limitation of Engineer’s Liability 1.Engineer’s Liability Limited to Amount of Insurance Proceeds: Engineer shall procure and maintain insurance as required by and set forth in Exhibit G to this Agreement. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, the total liability, in the aggregate, of Engineer and Engineer’s officers, directors, members, partners, agents, employees, and Consultants to Owner and anyone claiming by, through, or under Owner for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from, or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, breach of contract, indemnity obligations, or warranty express or implied, of Engineer or Engineer’s officers, directors, members, partners, agents, employees, or Consultantss (hereafter “Owner’s Claims”), shall not exceed the total insurance proceeds paid on behalf of or to Engineer by Engineer’s insurers in settlement or satisfaction of Owner’s Claims under the terms and conditions of Engineer’s insurance policies applicable thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense, and appeal). If no 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: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 Page 1 (Exhibit J - Special Provisions) 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 J, consisting of pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , . Special Provisions Paragraph(s) of the Agreement is/are amended to include the following agreement(s) of the parties: DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 2019.02814 February 22, 2022 July 25, 2022 Mr. Jitin Kain, AICP Deputy Director – Department of Public Works City of South Bend 227 W. Jefferson Boulevard, Suite 1316 South Bend, Indiana 46601 Re: 3D Laser Scanning and Modeling services, Parking Assessment, and Space Planning Design Services 215 Doctor M.L.K. Jr. Boulevard, South Bend, Indiana 46601 Proposal No.: 2022.00343 Dear Jitin, Thank you for contacting American Structurepoint, Inc., for your upcoming project. We look forward to continuing our relationship and have prepared a thorough and comprehensive proposal for this project. We appreciate your confidence and trust in our abilities, and thank you for affording us the opportunity to submit the following proposal. PROJECT SCOPE We will provide architectural and engineering design services to prepare a property condition assessment (PCA) along with evaluation of the existing building systems (i.e. mechanical-HVAC) and general review of the existing spaces to facilitate space planning to accommodate the office needs of the City departments. There are multiple satellite offices in addition to the City County Building that could be relocated to this soon-to-be-acquired building (by the City from the Community School Board). This proposal and the attached scope of professional services include cost estimating services, HVAC systems analysis architecture, and interior design. It is our understanding this project will be phased, so our first phase is to evaluate the existing building with maintenance needs against proposed renovations to facilitate the space planning effort. Once budgeting and conceptual design/space planning are approved, the next phase would be proposed with appropriate schedule. SITE The project is located at 215 Dr. Martin Luther King Jr. Boulevard and operates as the administration building for the South Bend Community School Corporation. There are two existing elevated walkways that connect this building to another building and both have access to an adjacent parking garage. For the purposes of this proposal, we have omitted the assessment of the walkways and garage. We will evaluate parking needs to be housed in the garage for City staff and public access. DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 Mr. Jitin Kain February 22, 2022 July 25, 2022 Page 2 2022.00343 BUILDING The proposal is based on evaluating the 6-story, approximately 59,421 SF facility that is currently controlled/operated by the South Bend Community School Corporation (SBCSC) for use by the City of South Bend for their office needs. The concrete frame is assumed to be in good condition and the exterior was last renovated back in 2006 when the SBCSC acquired the facility. They City would like to see an architectural review of the exterior entryway along with façade maintenance needs. It is our understanding for the purpose of this proposal that: 1.American Structurepoint and Ross & Baruzzini will perform a site visit to perform a property condition assessment (PCA) with focus on existing HVAC equipment through the building. That information will be used to generate an opinion of probable costs for renovation work proposed (or required). Email from Jitin on Tuesday, March 1, 2022 indicated that the City of South Bend has engaged Terracon to perform these PCAs on this and other City-controlled facilities. We will review the PCA report when available (estimated by end of April). 2.PrecisionPoint will be engaged through American Structurepoint to provide 3D Laser Scanning and 3D Modeling services for the development of an existing conditions BIM (Building Information Model). Their proposal dated March 8, 2022 is attached as an exhibit for scope reference, but their fees are reflected further in this proposal. 3.American Structurepoint will perform user group meetings (or issue questionnaires) with various City Departments to generate an overall program document the effectively use for space planning (blocking diagrams to show which department could be located on existing floors). A third party cost model will be established to generally establish budgets for any proposed renovations to facility the space plan needs. The project scope includes the following phases for this project. 1.Building PCA and Evaluations 3D Laser Scanning and 3D Modeling Services (through PrecisionPoint) 2.User Group Meeting/Questionnaire for Programming 3.Space Planning (conceptual blocking diagrams) DESIGN SERVICES American Structurepoint will provide the professional services to complete the project as identified under the scope of professional services. We have assumed after completion and budgeting of this first phase of work, a subsequent proposal amendment can be submitted for the balance of the design services (i.e. Design Development, Construction Documents along with Bidding/Permitting and Construction Administration). PROJECT SCHEDULE A proposed detailed project schedule will be developed based on the City of South Bend review process along with timing of SBCSC’s relocation to another facility. Since this project will have several phases and submittals, the overall schedule may be impacted by the response time of the city and state agencies. Initial understanding is that SBCSC plans to move out by Fall end of 2022, so ideally CDs would be ready to bid and award prior to the end of 2022. That would allow renovation work to commence in early 2023 fall of 2022 as SBCSC moves out with that scope of work to be determined, but the City would envision being able to move into the space (likely phased per floor) at some point in 2023. DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 Mr. Jitin Kain February 22, 2022 July 25, 2022 Page 3 2022.00343 COMPENSATION The compensation amounts listed below are lump sum, unless noted otherwise, and will be invoiced monthly on a percent-complete basis. Future phases will be submitted in a subsequent proposal for approval and amendment to any contract established for this first phase. Fee Schedule – Basic Services Building PCA and Evaluations Property Condition Assessment (PCA) by American Structurepoint .......................................................... $8,000 Site Assessment for HVAC systems by Ross & Baruzzini ............................................................................. $3,000 Site Visit for Architectural & Interior Design by American Structurepoint ................................................. $3,500 Code Review & Analysis Services (3rd party allowance) .............................................................................. $2,500 Total fee for Building PCA & Evaluations .............................................................................................. $17,000 3D Laser Scanning & 3D Modeling Services (PrecisionPoint) Base-bid 3D Laser Scanning (Color) ............................................................................................................ $4,800 Base-bid 3D Model (LOD 300) ................................................................................................................... $19,850 Base-bid scopes combined ............................................................................................................ $24,650 Add alternates for optional services to be selected as needed ............................. see proposal exhibit attached Project Management (American Structurepoint) .................................................................................... $5,065 User Group Meeting/Questionnaire for Programming and Space Planning Services Code Consultant (third party allowance) .................................................................................................... $3,000 User Group Meetings (can be accommodated with questionnaires as requested) for Programming ...... $9,200 Space Planning Design Phase Services by American Structurepoint ........................................................ $20,985 Cost Modeling & Estimating Services (Moss Proposal Number 22222) ..................................................... $8,280 Total fee for A&E professional services (Conceptual Exhibits & Design) ................................................ $41,465 Total combined fees between 3D Scanning w/3D BIM & programming/space planning services ........... $71,180 REIMBURSABLE EXPENSES The following expenses will be considered reimbursable expenses and will be invoiced at their direct cost on the monthly invoices. 1.Reproduction services for plans and specifications other than for normal interdisciplinary coordination 2.Delivery services for drawings, copies, samples, specifications, etc., during all phases of the project 3.Expenses of travel, lodging, and meals. Mileage at the federal rate at the time of occurrence. 4.Expense of additional insurance coverage required in excess of that normally carried by the architect Reimbursable Expenses Allowance Initial Discovery & Design Phase (not to exceed without prior approval) ........................................... $2,820 Jitin, we thank you for this opportunity and look forward to working with you on this project. If the terms of this proposal are agreeable, we will prepare an agreement for approval. We will consider receipt of an executed agreement our notice to proceed. DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 Mr. Jitin Kain February 22, 2022 July 25, 2022 Page 4 2022.00343 If you have any questions about this proposal, please feel free to email me or contact us at (317) 547-5580. Very truly yours, American Structurepoint, Inc. Robert S. Bray, AIA, NCARB, LEED AP BD+C Cash E. Canfield, PE Senior Project Manager, Architecture Chief Operating Officer Commercial Practice Leader RSB/CEC:mma Attachments: Property Condition Assessment along w/ Design scope of professional services PrecisionPoint proposal dated March 8, 2022 Moss Proposal Number 22222 dated February 21, 2022 DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 1 2023.00343 PROPERTY CONDITION ASSESSMENT ALONG W/DESIGN SCOPE OF PROFESSIONAL SERVICES GENERAL We will provide the professional architectural and engineering services as listed below for the project. Property Condition Assessment (PCA) and Evaluations: This assessment will be prepared in accordance with the ASTM E2018 “Standard Guide for Property Condition Assessments: Baseline Property Condition Assessment Process” and is subject to the limitations and scope considerations contained within this standard. The scope of this assessment will be to develop a general property condition and identify major existing components. This is conducted through a review of obtained property documents and records, interviews of key personnel, and a single site visit consisting of a walk-through survey. The walk-through survey is a visual assessment to determine the existing condition of the following components: •Site Components •Architectural Components •Structural Systems •Roofing Systems •Limited Mechanical Systems (HVAC systems to be covered by R&B) •Electrical Systems •Plumbing Systems •Life Safety & Fire Protection Systems. An Opinion of Probable Costs will be provided for major repairs or replacements expected to exceed $1,000. These costs are intended to provide an order of magnitude only, and do not include any design or construction management fees, contingencies, or permit fees. This assessment will provide a review of regulatory compliance that consists of inquiries made to the local municipal building department and fire department in an effort to determine if there are any material code violations on file. An ADA Accessibility Screening, based on the 2010 Standards for Accessible Design, will also be performed as part of this assessment. At the conclusion of the project, a written report will be provided. This report will include comprehensive detailed descriptions and conditions of the property and the major components and systems along with deficiencies identified. The report will include general photographs of the property and photographs of all identified deficiencies. This report includes a list of our findings along with a 5-year opinion of probable cost schedule and a list of the anticipated remaining useful life for all major systems and components on the property. The report will also review of regulatory compliance that consists of inquiries in an effort to determine if there are any outstanding code violations on file. An ADA Accessibility Screening, based on the 2010 Standards for Accessible Design, will also be performed as part of this assessment with a summary of results included. Ross & Baruzzini will perform a site visit to walk through and assess existing HVAC systems throughout the building and prepare a report of their findings with any recommendations. DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 2 2023.00343 USER GROUP MEETING/QUESTIONNAIRE FOR PROGRAMMING AND SPACE PLANNING SERVICES A.User Group Meetings/Questionnaire for Programming 1.American Structurepoint will conduct approximately 1-2 hour meetings (up to 4 in a business day) with various city departments (i.e. user groups) that will be utilizing the proposed spaces for input and feedback. a.Questionnaires can be developed with the City if the desire is to have a larger group provide input and feedback (than a selected user group or final committee). 2.We will review each floor against projected occupancy load as well as utilize input and feedback from the user group meetings or questionnaires to develop and validate a comprehensive program for each City Department. B.Space Planning Services 1.American Structurepoint will utilize the information gathered from the user group meetings/questionnaires as well as the validated program to provide conceptual layouts (blocking diagrams) as well as potential phasing (per floor) to be renovated or utilized as-is to assist in forecasting transition plans for the City Departments. a.Space plans will include generic furniture as needed to help quantify the space, but general blocking diagrams will be color coded (per City Department) with square footage of net usable space or gross space required for department (based on estimated program). b.Typical existing workstations will be documented but furniture, fixture and equipment planning along with any move management will be accommodated in a future phase of design. 2.Limited site survey can be provided (assuming accurate electronic base files have not been received) to confirm spatial dimensions match design intent for uses. a.Future design phases will then model existing conditions with new proposed uses for 3D visualization of the space. For this initial phase, existing photos of City offices or precedent imagery will be utilized to establish design intent or level of finish/furnishings, etc. We shall have no responsibility for oversight or supervision of the contractors or their employees, for the means and methods of construction, or for the safety of persons on or off the job site. We shall have no responsibility to inspect for, or remove, hazardous materials. We will perform these services in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. American Structurepoint is not responsible for any fees related to permitting or utility services, including permit fees, application fees, tap fees, inspection fees, usage fees, interceptor fees, etc., unless specifically noted herein. If requested, American Structurepoint may prepare fee estimates based on the available information and our experience; however, the client acknowledges that these fees are estimates and the municipality or utility company will prepare the actual fees. The client will be responsible for all permitting and utility fees that may be required. C.CLIENT PROVIDED ITEMS 1.Existing base files for building (electronic) 3D Scanning and 3D Modeling by PrecisionPoint 2.Validation of program for departments D.SUPPLEMENTAL SERVICES Fees for the following professional services are not included in the fee for basic services, but may be required DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 3 2023.00343 as a result of unforeseen circumstances or at the request of the Owner during the design or construction process. These services will be provided only if authorized in writing by the Owner in advance. 1.Review of shop drawings and material selections submittals for architectural items designed by American Structurepoint 2.Attendance at monthly construction progress meetings at the site 3.Review of contractor payment applications for approval 4.Review of the final construction, determining whether the project is substantially complete, and filing the appropriate forms with the local building authorities to allow for occupancy of the premises 5.Preparation of a final punch list of unfinished or defective work and distribution to the Owner 6.Presentations for public hearings (American Structurepoint will provide support only, as we have assumed an attorney will handle any filings and presentations to the zoning board, town council, and/or plan commission.) 7.Specification manual 8.Furniture, furnishings, and equipment selection 9.Interior design services for the selection of colors and preparation of color boards 10.Preparation of color renderings or models 11.Filing for, acquisition of, and fees for obtaining a building permit, improvement location permit, or other governmental approvals, unless noted above 12.Traffic impact studies, traffic signal warrant analysis, traffic signal design 13.Design of hangers, supports, and bracing for mechanical, electrical, plumbing, and other non- structural components 14.Analysis of floor slabs or framing systems for temporary or construction loads such as lift trucks, vehicle loads, etc., other than defined in Basic Services 15.Design of floor slabs or framing systems for vibration resistance more stringent than for typical office occupancy 16.Design of pile-supported or other non-conventional foundation systems 17.Design for support of specialized medical equipment or high-density file storage 18.Preparation of shop or fabrication drawings 19.Design and detailing of off-site infrastructure improvements, including master planning, off-site stormwater facilities, water mains, sanitary sewers, storm sewer, electric, gas, and road improvements 20.Exterior and interior building signage 21.Easement or right-of-way descriptions, construction staking and layout, any additional topographic, route, or utility survey, boundary survey, ALTA survey, as-built surveys except as mentioned above, post-construction or record drawings, primary platting, setting concrete monuments, and private utility locate, construction staking or layout, right-of-way acquisitions 22.Irrigation plans, site lighting (photometric) plans, hardscape plans, tree preservation plan, retaining wall design, preliminary development plans, and water well design 23.Geotechnical materials testing or environmental reports/studies other than those specified above 24.Preparation of opinion of probable construction cost other than mentioned above DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 4 2023.00343 25.Annexation assistance or Development Standard Variance submittals to the Board of Zoning Appeals 26.Traffic impact study, traffic signal warrant analysis, or traffic signal design 27.Off-site infrastructure improvement plans or details (road, sewer, utility, or drainage), on-site or off- site drainage analysis or improvements, or modifications of the master drainage plan, if required by regulatory agencies or the owner 28.Phased construction plans, bidding assistance, or bidding services 29.Off-site utility main extension, storm sewer or sanitary sewer lift station design, or storm sewer profile 30.Determination of location or depth of utilities by means such as vacuum excavation or potholing 31.Major improvements to public roads, such as adding turning lanes and/or traffic control devices 32.Wetlands or “waters of the US” assessment, delineation, or mitigation design and submittal to US Army Corps of Engineers (Section 404) and IDEM (Section 401) 33.Construction in a Floodway Permit by IDNR, submittals to FEMA 34.Design changes after the start of construction drawings or services for change orders resulting from requests by the Owner 35.LEED® certification documentation services 36.Construction plans and associated permitting for individual lots 37.Construction inspection and observation 38.Review and design of alternate or substitute systems 39.Additional design meetings in excess of the quantity included in Basic Services 40.Additional site visits in excess of the quantity included in Basic Services 41.Services resulting from changes of scope or magnitude of the project as described above 42.Services resulting from changes made after the drawings are substantially complete 43.Services resulting from revisions that are inconsistent with approvals or instructions previously given by the Owner 44.Services resulting from corrections or revisions required because of errors or omissions in construction by the contractor DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 PROPOSAL Date: 03/08/22 Proposal revision 1 PPI Sales Rep: DT Prepared by: DT American Structurepoint ATTN: Rob Bray 9025 River Road Indianapolis, IN 46240 317-448-0288 rbray@structurepoint.com Project Name: S. Bend Community School Corporation – Administration Building Project Location: 215 S. Saint Joseph Street, S. Bend, IN Client Project No. /Ref PPI Project No.: P22033 Contract Type: Fixed Price PROJECT SUMMARY American Structurepoint (Client) has requested PrecisionPoint, Inc. (Consultant)to provide 3D Laser Scanning & 3D Modeling services for the development of an existing conditions BIM (Building Information Model) of the building located at 215 S. Saint Joseph Street, S. Bend, IN. The building has 6 floors to be documented. AREAS OF INTEREST (AOI) – Refer to Exhibit ‘A’. Areas to be Documented – See Exhibit ‘A’ 1st Floor – 6th Floor 59,421 SF Cross Corridors (Third Floor) Included Exterior Facades Included as Option Roof Included as Option Above Ceiling Plenum* Not in Scope Totals Total Scan Area 59,421 SF Total Façade Perimeter 485 LF DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 S. Bend Community School Corporation – S. Bend, IN Page 2 of 19 www.precisionpointinc.com _______ Initials *If above Ceiling is in scope, ceiling tile removal, replacement, and clean-up is sole responsibility of Client. PPI will direct client regarding ceiling tile removal. ITEMS OF INTEREST (IOI) – on site 3D data capture will be concentrated on documenting the visible basic architecture (A), and structural (S) systems needed to create an existing conditions base 3D model. LEVEL OF ACCURACY (LOA) – Per USIBD Standard Document C220 ver. 2.0 - 2016. Differing LOA will apply to all specified building systems as follows: LOA 30B-20B-rel (Refer to Exhibit ‘B’). Measured Accuracy Shall be performed to a LOA30 Represented Accuracy Shall be performed to a LOA30 LEVEL OF DEVELOPMENT (LOD) – Items of interest shall be documented to allow for the creation of an LOD300 model per AIA E202-2008. (Refer to Exhibit ‘C’) SCOPE OF WORK In performing the 3D laser scanning and/or building documentation services described in the Proposal (“Services”) consistent with that level of skill and care ordinarily furnished by providers of 3D laser scanning and building documentation services under the same or similar circumstances. PPI will determine, in its sole discretion, the means and methods for performing the Services. It is our understanding that the client will be using the deliverables as: Design Intent ☒ DESIGN INTENT – Deliverables will be shown as a best fit to the point cloud working within typical modeling standards. This includes modeling walls at 90 degree angles, perpendicular to the floor, ceilings and floors as flat horizontal planes, steel members assumed straight and typical configurations arrayed throughout the site. Piping, conduit and HVAC features will be modeled as straight and orthogonal objects. This is ideal for generating typical cleaner 2D drawings and allow for easier dimensioning of the scan area. However, scan data will not be followed to necessarily reflect “real world” conditions. The majority of clients utilize Design Intent. ☐ AS-BUILT – Deliverables will be shown as close to real world conditions as possible, limited only by field conditions and equipment specifications. This could include showing actual wall plumbness, path and sag of pipes or conduits, floor or ceiling flatness and camber or shifting of steel members. This option is not ideal for most design projects. Dimensioning will not be easy within most software. This option should be selected when “real world” conditions need to be captures as much as possible. Most clients who select this option are interested in forensic analysis, fabrication, detail of fittings and bolt hole patterns, deformation and similar purposes. DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 S. Bend Community School Corporation – S. Bend, IN Page 3 of 19 www.precisionpointinc.com _______ Initials RAPIDSCAN SPECIFICATIONS: On-Site Data Collection: PrecisionPoint will 3D Scan the Areas of Interest (AOI) with 1 RapidScan mobile mapping system. (See Figure #1). A 3D structured point cloud model of all Indoor rooms, and exterior buildings which are created by strobing the surfaces of the rooms with multiple integrated 3D Laser Scanners. • 360° Panorama pictures will be captured along with the point cloud from six high resolution cameras taken every 2 meters while walking RapidScan along the scanning route. • All rooms that are accessible with the RapidScan system. The most important criteria are the path width 32” x 78” of the doors between the rooms and areas. • Scanners cannot be used in hazardous substance environments Figure #1 – RapidScan DELIVERABLES Scope #1: Point Cloud Files: Point Cloud files will be delivered on a portable disc drive (or USB Flash Drive) at an additional charge or electronically via Dropbox § Autodesk ReCap (RCP file format) Scope #2: Building Information Model (BIM): The 3D BIM will be developed using Revit v.2022*. See detailed BIM specifications in Exhibit E. *NOTE: PPI is not responsible if BIM model is not backwards compatible with earlier software versions of Revit. DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 S. Bend Community School Corporation – S. Bend, IN Page 4 of 19 www.precisionpointinc.com _______ Initials SITE CONDITIONS: The building and site conditions must be satisfied by the (Client) to meet the project milestones. We are not responsible for cost overruns or schedule delays caused by ability to complete scope of work during scheduled data collections session caused by client’s failure to prepare the site. Any delays will be brought to Client’s attention and quoted. § Facility must be free of events at time of on-site data collection. § Access to facility during daytime hours. § Return trips to scan inaccessible rooms will be billed at standard PrecisionPoint rates. § Facility lighting must be left illuminated in all indoor areas of data collection. § On-site contact to resolve access issues. PROFESSIONAL FEES: PrecisionPoint will provide the services as detailed in the SCOPE of WORK for a FIXED FEE shown in the table below and per the Terms and Conditions listed below. Estimates are subject to change if project specifications are changed or costs for services change before a contract is executed. SCOPE #1: Base-Bid 3D Laser Scanning (Color) Floors 1-6 and Cross Corridors ~60,000 SqFt No Exterior/Roof $4,800.00 Subtotal Base 3D Scanning $4,800.00 Pricing includes professional fees, travel expenses, and scanning/survey technology equipment. SCOPE #2: Base-Bid 3D Model LOD300 3D Revit Model LOD300 $ 19,850.00 Subtotal Base 3D Model $ 19,850.00 Scope #1 + #2: 3D Scanning with 3D BIM $ 24,650.00 Add Alternate Optional Services Data Copied to and Delivered on Portable Hard Drive or USB $200.00 ☐ Yes ☐ No Exterior and Roof – scan only $1,400.00 ☐ Yes ☐ No Cintoo Viewer – 1-year subscription $1,265.00 ☐ Yes ☐ No DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 S. Bend Community School Corporation – S. Bend, IN Page 5 of 19 www.precisionpointinc.com _______ Initials SCHEDULE & LEADTIMES: 3D Laser Scanning: • Duration: 1-2 Days on-site BIM Model: • 4 Weeks following completion of point cloud compilation (The above lead-times are predicated upon unobstructed availability and free access to all portions of the facility within the allotted available times. Second visits to scan unavailable areas or equipment due to access restrictions stakeholders, the fieldwork can be performed within the aforesaid timeframes.) INVOICING • We will invoice 50% of the total project at time of project award. • 50% of payment will be due before release of final deliverables. • Approved additional services will be performed on an hourly basis per the professional rates listed below. • Payment is due in 30 days upon completion. DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 S. Bend Community School Corporation – S. Bend, IN Page 8 of 19 www.precisionpointinc.com _______ Initials APPENDIX EXHIBIT “A” – AREAS OF INTEREST (AOI) DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 S. Bend Community School Corporation – S. Bend, IN Page 9 of 19 www.precisionpointinc.com _______ Initials DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 S. Bend Community School Corporation – S. Bend, IN Page 10 of 19 www.precisionpointinc.com _______ Initials DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 S. Bend Community School Corporation – S. Bend, IN Page 11 of 19 www.precisionpointinc.com _______ Initials DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 S. Bend Community School Corporation – S. Bend, IN Page 12 of 19 www.precisionpointinc.com _______ Initials EXHIBIT “B” – USIBD STANDARD DOCUMENT C220 VER. 2.0 - 2016. DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 S. Bend Community School Corporation – S. Bend, IN Page 13 of 19 www.precisionpointinc.com _______ Initials EXHIBIT “C” – AIA LOD DEFINITIONS LOD 100: The Model Element may be graphically represented in the Model with a symbol or other generic representation, but does not satisfy the requirements for LOD 200. Information related to the Model Element (i.e. cost per square foot, tonnage of HVAC, etc.) can be derived from other Model Elements. BIMForum Interpretation: LOD 100 elements are not geometric representations. Examples are information attached to other model elements or symbols showing the existence of a component but not its shape, size, or precise location. Any information derived from LOD 100 elements must be considered approximate. LOD 200: The Model Element is graphically represented within the Model as a generic system, object, or assembly with approximate quantities, size, shape, location, and orientation. Non- graphic information may also be attached to the Model Element. BIMForum interpretation: At this LOD elements are generic placeholders. They may be recognizable as the components they represent, or they may be volumes for space reservation. Any information derived from LOD 200 elements must be considered approximate. LOD 300: The Model Element is graphically represented within the Model as a specific system, object or assembly in terms of quantity, size, shape, location, and orientation. Non-graphic information may also be attached to the Model Element. BIMForum interpretation: The quantity, size, shape, location, and orientation of the element as designed can be measured directly from the model without referring to non-modeled information such as notes or dimension callouts. LOD 350: The Model Element is graphically represented within the Model as a specific system, object, or assembly in terms of quantity, size, shape, location, orientation, and interfaces with other building systems. Non-graphic information may also be attached to the Model Element. BIMForum interpretation: Parts necessary for coordination of the element with nearby or attached elements are modeled. These parts will include such items as supports and connections. The quantity, size, shape, location, and orientation of the element as designed can be measured directly from the model without referring to non-modeled information such as notes or dimension callouts. LOD 400: The Model Element is graphically represented within the Model as a specific system, object or assembly in terms of size, shape, location, quantity, and orientation with detailing, fabrication, assembly, and installation information. Non-graphic information may also be attached to the Model Element. DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 S. Bend Community School Corporation – S. Bend, IN Page 14 of 19 www.precisionpointinc.com _______ Initials BIMForum interpretation: An LOD 400 element is modeled at sufficient detail and accuracy for fabrication of the represented component. The quantity, size, shape, location, and orientation of the element as designed can be measured directly from the model without referring to non-modeled information such as notes or dimension callouts. DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 S. Bend Community School Corporation – S. Bend, IN Page 15 of 19 www.precisionpointinc.com _______ Initials EXHIBIT “E” – BIM SPECIFICATIONS A SUBSTRUCTURE LOD A10 Foundations 300 A1010 Standard Foundations 300 A1020 Special Foundations 300 A20 Subgrade Enclosures 300 A2010 Walls for Subgrade Enclosures 300 A40 Slabs-on-Grade 300 A4010 Standard Slabs on Grade 300 A4020 Structural Slabs on Grade 300 B SHELL LOD B10 Superstructure 300 B1010 Floor Construction 300 B1020 Roof Construction 300 B1080 Stairs 300 B20 Exterior Vertical Enclosures 300 B2010 Exterior Walls 300 B2020 Exterior Windows 300 B2050 Exterior Doors and Grilles 300 B2070 Exterior Louvers and Vents 300 B2080 Exterior Walls and Appurtenances 300 B2090 Exterior Walls Specialties 300 B30 Exterior Horizontal Enclosures 300 B3010 Roofing 300 B3020 Roof Appurtenances 300 B3040 Traffic Bearing Horizontal Enclosures 300 B3060 Horizontal Openings 300 B3080 Overhead Exterior Enclosures 300 C INTERIORS LOD C10 Interior Construction 300 C1010 Interior Partitions 300 C1020 Interior Windows 300 C1030 Interior Doors 300 C1040 Interior Grilles and Gates 300 C1060 Raised Floor Construction 300 DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 S. Bend Community School Corporation – S. Bend, IN Page 16 of 19 www.precisionpointinc.com _______ Initials C1070 Suspended Ceiling Construction 300 C1090 Interior Specialties 300 C20 Interior Finishes 300 C2010 Wall Finishes 300 C2020 Interior Fabrications 300 C2030 Flooring 300 C2040 Stair Finishes 300 C2050 Ceiling Finishes 300 D SERVICES LOD D10 Conveying 300 D1010 Vertical Conveying Systems 300 D1030 Horizontal Conveying 300 D1050 Material Handling 300 D1080 Operable Access Systems 300 D20 Plumbing NAand above 300 D2010 Domestic Water Distribution 300 D2020 Sanitary Drainage 300 D2030 Building Support Plumbing Systems 300 D2050 General Service Compressed-Air 300 D2060 Process Support Plumbing Systems 300 D30 HVAC 300 D3010 Facility Fuel Systems 300 D3020 Heating Systems 300 D3030 Cooling Systems 300 D3050 Facility HVAC Distribution Systems 300 D3060 Ventilation 300 D3070 Special Purpose HVAC Systems 300 D40 Fire Protection NAand above 300 D4010 Fire Suppression 300 D4030 Fire Protection Specialties 300 D50 Electrical NAand above 300 D5010 Facility Power Generation 300 D5020 Electrical Panels 300 D5030 General Purpose Electrical Power 300 D5040 Lighting 300 D5080 Electrical Trays 300 D60 Communications No D6010 Data Communications No D6020 Voice Communications No DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 S. Bend Community School Corporation – S. Bend, IN Page 17 of 19 www.precisionpointinc.com _______ Initials D6030 Audio-Video Communication No D6060 Distributed Communications and Monitoring No D6090 Communications Supplementary Components No D70 Electronic Safety and Security No D7010 Access Control and Intrusion Detection No D7030 Electronic Surveillance No D7050 Detection and Alarm No D7070 Electronic Monitoring and Control No D7090 Electronic Safet and Security Supplementary Components No D80 Integrated Automation No D8010 Integrated Automation Facility Controls No E EQUIPMENT LOD E10 Equipment No E1010 Vehicle and Pedestrian Equipment No E1030 Commercial Equipment No E1040 Institutional Equipment No E1060 Residential Equipment No E1070 Entertainment and Recreational Equipment No E1090 Other Equipment No E20 Furnishings No E2010 Fixed Furnishings No E2050 Movable Furnishings No F SPECIAL CONSTRUCTION & DEMOLITION LOD F10 Special Construction 300 F1010 Integrated Construction 300 F1020 Special Structures 300 F1030 Special Function Construction 300 F1050 Special Facility Components 300 F1060 Athletic and Recreational Special Construction 300 F1080 Special Instrumentation 300 DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 S. Bend Community School Corporation – S. Bend, IN Page 18 of 19 www.precisionpointinc.com _______ Initials F20 Facility Remediation No F2010 Hazardous Materials Remediation No F30 Demolition No F3010 Structure Demolition No F3030 Selective Demolition No F3050 Structure Moving No G BUILDING SITEWORK LOD G10 Site Preparation No G1010 Site Clearing No G1020 Site Elements Demolition No G1030 Site Element Relocations No G1050 Site Remediation No G1070 Site Earthwork No G20 Site Improvements No G2010 Roadways No G2020 Parking Lots No G2030 Pedestrian Plazas and Walkways No G2040 Airfields No G2050 Athletic, Recreational, and Playfield Areas No G2060 Site Development No G2080 Landscaping No G30 Liquid and Gas Site Utilities No G3010 Water Utilities No G3020 Sanitary Sewage Utilities No G3030 Strom Drainage Utilities No G3050 Site Energy Distribution No G3060 Site Fuel Distribution No G3090 Liquid and Gas Site Utilizes Supplementary Components No G40 Electrical Site Improvements No G4010 Site Electrical Distribution Systems No G4050 Site Lighting No G50 Site Communications No G5010 Site Communications Systems No G90 Miscellaneous Site Construction No DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 S. Bend Community School Corporation – S. Bend, IN Page 19 of 19 www.precisionpointinc.com _______ Initials G9010 Tunnels No DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 Proposal 22222 1 of 3 Proposal Number 22222 February 21, 2022 City of South Bend Administration Offices Client: Structurepoint, Inc. Indianapolis, IN 46240 1. Project understanding and assumptions: Client is to provide design services for the above project(s). MossCost shall provide cost estimating services in support of this effort as particularly described in item 2 below. The project comprises the renovation of approximately 60,00SF 6-story building including HVAC updates and elevator replacement. 2. Schedule of Deliverables 2.1 Provide the estimates/cost models at the following stages: a. Cost Model – schedule TBD 2.2 Meeting attendance and site visits: Attend the following meetings/charettes/workshops: a. Kick off meeting/site walkthrough– One (1) half day meeting in South Bend (1 total) b. Cost/scope review meetings – One (1) WebEx or telecon c. Reconciliation – Excluded 3. Project Expectations Work to be performed at MossCost premises except meetings and/or site visits identified in 2.2 above. For each phase, estimates are to be developed as single deliverables and not piecemeal. Schedule for delivery to be determined and mutually agreed. Client shall provide electronic versions (PDF & excel preferred, CAD, REVIT as appropriate) of all design materials necessary to communicate the design intent including but not limited to sketches/drawings/narratives/programmatic data/specifications/project manuals. These shall be provided as a single estimating package. If deemed necessary by MossCost, a hard copy half size set of all drawings shall be provided upon request. Should MossCost be required to print/plot drawings and manuals, printing costs shall be charged at cost plus 15%. Additional time shall be added to the delivery date of estimate(s) in this case. Deliverables will be provided in electronic (PDF) format, by email and, if applicable, posted to project FTP site. Hard copies will be provided if requested. In such case, printing and courier services will be charged at cost plus 15%. Reconciliation with Owner or 3rd party estimate is not anticipated. DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 Proposal 22222 2 of 3 4. Fee & Schedule of Rates 4.1 Proposed fee & estimated reimbursables for items listed in schedule of deliverables: Item Fee Cost Model $6,400 SD Estimate EXCL DD Estimate EXCL Kickoff Meeting/walkthrough per 2.2 a $800 Review Meeting per 2.2b INCL Reconciliation with CM/third party per 2.2c EXCL Total Fee $7,200 Estimated reimbursables not included in above total $150 4.2 Schedule of rates for ad hoc cost estimating services not included in base fee: Grade FY 22 Principal $200.00/Hr. Senior/Lead Estimator $136.50/Hr. Estimator $105.00/Hr. Assistant Estimator $52.50/Hr. 4.3 Travel shall be reimbursed at the following rates: Mileage Prevailing IRS rate Per Diem Prevailing IRS rate Air Fares/Lodging/Other Travel At cost 5. Exclusions: Attendance at planning workshops/charettes Attendance at client presentations Attendance at design committee meetings or workshops Full time staff placement at Client/project offices Estimates of Owner administration and project management costs Estimates of non-construction items, for example furniture Estimates of land/property acquisition/relocation/swing space Estimating services/stage estimates other than those identified in schedule of deliverables Ongoing cost control Estimation of asbestos abatement &/or environmental/hazmat remediation. Value engineering & estimating scope reductions, if required Bid analysis and support Cost estimating support during construction DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 Proposal 22222 3 of 3 Provision of life cycle cost data and analysis LEED calculations, documentation and/or review, if applicable Travel and other related expenses (charged per 4.3 above) Printing, plotting, courier services (if required, charged at cost plus 15%) 6. Terms: Payment due on invoice, billed monthly based upon progress/hours expended and expenses incurred 7. Purpose and use of estimate: The intent of any estimate or study prepared pursuant to this agreement is to reflect fair market value for the construction of this project. It is not a prediction of lowest, or any, bid. It is an opinion of probable cost intended as a tool for cost control during the design process. MossCost can not and does not guarantee that bids, proposals or actual construction costs will not vary from any such estimate or study. 7. Sufficiency of design and funding: Moss Construction Cost Management Inc has no control over the quality, completeness, intricacy, constructability, or coordination of design documents, or over the amount of funds available for this project. Therefore, Moss Construction Cost Management Inc is not responsible for design revision costs in the event that the estimate is in excess of the established budget. 8. Remedies: The sole and exclusive remedy for estimator errors and/or omissions shall be (a) for estimator to correct errors and/or omissions without additional compensation from Client or (b) for Client to have errors and/or omissions corrected by other suitably qualified personnel at estimator’s expense. 9. Insurance: Fee is based upon MossCost standard insurances. Should Client request any change in policy limits, terms or requires adding as a named insured, and provided such can be procured, Client will reimburse MossCost for the cost of said additional insurance, plus a 15% administrative fee. 10. Use of Images & project data: MossCost reserves the right to use descriptions and images of the project for marketing purposes only. Such uses will include the copyright notice/source as appropriate. 11. Validity: Unless otherwise agreed in writing, this proposal is open to acceptance for sixty days from the date of issue. Rates, fees and prices herein are valid for work executed up to and including December 31, 2022. Work performed after this date will be subject to inflationary adjustment at a rate of 3% escalation per annum for subsequent years. 12. Agreement: MossCost offer to provide the proposed services in accordance with the terms and conditions herein. Jonathan Moss, President DocuSign Envelope ID: AD573822-6EB6-43FA-9F1F-743C8A6D3FB4 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 08/01/2022 Name Jitin Kain Department: PW BPW Date 08/09/2022 Phone Extension 5835 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney X Attorney Name Clara McDaniels Dept. Attorney Attorney Name 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 America Structurepoint, Inc. New Vendor Yes If Yes, Approved by Purchasing X No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Administrative Building Space Planning Project Number Funding Source 408-04-040-040-443001 Account No. Amount Terms of Contract Purpose/Description Space planning services for the SBCSC Administrative Building to convert into new City Hall. 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: