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HomeMy WebLinkAboutAmendment No 1 to PSA - Major Additions Morris Performing Arts Center – RATIO Architects, LLC1316 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 April 11, 2023 Mr. William A. Browne, Jr. RATIO Architects, LLC 101 South Pennsylvania St. Indianapolis, IN 46204 wbrowne&ratiodesi ng com RE: Amendment No. 1 to Professional Services Agreement Dear Mr. Browne: At its April 11, 2023 meeting, the Board of Public Works approved the above referenced amendment for design services for major additions at Morris Performing Arts Center in the amount of $470,950 with a new adjusted total of $1,140,950. Enclosed please find a copy of the amendment for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER This is EXHIBIT K, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated Dec. 21, 2021. AMENDMENT TO OWNER -ENGINEER AGREEMENT Amendment No. _1 1. Background Data: a. Effective Date of Owner -Engineer Agreement: b. Owner: Board of Public Works, City of South Bend, Indiana C. Architect: RATIO Architects. LLC d. Project: Morris Performing Arts Center Expansion, Parking Garage, and Plaza Improvements "Project" 2. Description of Modifications: a. The Scope of Services currently authorized to be performed by the Architect in accordance with the Agreement and previous amendments, if any, is modified as follows: The Project Scope is revised after the Preliminary Design Phase Opinions of Probable Construction Cost exceeded the Total Project Cost. The Project Scope deletes the Parking Garage and adds a revised layout and minimal site improvements to the existing Parking Lot adjacent to the Morris Performing Arts Center. The Architect is to provide Final Design Phase Services (A1.03). C. For the Additional Services or the modifications to services set forth above, Owner shall pay Architect the following additional or modified compensation: Final Design Phase Adjusted Amount of. $470,950.00 e. The schedule for rendering services is modified as follows: Final Design Phase is anticipated to be completed May 2023. 3. Agreement Summary (Reference only) a. Original Agreement amount (Final Design Phase): $ 670,000.00 b. Net change for prior amendments: $ + 0- c. This amendment amount: $ (+) 470,950.00 d. Adjusted Agreement amount: $! 1,140,950.00 Page 1 (Exhibit K — (Amendment to Owner -Engineer Agreement) — Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement, including those set forth in Exhibit C. Owner and Engineer hereby agree to modify the above -referenced Agreement as set forth in this Amendment. All provisions of the Agreement not modified by this or previous Amendments remain in effect. The Effective Date of this Amendment is 04/11/2023 OWNER: ARCHITECT: CITY OF SOUTH BEND, INDIANA y� BOARD OF PUBLIC WORKS U �77t Elizabeth A. Maradik, President Joseph R. Molnar, Vice President By: William A. Browne, Jr. FAIA Gary A. Gilot, Member Jordan V. Gathers, Member Title: Principal/CEO Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk Date Signed: March 30, 2023 Date: April 11, 2023 Page 2 (Exhibit K — (Amendment to Owner -Engineer Agreement) — Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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 December 21, 2021 Mr. William A. Browne, Jr. RATIO Architects, LLC 101 South Pennsylvania St. Indianapolis, IN 46204 wbrowne&ratiodesi ng com RE: Professional Services Agreement Dear Mr. Browne: At its December 21, 2021 meeting, the Board of Public Works approved the above referenced agreement for preliminary design services at Morris Performing Arts Center Expansion in the amount of $670,000. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235-9251. Sincerely, Al Laura Hensley/Acting Clerk Enclosures ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR MURRAY L. MILLER This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Laws and Regulations. AGREEMENT BETWEEN OWNER AND ARCHITECT FOR PROFESSIONAL SERVICES Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by ACEC AMERICAN COUNCIL OF ENGINEERING COMRANIES ASCEAmerican Society of Civil Engineers AGC of America (viftfg, TFIE r55pClnT€D CFraER:u_ €f:iMTRu_T4Ri OF �,tiIfRu_A Quality Pe"lr. Quality Projedf, National Society of Professional Engineers Professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSML ENGINEERS 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. This Agreement has been prepared for use with the Standard General Conditions of the Construction Contract (EJCDC C-700, 2007 Edition). Their provisions are interrelated, and a change in one may necessitate a change in the other. For guidance on the completion and use of this Agreement, see EJCDC User's Guide to the Owner -Engineer Agreement, EJCDC E-001, 2009 Edition. Copyright © 2008 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.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.aspe.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. 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. TABLE OF CONTENTS Page ARTICLE 1 — SERVICES OF ARCHITECT.................................................................................................. 1 1.01 Scope.............................................................................................................................................I 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 ARTICLE5 — 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........................................................................................................................ 9 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.........................................................................................................................15 8.03 Designated Representatives........................................................................................................16 8.04 Architect's Certifications............................................................................................................16 ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE AGREEMENT BETWEEN OWNER AND ARCHITECT FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of Dec. 21 , 2021 ("Effective Date") between Board of Public Works, City of South Bend, Indiana ("Owner") and RATIO Architects, LLC ("Architect"). Owner's Project, of which Architect's services under this Agreement are a part, is generally identified as follows: Morris Performing Arts Center Expansion, Parking Garage, and Plaza Improvements "Project" Owner and Architect further agree as follows: ARTICLE 1— SERVICES OF ARCHITECT 1.01 Scope A. Architect 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 Architect as set forth in Exhibit C. C. Owner shall be responsible for, and Architect may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by Owner to Architect pursuant to this Agreement. Architect may use such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement. Page 1 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright C 2008 National Society of Professional Engineers for EJCDC. All rights reserved. ARTICLE 3 — SCHEDULE FOR RENDERING SERVICES 3.01 Commencement A. Architect is authorized to begin rendering services as of the Effective Date. 3.02 Time for Completion A. Architect 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 Architect, such periods of time or dates are changed, or the orderly and continuous progress of Architect's services is impaired, or Architect's services are delayed or suspended, then the time for completion of Architect's services, and the rates and amounts of Architect'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 Architect's services, and the rates and amounts of Architect'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 Architect's performance of its services. E. If Architect 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: Architect shall prepare invoices in accordance with its standard invoicing practices and the terms of Exhibit C. Architect 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 Architect and then to principal. B. Failure to Pay: If Owner fails to make any payment due Architect for services and expenses within 30 days after receipt of Architect's invoice, then: ameurAs due A,.^Meet will two rer-eased at mate —of 1.01%per- month ( the rn rate ef interest permitted by law, if less) ffem said thiAieth day; an 2. Architect 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, 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. expenses, and other related charges. Owner waives any and all claims against Architect for any such suspension. C. Disputed Invoices: If Owner contests an invoice, Owner shall promptly advise Architect 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 Architect's services or compensation under this Agreement, then the Architect 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 Architect for the cost of such invoiced new taxes, fees, and charges; such reimbursement shall be in addition to the compensation to which Architect is entitled under the terms of Exhibit C. ARTICLE 5 — OPINIONS OF COST 5.01 Opinions of Probable Construction Cost A. Architect's opinions of probable Construction Cost are to be made on the basis of Architect's experience and qualifications and represent Architect's best judgment as an experienced and qualified professional generally familiar with the construction industry. However, because Architect 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, Architect cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by Architect. 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. , limit and a statement of Ar-ehiteet's rights and responsibilities with r-espeet ther-ete will be speeiff^"I�et foAh in E344* F, "GonstmetienCost Limit," to this it," Agreement. �� .�� � 5.03 Opinions of Total Project Costs A. The services, if any, of Architect with respect to Total Project Costs shall be limited to assisting the Owner in collating the various cost categories which comprise Total Project Costs. Architect 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 architectural and related services performed or furnished by Architect under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Architect makes no warranties, express or implied, under this Agreement or otherwise, in connection with Architect's services. Page 3 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright C 2008 National Society of Professional Engineers for EJCDC. All rights reserved. B. Technical Accuracy: Owner shall not be responsible for discovering deficiencies in the technical accuracy of Architect's services. Architect shall correct deficiencies in technical accuracy without additional compensation unless such corrective action is directly attributable to deficiencies in Owner -furnished information. C. Consultants: Architect may employ such Consultants as Architect deems necessary to assist in the performance or furnishing of the services, subject to reasonable, timely, and substantive objections by Owner. D. Reliance on Others: Subject to the standard of care set forth in Paragraph 6.0l.A, Architect 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. Architect and Owner shall comply with applicable Laws and regulations. 2. Prior to the Effective Date, Owner provided to Architect in writing any and all policies and procedures of Owner applicable to Architect's performance of services under this Agreement. provided to Architect in writing. Architect shall comply with such policies and procedures, subject to the standard of care set forth in Paragraph 6.0l.A, and to the extent compliance is not inconsistent with professional practice requirements. 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 Architect's scope of services, times of performance, or compensation. F. Architect shall not be required to sign any documents, no matter by whom requested, that would result in the Architect having to certify, guarantee, or warrant the existence of conditions whose existence the Architect cannot ascertain. Owner agrees not to make resolution of any dispute with the Architect or payment of any amount due to the Architect in any way contingent upon the Architect 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. Architect shall not at any time supervise, direct, control, or have authority over any contractor work, nor shall Architect have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Site, nor for any failure of a contractor to comply with Laws and Regulations applicable to such contractor's furnishing and performing of its work. 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. I. Architect 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. I Architect 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. Architect shall not be responsible for the acts or omissions of any Contractor, Subcontractor, or Supplier, or of any of their agents or employees or of any other persons (except Architect'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 Architect. L. While at the Site, Architect's employees and representatives shall comply with the specific applicable requirements of Contractor's and Owner's safety programs of which Architect has been informed in writing. 6.02 Design Without Construction Phase Services A. Architect shall be responsible only for those Construction Phase services expressly required of Architect in Exhibit A, Paragraph A1.05. With the exception of such expressly required services, Architect 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 architectural and professional services. Owner waives all claims against the Architect that may be connected in any way to Construction Phase architectural or professional services except for those services that are expressly required of Architect in Exhibit A, Paragraph A1.05. 6.03 Use of Documents A. The Owner acknowledges the Architect'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 Architect. The Owner shall not reuse or make any modification to the construction documents without the prior written authorization of the Architect.All oetifflents are ins4umeats of serviee in r-espeet to this Pfejeet, and Ar-ehiteet shall retain an ownership and pr-opefty interest ther-ein (ineluding the eopyr-ight and the r4ght of reuse at the diser-etion of the Ar-ehiteeo whether- or- net the Pr-ejeet is eempleted. Owner shall not rely in any way on any Document unless it is in printed form, signed or sealed by the Architect or one of its Consultants. B. Either party to this Agreement may rely that data or information set forth on paper (also known as hard copies) that the party receives from the other party by mail, hand delivery, or facsimile, are the items that the other party intended to send. Files in electronic media format of text, data, graphics, or other types that are furnished by one party to the other are furnished only for convenience, not reliance by the receiving party. Any conclusion or information obtained or 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. 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 p i4:os agree to e 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 parry 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. Architect 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 Architect of full payment for all services relating to preparation of the Documents and subject to the following limitations: (1) Owner acknowledges that such Documents are not intended or represented to be suitable for use on the Project unless completed by Architect, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Architect; (2) any such use or reuse, or any modification of the Documents, without written verification, completion, or adaptation by Architect, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Architect or to its officers, directors, members, partners, agents, employees, and Consultants; (3) Owner shall indemnify and hold harmless Architect and its officers, directors, members, partners, agents, employees, and Consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification of the Documents without written verification, completion, or adaptation by Architect; and (4) such limited license to Owner shall not create any rights in third parties. F. If Architect 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 Architect at rates or in an amount to be agreed upon by Owner and Architect. G. At completion of any survey services and upon payment of monies due the Architect for those services, the Architect 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 Architect for those services, the Architect shall provide the owner with all data and models, upon which it will become the property of the Owner. L At completion of any geotechnical or material investigation services and upon payment of monies due the Architect for those services, the Architect shall provide the owner with all data, upon which it will become the property of the Owner. Page 6 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright C 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6.04 Insurance A. Architect shall procure and maintain insurance as set forth in Exhibit G, "Insurance." Architect shall cause Owner to be listed as an additional insured on any applicable general liability insurance policy carried by Architect. B. Owner shall procure and maintain insurance as set forth in Exhibit G, "Insurance." Owner sha eatise Ar-ehiteet and its Consultants to be listed as additional insufeds on any general liabilit� appheable to the Pr-qjeet. 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 A,-ehiteeinterests in the Project. additional insufeds with r-espeet to sueh liability and other- inswmee pufehased and maintained b r,.n,,..,, ter- for- the Pr-ojeet D. O Architect shall eae4rdeliver to the Owner other- certificates of insurance evidencing the coverages indicated in Exhibit G. Such certificates shall be furnished prior to commencement of Architect's services and at renewals thereafter during the life of the Agreement. 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 ^ r-ehitee4 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 Architect 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, Architect 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 Architect. 2. By Architect: Architect may, after giving seven days written notice to Owner, suspend services under this Agreement if Architect's performance has been substantially delayed through no fault of Architect. 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. 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 Architect: 1) upon seven days written notice if Owner demands that Architect furnish or perform services contrary to Architect's responsibilities as a licensed professional; or 2) upon seven days written notice if the Architect's services for the Project are delayed or suspended for more than 90 days for reasons beyond Architect's control. 3) Architect shall have no liability to Owner on account of such termination. C. Notwithstanding the foregoing, this Agreement will not terminate under Paragraph 6.05.13. La 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 Architect's receipt of notice from Owner. C. Effective Date of Termination: The terminating party under Paragraph 6.05.13 may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Architect to demobilize personnel and equipment from the Site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. D. Payments Upon Termination: 1. In the event of any termination under Paragraph 6.05, Architect 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. 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. In the event of termination by Owner for convenience or by Architect for cause, Architect 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 Architect'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 Architect are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Architect (and to the extent permitted by Paragraph 6.07.13 the assigns of Owner and Architect) are hereby bound to the other party to this Agreement and to the successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Architect may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise in this Agreement: Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Architect 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 Architect and not for the benefit of any other party. 3. Owner agrees that the substance of the provisions of this Paragraph 6.07.0 shall appear in the Contract Documents. 6.08 Dispute Resolution r�r�sseesrr.�Tserrrre.�,eTr.*�E�s:�se!r:�WN, B. , then either- of both may :,,. oke the pr-eeedufes of E4iibit a 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. Page 9 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright C 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6.09 Environmental Condition of Site A. Owner has disclosed to Architect 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 Architect that to the best of its knowledge no Constituents of Concern, other than those disclosed in writing to Architect, exist at the Site. C. If Architect encounters or learns of an undisclosed Constituent of Concern at the Site, then Architect shall notify (1) Owner and (2) appropriate governmental officials if Architect reasonably concludes that doing so is required by applicable Laws or Regulations. D. It is acknowledged by both parties that Architect's scope of services does not include any services related to Constituents of Concern. If Architect 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 Architect 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 Architect's services under this Agreement, then the Architect 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 Architect is performing professional services for Owner and that Architect 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 Architect's activities under this Agreement. 6.10 Indemnification and Mutual Waiver A. Indemnification by Architect: To the fullest extent permitted by law, Architect shall indemnify and hold harmless Owner, and Owner's officers, directors, members, partners, agents, consultants, and employees from reasonable claims, costs, losses, and damages arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Architect or Architect'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 Architect in Exhibit I, "Limitations of Liability." 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. B. Indemnification by Owner: Owner shall indemnify and hold harmless Architect 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 Architect 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 architects, engineers, 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, Architect, and all other negligent entities and individuals. E. Mutual Waiver: To the fullest extent permitted by law, Owner and Architect waive against each other, and the other's employees, officers, directors, members, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project. 6.11 Miscellaneous Provisions A. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. B. Survival: All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. C. Severability: Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Architect, 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. 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. 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: Additional Services — The services to be performed for or furnished to Owner by Architect in accordance with Part 2 of Exhibit A of this Agreement. 2. Agreement — This written contract for professional services between Owner and Architect, 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 Architect 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 Architect. Construction Cost does not include costs of services of Architect 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. §§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. 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. 8. Consultants — Individuals or entities having a contract with Architect to furnish services with respect to this Project as Architect'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 Architect to Owner pursuant to this Agreement. 12. Drawings — That part of the Contract Documents prepared or approved by Architct 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. Architect — 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 Architect has entered into this Agreement and for which the Architect's services are to be performed. Unless indicated otherwise, this is the same individual or entity that will enter into any Construction Contracts concerning the Project. 18. PCBs — Polychlorinated biphenyls. 19. Petroleum — Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -hazardous waste and crude oils. 20. Project — The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 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. 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 Architect 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 Architect and annotated by Contractor to show changes made during construction. 23. Reimbursable Expenses — The expenses incurred directly by Architect in connection with the performing or furnishing of Basic and Additional Services for the Project. 24. Resident Project Representative — The authorized representative of Architct assigned to assist Architect 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 Architect, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 31. Supplier — A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 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. 32. Total Project Costs — The sum of the Construction Cost, allowances for contingencies, and the total costs of services of Architect 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, Architect's Services. B. Exhibit B, Owner's Responsibilities. C. Exhibit C, Payments to Architect for Services and Reimbursable Expenses. D. Exhibit D, DtAies, Repfesentati NOT INCLUDED E. Exhibit E, Notice of Acceptability of Work. F. EAiibit F, GenstmetioH Cost hi NOT INCLUDED G. Exhibit G, Insurance. u Exhibit a Dispute Resolution. NOT INCLUDED I. Exhibit I, Limitations of Liability. J. Exhibit J, Special Provisions. NOT INCLUDED 8.02 Total Agreement: A. This Agreement, (together with the exhibits identified above) constitutes the entire agreement between Owner and Architect 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. 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. 8.03 Designated Representatives: A. With the execution of this Agreement, Architect and Owner shall designate specific individuals to act as Architect's and Owner's representatives with respect to the services to be performed or furnished by Architect 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 Architect's Certifications: A. Architect 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. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner: City of South Bend, Indiana Board of Public Works CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS -tea Elizabeth A. Maradik, President 49�� 610a--k Gary A. Gilot, Member 4�1-P1 Joseph R. Molnar, Member Jordan V. Gathers, Member qy�,y .4 Murray L. Miller, Member 0�, Attest: Clerk Date: December 21, 2021 Architect: RATIO Architects, LLC Title: William A. Browne, Jr. FAIA, President Date: Architect License No. - AR0034154 State of:Indiana Page 17 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright c0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. Address for giving notices: Address for giving notices: 227 West Jefferson Boulevard 101 South Pennsylvania Street South Bend, Indiana 46601 Indianapolis, Indiana 46204 Designated Representative (Paragraph 8.03.A): Designated Representative (Paragraph 8.03.A): Kara M. Boyles, Ph.D., P.E. William A. Browne, Jr., FAIA Title: City Engineer Phone Number: (574) 235-5933 Facsimile Number: (574) 235-9171 E-Mail Address: kboyles&southbendin.gov Title: President Phone Number: 317-633-4040 Facsimile Number: 317-633- E-Mail Address: WBrowne@RATIOdesign.com Page 18 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright C 2008 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT A, consisting of 12 pages, referred to in and part of the Agreement between Owner and Architect for Professional Services dated December 21, 2021. Architect's Services Article 1 of the Agreement is supplemented to include the following agreement of the parties. Architect shall provide Basic and Additional Services as set forth below. PART 1— BASIC SERVICES �.rirs��e�ra� • ... • ir.�ri! .�rr1�•�esr.���ass!n�r . . .r_� . �!�ssr_�.�r_�s�!��: 3. identify, eenstdt with, and analyze r-equir-ements ef govemmental authefifies having ineluding but net limited to mitigating fneasiffes identified in the efwifonmental _ . • • Pagel (ExhibitA —Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright O 2008 National Society of Profssicnal Engineers for EJCDC. All rights reserved. • . IMOrtsses!r9r. PIq MFVM 1%W • • A- MINI A1.02 Preliminary Design Phase A. After acceptance by Owner of the Report and any other deliverables, selection by Owner of a recommended solution and indication of any specific modifications or changes in the scope, extent, character, or design requirements of the Project desired by Owner, and upon written authorization from Owner, Architect shall: Prepare Preliminary Design Phase documents consisting of final design criteria, preliminary drawings, outline specifications, and written descriptions of the Project. 2. Provide necessary field surveys and topographic and utility mapping for design purposes. Utility mapping will be based upon information obtained from utility owners. 3. Advise Owner if additional reports, data, information, or services of the types described in Exhibit B are necessary and assist Owner in obtaining such reports, data, information, or services. 4. Based on the information contained in the Preliminary Design Phase documents, prepare a revised opinion of probable Construction Cost, and assist Owner in collating the various cost categories which comprise Total Project Costs. 5. Perform or provide the following additional Preliminary Design Phase tasks or deliverables: No additional tasks or deliverables 6. Furnish two (2) review copies of the Preliminary Design Phase documents and any other deliverables to Owner within ten (10) business days of authorization to proceed with this phase, and review them with Owner. Within ten (10) business days of receipt, Owner shall submit to Architect any comments regarding the Preliminary Design Phase documents and any other deliverables. 7. Revise the Preliminary Design Phase documents and any other deliverables in response to Owner's comments, as appropriate, and furnish to Owner two (2) copies of the revised Preliminary Design Phase documents, revised opinion of probable Construction Cost, and any other deliverables within ten (10) business days after receipt of Owner's comments. B. Architect's services under the Preliminary Design Phase will be considered complete on the date when the revised Preliminary Design Phase documents, revised opinion of probable Construction Cost, and any other deliverables have been delivered to Owner. Page2 (ExhibitA —Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright O 2008 National Society of Profssienal Engineers for EJCDC. All rights reserved. A1.03 Final Design Phase A. After acceptance by Owner of the Preliminary Design Phase documents, revised opinion of probable Construction Cost as determined in the Preliminary Design Phase, and any other deliverables subject to any Owner -directed modifications or changes in the scope, extent, character, or design requirements of or for the Project, and upon written authorization from Owner, Architect shall: 1. Prepare final Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. 2. Provide technical criteria, written descriptions, and design data for Owner's use in filing applications for permits from or approvals of governmental authorities having jurisdiction to review or approve the final design of the Project; assist Owner in consultations with such authorities; and revise the Drawings and Specifications in response to directives from such authorities. 3. Advise Owner of any adjustments to the opinion of probable Construction Cost known to Architect. 4. Perform or provide the following additional Final Design Phase tasks or deliverables: No additional tasks or deliverables 5. Prepare and furnish bidding documents for review by Owner, its legal counsel, and other advisors, and assist Owner in the preparation of other related documents. Within ten (10) business days of receipt, Owner shall submit to Architect any comments and, subject to the provisions of Paragraph 6.0l .G, instructions for revisions. 6. Revise the bidding documents in accordance with comments and instructions from the Owner, as appropriate, and submit two (2) final copies of the bidding documents, a revised opinion of probable Construction Cost, and any other deliverables to Owner within ten (10) business days after receipt of Owner's comments and instructions. B. Architect's services under the Final Design Phase will be considered complete on the date when the submittals required by Paragraph A1.03.A.6 have been delivered to Owner. C. In the event that the Work designed or specified by Architect is to be performed or furnished under more than one prime contract, or if Architect's services are to be separately sequenced with the work of one or more prime Contractors (such as in the case of fast -tracking), Owner and Architect shall, prior to commencement of the Final Design Phase, develop a schedule for performance of Architect's services during the Final Design, Bidding or Negotiating, Construction, and Post - Construction Phases in order to sequence and coordinate properly such services as are applicable to the work under such separate prime contracts. This schedule is to be prepared and included in or become an amendment to Exhibit A whether or not the work under such contracts is to proceed concurrently. D. The number of prime contracts for Work designed or specified by Architect upon which the Architect's compensation has been established under this Agreement is one. If more prime Page3 (ExhibitA —Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright O 2008 National Society of Profssicnal Engineers for EJCDC. All rights reserved. contracts are awarded, Architect shall be entitled to an equitable increase in its compensation under this Agreement. A 1.04 Bidding or Negotiating Phase A. After acceptance by Owner of the bidding documents and the most recent opinion of probable Construction Cost as determined in the Final Design Phase, and upon written authorization by Owner to proceed, Architect shall: 1. Assist Owner in advertising for and obtaining bids or proposals for the Work and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre -bid conferences, if any, and receive and process contractor deposits or charges for the bidding documents. 2. Issue addenda as appropriate to clarify, correct, or change the bidding documents. 3. Provide information or assistance needed by Owner in the course of any negotiations with prospective contractors. 4. Consult with Owner as to the acceptability of subcontractors, suppliers, and other individuals and entities proposed by prospective contractors for those portions of the Work as to which such acceptability is required by the bidding documents. 5. If bidding documents require, the Architect shall evaluate and determine the acceptability of "or equals" and substitute materials and equipment proposed by bidders, but subject to the provisions of paragraph A2.02.A.2 of this Exhibit A. 6. Attend the Bid opening, prepare Bid tabulation sheets, and assist Owner in evaluating Bids or proposals and in assembling and awarding contracts for the Work. 7. Perform or provide the following additional Bidding or Negotiating Phase tasks or deliverables: No additional tasks or deliverables. B. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective contractors (except as may be required if Exhibit F is a part of this Agreement). A1.05 Construction Phase A. Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from Owner, Architect shall: 1. General Administration of Construction Contract: Consult with Owner and act as Owner's representative as provided in the Construction Contract. The extent and limitations of the duties, responsibilities, and authority of Architect as assigned in the Construction Contract shall not be modified, except as Architect may otherwise agree in writing. All of Owner's instructions to Contractor will be issued through Architect, which shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and the Construction Contract except as otherwise provided in writing. Page4 (ExhibitA —Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright O 2008 National Society of Profssicnal Engineers for EJCDC. All rights reserved. • . • , • • • sa�ssr�rss. _ WIMPIrprm ZF Selecting Independent Testing Laboratory: independent testing laboratory to perform the B2.01.0. Assist Owner in the selection of an services identified in Exhibit B, Paragraph 4. Pre -Construction Conference: Participate in a Pre -Construction Conference prior to commencement of Work at the Site. Schedules: Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to Architect, including the Progress Schedule, Schedule of Submittals, and Schedule of Values. 6. Baselines and Benchmarks: As appropriate, establish baselines and benchmarks for locating the Work which in Architect's judgment are necessary to enable Contractor to proceed. 7. Visits to Site and Observation of Construction: In connection with observations of Contractor's Work while it is in progress: a. Make visits to the Site at intervals appropriate to the various stages of construction, as Architect deems necessary, to observe as an experienced and qualified design professional the progress of Contractor's executed Work. Such visits and observations by Architect, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of Contractor's Work in progress or to involve detailed inspections of Contractor's Work in progress beyond the responsibilities specifically assigned to Architect in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Architect's exercise of professional judgment, as assisted by the Resident PFeeet Representative, y. Based on information obtained during such visits and observations, Architect will determine in general if the Work is proceeding in accordance with the Contract Documents, and Architect shall keep Owner informed of the progress of the Work. b. The purpose of Architect's visits to, and representation by the Resident Pr-0jee Representative, if , at the Site, will be to enable Architect to better carry out the duties and responsibilities assigned to and undertaken by Architect during the Construction Phase, and, in addition, by the exercise of Architect's efforts as an experienced and qualified design professional, to provide for Owner a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Page5 (ExhibitA —Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright O 2008 National Society of Profssicnal Engineers for EJCDC. All rights reserved. Contract Documents. Architect shall not, during such visits or as a result of such observations of Contractor's Work in progress, supervise, direct, or have control over Contractor's Work, nor shall Architect have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to Contractor's Work, nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, Architect neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish or perform the Work in accordance with the Contract Documents. 8. Defective Work Architect will recommend rejeciotn of the RejM Work if, on the basis of Architect's observations, Architect believes that such Work (a) is defective under the standards set forth in the Contract Documents, (b) will not produce a completed Project that conforms to the Contract Documents, or (c) will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 9. Clarifications and Interpretations; Field Orders: Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Subject to any limitations in the Contract Documents, Architect may issue field orders authorizing minor variations in the Work from the requirements of the Contract Documents. 10. Change Orders and Work Change Directives: Recommend change orders and work change directives to Owner, as appropriate, and prepare change orders and work change directives as required. 11. Shop Drawings and Samples: Review or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such reviews or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Architect shall meet any Contractor's submittal schedule that Architect has accepted. 12. Substitutes and "or -equal": Evaluate and determine the acceptability of substitute or "or - equal" materials and equipment proposed by Contractor, but subject to the provisions of Paragraph A2.02.A.2 of this Exhibit A. 13. Inspections and Tests: Require such special inspections or tests of Contractor's work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Contract Documents. Architect's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply Page6 (ExhibitA —Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright O 2008 National Society of Profssicnal Engineers for EJCDC. All rights reserved. with the requirements of the Contract Documents. Architect shall be entitled to rely on the results of such tests. 14. Disagreements between Owner and Contractor: Render formal written decisions on all duly submitted issues relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the execution, performance, or progress of Contractor's Work; review each duly submitted Claim by Owner or Contractor, and in writing either deny such Claim in whole or in part, approve such Claim, or decline to resolve such Claim if Architect in its discretion concludes that to do so would be inappropriate. In rendering such decisions, Architect shall be fair and not show partiality to Owner or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 15. Applications for Payment: Based on Architect's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Architect recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Architect's representation to Owner, based on such observations and review, that, to the best of Architect's knowledge, information and belief, Contractor's Work has progressed to the point indicated, the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Architect's responsibility to observe Contractor's Work. In the case of unit price work, Architect's recommendations of payment will include final determinations of quantities and classifications of Contractor's Work (subject to any subsequent adjustments allowed by the Contract Documents). b. By recommending any payment, Architect shall not thereby be deemed to have represented that observations made by Architect to check the quality or quantity of Contractor's Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Architect in this Agreement and the Contract Documents. Neither Architect's review of Contractor's Work for the purposes of recommending payments nor Architect's recommendation of any payment including final payment will impose on Architect responsibility to supervise, direct, or control Contractor's Work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with Laws and Regulations applicable to Contractor's furnishing and performing the Work. It will also not impose responsibility on Architect to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the Work in progress, materials, or equipment has passed to Owner free and clear of any liens, claims, security interests, or encumbrances, or that there may not Page7 (ExhibitA —Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright O 2008 National Society of Profssicnal Engineers for EJCDC. All rights reserved. be other matters at issue between Owner and Contractor that might affect the amount that should be paid. 16. Contractor's Completion Documents: Receive, review, and transmit to Owner maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and other data approved as provided under Paragraph A1.05.A.11, and transmit the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. The extent of such review by Architect will be limited as provided in Paragraph A1.05.A.11. 17. Substantial Completion: Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor, visit the Project to determine if the Work is substantially complete. If after considering any objections of Owner, Architect considers the Work substantially complete, Architect shall deliver a certificate of Substantial Completion to Owner and Contractor. 18. Additional Tasks: Perform or provide the following additional Construction Phase tasks or deliverables: No additional tasks or deliverables. 19. Final Notice of Acceptability of the Work: Conduct a final visit to the Project to determine if the completed Work of Contractor is acceptable so that Architect may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Architect shall also provide a notice in the form attached hereto as Exhibit E (the "Notice of Acceptability of Work") that the Work is acceptable (subject to the provisions of Paragraph A1.05.A.15.b) to the best of Architect's knowledge, information, and belief and based on the extent of the services provided by Architect under this Agreement. B. Duration of Construction Phase: The Construction Phase will commence with the execution of the first Construction Contract for the Project or any part thereof and will terminate upon written recommendation by Architect for final payment to Contractors. If the Project involves more than one prime contract as indicated in Paragraph A1.03.C, then Construction Phase services may be rendered at different times in respect to the separate contracts. Subject to the provisions of Article 3, Architect shall be entitled to an equitable increase in compensation if Construction Phase services (including Resident Project Representative services, if any) are required after the original date for completion and readiness for final payment of Contractor as set forth in the Construction Contract. C. Limitation of Responsibilities: Architect shall not be responsible for the acts or omissions of any Contractor, Subcontractor or Supplier, or other individuals or entities performing or furnishing any of the Work, for safety or security at the Site, or for safety precautions and programs incident to Contractor's Work, during the Construction Phase or otherwise. Architect shall not be responsible for the failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. Page8 (ExhibitA —Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright O 2008 National Society of Profssicnal Engineers for EJCDC. All rights reserved. A1.06 Post -Construction Phase A. Upon written authorization from Ownerduring the Post -Construction Phase Architect shall: Together with Owner, visit the Project to observe any apparent defects in the Work, assist Owner in consultations and discussions with Contractor concerning correction of any such defects, and make recommendations as to replacement or correction of defective Work, if any. 2. Together with Owner or Owner's representative, visit the Project within one month before the end of the correction period to ascertain whether any portion of the Work is subject to correction. 3. Perform or provide the following additional Post -Construction Phase tasks or deliverables: No additional tasks or deliverables. B. The Post -Construction Phase services may commence during the Construction Phase and, if not otherwise modified in this Exhibit A, will terminate twelve months after the commencement of the Construction Contract's correction period. PART 2 — ADDITIONAL SERVICES A2.01 Additional Services Requiring Owner's Written Authorization A. If authorized in writing by Owner, Architect shall furnish or obtain from others Additional Services of the types listed below. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. 2. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner or others. Services resulting from significant changes in the scope, extent, or character of the portions of the Project designed or specified by Architect or its design requirements including, but not limited to, changes in size, complexity, Owner's schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date or are due to any other causes beyond Architect's control. 4. Services resulting from Owner's request to evaluate additional Study and Report Phase alternative solutions beyond those identified in Paragraph ALO1.A.4. Page9 (ExhibitA —Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright O 2008 National Society of Profssicnal Engineers for EJCDC. All rights reserved. 5. Services required as a result of Owner's providing incomplete or incorrect Project information to Architect. 6. Providing renderings or models for Owner's use. 7. Undertaking investigations and studies including, but not limited to, detailed consideration of operations, maintenance, and overhead expenses; the preparation of financial feasibility and cash flow studies, rate schedules, and appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing, and assisting Owner in obtaining process licensing; detailed quantity surveys of materials, equipment, and labor; and audits or inventories required in connection with construction performed by Owner. 8. Furnishing services of Consultants for other than Basic Services. 9. Services attributable to more prime construction contracts than specified in Paragraph A 1.03.D. 10. Services during out-of-town travel required of Architect other than for visits to the Site or Owner's office. 11. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructibility review requested by Owner; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other Bidding Documents as a result of such review processes. 12. Preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by Owner for the Work or a portion thereof. 13. Assistance in connection with Bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services, except when such assistance is required by Exhibit F. 14. Providing construction surveys and staking to enable Contractor to perform its work other than as required under Paragraph A1.05.A.6, and any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. 15. Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor. 16. Providing assistance in responding to the presence of any Constituent of Concern at the Site, in compliance with current Laws and Regulations. 17. Preparing Record Drawings showing appropriate record information based on Project annotated record documents received from Contractor and furnishing such Record Drawings to Owner. 18. Preparation of operation and maintenance manuals. Pagel (ExhibitA —Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright O 2008 National Society of Profssicnal Engineers for EJCDC. All rights reserved. 19. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration, or other dispute resolution process related to the Project. 20. Providing more extensive services required to enable Architect to issue notices or certifications requested by Owner. 21. Assistance in connection with the adjusting of Project equipment and systems. 22. Assistance to Owner in training Owner's staff to operate and maintain Project equipment and systems. 23. Assistance to Owner in developing procedures for (a) control of the operation and maintenance of Project equipment and systems, and (b) related record -keeping. 24. Overtime work requiring higher than regular rates. 25. Other services performed or furnished by Architect not otherwise provided for in this Agreement. A2.02 Additional Services Not Requiring Owner's Written Authorization A. Architect shall advise Owner in advance that Architect is will immediately commence to perform or furnish the Additional Services of the types listed below. For such Additional Services, Architect need not request or obtain specific advance written authorization from Owner. Architect shall cease performing or furnishing such Additional Services upon receipt of written notice from Owner. 1. Services in connection with work change directives and change orders to reflect changes requested by Owner. 2. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than "or -equal" items; services after the award of the Construction Contract in evaluating and determining the acceptability of a proposed "or equal" or substitution which is found to be inappropriate for the Project; evaluation and determination of an excessive number of proposed "or equals" or substitutions, whether proposed before or after award of the Construction Contract. 3. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment, or energy shortages. 4. Additional or extended services during construction made necessary by (1) emergencies or acts of God endangering the Work (advance notice not required), (2) the presence at the Site of any Constituent of Concern or items of historical or cultural significance, (3) Work damaged by fire or other cause during construction, (4) a significant amount of defective, neglected, or delayed work by Contractor, (5) acceleration of the progress schedule involving services beyond normal working hours, or (6) default by Contractor. 5. Services (other than Basic Services during the Post -Construction Phase) in connection with any partial utilization of any part of the Work by Owner prior to Substantial Completion. Pagel (ExhibitA —Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright O 2008 National Society of Profssicnal Engineers for EJCDC. All rights reserved. 6. Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in connection with the Work. 7. Services during the Construction Phase rendered after the original date for completion of the Work referred to in A1.05.B. 8. Reviewing a Shop Drawing more than three times, as a result of repeated inadequate submissions by Contractor. 9. While at the Site, compliance by Architect and its staff with those terms of Owner's or Contractor's safety program provided to Architect subsequent to the Effective Date that exceed those normally required of architectural personnel by federal, state, or local safety authorities for similar construction sites. Pagel (ExhibitA —Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright O 2008 National Society of Profssicnal Engineers for EJCDC. All rights reserved. This is EXHIBIT B, consisting of 3 pages, referred to in and part of the Agreement between Owner and Architect for Professional Services dated Dec. 21, 2021. 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 Architect with all criteria and full information as to Owner's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Owner will require to be included in the Drawings and Specifications; and furnish copies of Owner's standard forms, conditions, and related documents for Architect to include in the Bidding Documents, when applicable. B. Furnish to Architect any other available information pertinent to the Project including reports and data relative to previous designs, or investigation at or adjacent to the Site. C. Following Architect's assessment of initially -available Project information and data and upon Architect's request, furnish or otherwise make available such additional Project related information and data as is reasonably required to enable Architect 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. Property, boundary, easement, right-of-way, and other special surveys or data, including establishing relevant reference points. 4. Explorations and tests of subsurface conditions at or contiguous to the Site, drawings of physical conditions relating to existing surface or subsurface structures at the Site, or hydrographic surveys, with appropriate professional interpretation thereof Environmental assessments, audits, investigations, and impact statements, and other relevant environmental or cultural studies as to the Project, the Site, and adjacent areas. 6. Data or consultations as required for the Project but not otherwise identified in the Agreement or the Exhibits thereto. D. Give prompt written notice to Architect whenever Owner observes or otherwise becomes aware of the presence at the Site of any Constituent of Concern, or of any other development that affects the scope or time of performance of Architect's services, or any defect or nonconformance in Architect's services, the Work, or in the performance of any Contractor. Page 1 (Exhibit B — Owner's Responsibilities) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. E. Authorize Architect to provide Additional Services as set forth in Part 2 of Exhibit A of the Agreement as required. F. Arrange for safe access to and make all provisions for Architect to enter upon public and private property as required for Architect to perform services under the Agreement. G. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by Architect (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as Owner deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. H. Provide reviews, approvals, and permits from all governmental authorities having jurisdiction to approve all phases of the Project designed or specified by Architect and such reviews, approvals, and consents from others as may be necessary for completion of each phase of the Project. L Recognizing and acknowledging that Architect's services and expertise do not include the following services, provide, as required for the Project: 1. Accounting, bond and financial advisory, independent cost estimating, and insurance counseling services. 2. Legal services with regard to issues pertaining to the Project as Owner requires, Contractor raises, or architect reasonably requests. 3. Such auditing services as Owner requires to ascertain how or for what purpose Contractor has used the moneys paid. I Place and pay for advertisement for Bids in appropriate publications. K. Advise Architect 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 Architect 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 Architect may assist Owner in collating the various cost categories which comprise Total Project Costs. M. If Owner designates a construction manager or an individual or entity other than, or in addition to, Architect to represent Owner at the Site, define and set forth as an attachment to this Exhibit B the duties, responsibilities, and limitations of authority of such other party and the relation thereof to the duties, responsibilities, and authority of Architect. N. If more than one prime contract is to be awarded for the Work designed or specified by Architect, designate a person or entity to have authority and responsibility for coordinating the activities among the various prime Contractors, and define and set forth the duties, responsibilities, and limitations of authority of such individual or entity and the relation thereof to the duties, Page 2 (Exhibit B — Owner's Responsibilities) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. responsibilities, and authority of Architect as an attachment to this Exhibit B that is to be mutually agreed upon and made a part of this Agreement before such services begin. O. Attend the pre -bid conference, bid opening, pre -construction conferences, construction progress and other job related meetings, and Substantial Completion and final payment visits to the Project. P. Provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of samples, materials, and equipment required by the Contract Documents, or to evaluate the performance of materials, equipment, and facilities of Owner, prior to their incorporation into the Work with appropriate professional interpretation thereof. Q. Provide Architect with the findings and reports generated by the entities providing services to Owner pursuant to this paragraph. R. Inform Architect in writing of any specific requirements of safety or security programs that are applicable to Architect, as a visitor to the Site. S. Perform or provide the following additional services: No additional services identified. 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. SUGGESTED FORMAT (for use with E-500, 2008 Edition) This is EXHIBIT C, consisting of two (2) pages, referred to in and part of the Agreement between Owner and Architect for Professional Services dated December 21, 2021. Payments to Architect for Services and Reimbursable Expenses COMPENSATION PACKET BC-1: Basic and Specialty 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 (ether trran Resident Tvfcct4cepragentative) — Lump Sum Method of Payment A. Owner shall pay Architect for Basic and Specialty Services set forth in Exhibit A, except fer serviees of Ar-ehiteet's Resident Pr-gjeet Repr-esentative, ' , as follows: 1. A Compensation amount of One Million Six Hundred Fifty Thousand ($1,650,000.00) plus (+) Fifty Five Thousand ($55,000.00) for Reimbursable Expenses equalling (=) a total Lump Sum of One Million Seven Hundred Five Thousand Dollars ($1,705,000.00) based on the following estimated distribution: Basic & Specialty Services: a. Study and Report Phase Completed Previously b.Preliminary Design Phase $615,000.00* c.Final Design Phase $550,000.00 d.Bidding and Negotiating Phase $50,000.00 e. Construction Phase $400,000.00 f. Post -Construction Phase $35,000.00 Sub -Total $1,650,000.00 Reimbursable Expenses $55,000.00* Total Lump Sum Fee $1,705,000.00 *The Preliminary Design Phase and Reimbursable Expenses will be authorized initially by the City of South Bend. Once the project funding is in place for the construction of the project, then the balance of the phases will be authorized. Pagel Exhibit C —Compensation Packet BE1: Basic Services (other than RP%Lump Sum Method of Payment EJCDC E-500 Agreement Between Owner and EiWer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2. Architect 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 Architect's services and services of Architect's Consultants, if any. Appropriate amounts have been incorporated in the Lump Sum to account for labor, overhead, and profit. Reimbursable Expenses are identified separately. 4. The portion of the Lump Sum amount billed for Architect's services will be based upon Architect'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 thirty (30) months. If such period of service is extended, the compensation amount for Architect's services shall be appropriately adjusted. Paget Exhibit C —Compensation Packet BE1: Basic Services (other than RP%Lump Sum Method of Payment EJCDC E-500 Agreement Between Owner and EiWer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT E, consisting oftwo (2) pages, referred to in and part of the Agreement between Owner and Architect for Professional Services dated December21, 2021. NOTICE OF ACCEPTABILITY OF WORK PROJECT: Morris Performing Arts Center Expansion, Parking Garage, & Plaza Improvements OWNER: City of South Bend, Venues Parks & Arts CONTRACTOR: OWNER'S CONSTRUCTION CONTRACT IDENTIFICATION: EFFECTIVE DATE OF THE CONSTRUCTION CONTRACT: ARCHITECT: RATIO Architects, LLC NOTICE DATE: To: Owner And To: Contractor From: Architect The Architect hereby gives notice to the above Owner and Contractor that the completed Work furnished and performed by Contractor under the above Contract is acceptable, expressly subject to the provisions of the related Contract Documents, the Agreement between Owner and Architect for Professional Services dated , and the terms and conditions set forth in this Notice. Title: Dated: Paget (Exhibit E — Notice of Acceptability of Work) EJCDC E-500 Agreement Between Owner and Engineer for Profeesial Services. Copyright O 2008 National Society of Professional Engineers for EJCDC. All rights reseed. CONDITIONS OF NOTICE OF ACCEPTABILITY OF WORK The Notice of Acceptability of Work ("Notice") is expressly made subject to the following terms and conditions to which all those who receive said Notice and rely thereon agree: 1. This Notice is given with the skill and care ordinarily used by members of the architectural profession practicing under similar conditions at the same time and in the same locality. 2. This Notice reflects and is an expression of the professional judgment of Architect. This Notice is given as to the best of Architect's knowledge, information, and belief as of the Notice Date. 4. This Notice is based entirely on and expressly limited by the scope of services Architect has been employed by Owner to perform or furnish during construction of the Project (including observation of the Contractor's work) under Architect's Agreement with Owner and under the Construction Contract referred to in this Notice, and applies only to facts that are within Architect's knowledge or could reasonably have been ascertained by Architect as a result of carrying out the responsibilities specifically assigned to Architect under such Agreement and Construction Contract. 5. This Notice is not a guarantee or warranty of Contractor's performance under the Construction Contract referred to in this Notice, nor an assumption of responsibility for any failure of Contractor to furnish and perform the Work thereunder in accordance with the Contract Documents. Paget (Exhibit E — Notice of Acceptability of Work) EJCDC E-500 Agreement Between Owner and Engineer for Profeesial Services. Copyright O 2008 National Society of Professional Engineers for EJCDC. All rights reseed. This is EXHIBIT G, consisting oftwo (2) pages, referred to in and part of the Agreement between Owner and Architect for Professional Services dated December21, 2021. Insurance Paragraph 6.04 of the Agreement is supplemented to include the following agreement of the parties. G6.04 Insurance A. The limits of liability for the insurance required by Paragraph 6.04.A and 6.04.13 of the Agreement are as follows: 1. By Architect: a. Workers' Compensation & Employer's Liability -- 1) Each Accident: 2) Disease, Policy Limit: 3) Disease, Each Employee: b. General Liability -- 1) Each Occurrence (Bodily Injury and Property Damage) 2) General Aggregate: c. Excess or Umbrella Liability -- 1) Each Occurrence: 2) General Aggregate: $1,000,000 $1,000,000 $1,000,000 $1,000.000 $2,000,000 $5,000,000 $5,000,000 d. Automobile Liability --Combined Single Limit (Bodily Injury and Property Damage): Each Accident $1,000,000 e. Professional Liability — 1) Each Claim Made $10,000,000 2) Annual Aggregate $10,000,000 £ Other (specify): N/A Paget (Exhibit G - Insurance) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright O 2008 Nation$ Society of Professional Engineers for EJCDC. All rights reserved. 2. By Owner: 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 ($5,000,000) for injury to or death of all persons in that occurrence,; and 3) A governmental entity or an employee of a governmental entity acting within the scope of employment is not liable for punitive damages. B. Additional Insureds: n ,,ehiteet's G nsult nt E M�.*-'�!!!!�!T.F�ii. � T��IT.f�F[7!*5�5.�ETIiI.T.S�FG'l"l�1'!!S!*!!�!!Z!R'1��5�.*'-'IS�P.!!!'RfF94 M. 3. The Owner shall be listed on Architect's general liability policy as provided in Paragraph 6.04.A. Paget (Exhibit G - Insurance) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright O 2008 Nation$ Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT I, consisting of one (1) page, referred to in and part of the Agreement between Owner and Architect for Professional Services dated December 21, 2021. Limitations of Liability Paragraph 6.10 of the Agreement is supplemented to include the following agreement of the parties: A. Limitation of Architect's Liability Architect's Liability Limited to Amount of Insurance Proceeds: Architect 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 Architect and Architect'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 Architect or Architect'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 Architect by Architect's insurers in settlement or satisfaction of Owner's Claims under the terms and conditions of Architect's insurance policies applicable thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense, and appeal). if no stle , inst - nee — . ff-evided with r-espeet to &Amer-'s Claims, then the tetal liability, in the aggregate, e Consultants te Ov�%er- and anyone claiming by, dir-eugh, or- under Owner for any and all stteh uninsufed i}er-'s Claims shall not exeeed $ B. Indemnification by Owner: To the fullest extent permitted by law, Owner shall indemnify and hold harmless Architect 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 architects, engineers, 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. Paget (Exhibit I - Limitations on Liability) EJCDC E-500 Agreement BbNeen Owner and Engineer for Professional Services. Copyright O 2008 Natioral Society of Profession aEngineers for EJCDC. All rights reserved. This isEXHIBIT J, consisting ofsix (6) pages, referred to in and part of the Agreement between Owner and Architect for Professional Services date December21, 2021. Special Provisions The following is the Architect's Design Services Proposal prepared in advance of this Agreement. November 1, 2021 Jeff Jarnecke Executive Director of Venues City of South Bend, Venues Parks & Arts 120 Dr. Martin Luther King Jr. Blvd. South Bend, Indiana 46601 Re: Morris PAC Renovation, Addition and Site Proposal Dear Jeff: Thank you for the opportunity for RATIO to propose services for the Morris Performing Arts Center (MPAC) renovations in South Bend, Indiana. Renovating and expanding a historically significant building, such as the Morris, and doing so in a way that respects it yet improves the existing facility, requires thoughtful and careful planning. We are extremely excited to re -envision this civic source of pride and offer the following services proposal for your consideration. PROJECT SCOPE The project consists of major renovations and additions to South Bend's MPAC facility and grounds bounded to the north by West Lasalle Ave, to the east by Doctor M.L.K. Jr. Blvd, to the south by West Colfax Ave and to the west by North Main Street. The scope breaks down into four major components. These components include MPAC renovations, a building addition, re -visioned Jon Hunt Memorial Plaza, and a parking structure. The construction budget for the total project including all four components is $18.30M. The Concept Design for these components is generally described in the presentation document dated April 21, 2021. Pagel (Exhibit J - Special Provisions) EJCDC E-500 Agreement Between Owner and Engineer for Pfessional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All righteserved. MPAC Renovation at connection point only Component one consists of connecting to the existing MPAC building. This includes the first and second floor connection and the immediate impact to the current space. It will impact an existing restroom and finish transitions to the existing space. All other components of capital improvements and deferred maintenance will be handled by others. The probable construction cost for this component is included in the Building Addition cost. Building Addition Component two consists of an addition to the MPAC. This addition is envisioned as a 17,100 GSF, 2-story, all above grade structure that includes the following program. The probable construction cost for this component is $7.80M. The initial conceptual program for building addition includes: • Entries / security on two levels • Lobby / pre -function / sky lounge over two levels • Vertical circulation • Openings into the existing MPAC lobby on two levels • Concession / merchandise • Box office • Coat check • Classroom space • Restrooms • Storage • Green roof • Other non -assignable space (Mech) Jon Hunt Memorial Plaza Component three consists of improvements to the Jon Hunt Memorial Plaza. The probable construction cost for this component is $2.20M. This includes: • An enlarged plaza space including a fountain and a garden room space that can accommodate event day programming. • Vehicular drop-off along Colfax Ave. • Cohesive site design with building addition Parking Garage Component four is multi -level, all above ground, 300 space parking structure. A portion of the parking, 100-125 spaces, may be apportioned for the LaSalle apartment building to the north. The probable construction cost for this component is $8.26M. Paget (Exhibit J - Special Provisions) EJCDC E-500 Agreement Between Owner and Engineer for Pfessional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All righteserved. DESIGN SERVICES RATIO, along with its consultants, will provide Design Services including program verification, design, construction documentation, bidding phase interpretations, cost estimating, and construction phase administrative services for the four components outlined above. These services are described in the City of South Bend's Standard Agreement Between Owner And Engineer For Professional Services, 2007 Edition with some mutually agreed upon terms/modifications/amendments. RATIO will serve as the Design Architect and will be the contracting entity with the City of South Bend. Shive- Hattery will serve as the Executive Architect and will be a consultant to RATIO. Both the Design Architect and the Executive Architect will provide design services during all phases of the project with the Design Architect leading the design phases and the Executive Architect leading the documentation and construction phases. Basic Design Services will include architecture, civil engineering, structural engineering, mechanical/plumbing/electrical engineering, code consultant and cost estimating. Specialty Design Services will include technology/audio-visual design, landscape architecture, interior design, furniture, fixtures & equipment (FF&E) selection services, lighting design and acoustic design. Selection of the engineering and specialty consultants have been completed collaboratively with the involvement of the City of South Bend, the Executive Architect, and RATIO. Three cost opinions are included; one for Schematic Design, Design Development and Construction Documentation phases. Exclusions are listed below, but can be made available as additional services if requested: Wayfinding and signage, other than code required signage. Hazardous materials investigations and reports. • Commissioning. • USGBC LEED credit tracking and application. • Coordination of laser scan survey of existing conditions. • Record documents. Up to Five (5) level one visualizations are included in the Reimbursable Expenses. These views will capture interior and exterior views for client review, comment, and use. Additional visualizations and/or more refined views may be provided as additional service as described below: Visualizations may be provided at three levels of quality. Representative examples for each level of quality can be provided for client reference. Page3 (Exhibit J - Special Provisions) EJCDC E-500 Agreement Between Owner and Engineer for Pfessional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All righteserved. Level one visualizations are intended for studying aspects of the design image from their native modeling software into a dedicated rendering software. Some exploration may include textural and lighting options in key spaces, material and color exploration, and the investigation of scale, proportion, and form. Level two visualizations produced in dedicated rendering software and are meant to provide an understanding to stakeholders about the design. These visualizations include refined materiality, representative lighting levels, and reflectivity. They also incorporate entourage to give stakeholders a human scale. Level three visualizations are best used for publications and other media outlets at the specific request of our clients. These photorealistic renderings requiring heavy post -production show accurate depiction of materials, lighting, environmental conditions, and site context. DESIGN TEAM RATIO proposes the following design team for each component of the Project Components No.1 No.2 No.3 No.4 Basic Design Services: Design Architect RATIO • • • • Executive Architect Shive-Hattery • • • • Civil Engineer DLZ • • • Structural Engineer Structurepoint • • MEP Engineer Ross & Baruzzini • • • Code Consultant RTM • • • Cost Estimator CSQ • • • • Specialty Design Services: Technology/AV Ross & Baruzzini • Landscape Architect RATIO/ Shive-Hattery • Interior Design RATIO/ Shive-Hattery • • FF&E RATIO • Lighting Shakespeare • • • Acoustic Haverstick • • • Page4 (Exhibit J - Special Provisions) EJCDC E-500 Agreement Between Owner and Engineer for Pfessional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All righteserved. Reimbursables: Visualizations RATIO • • • CO ENSATION & SCHEDULE In consideration of the Project Scope and Design Services, we offer a lump sum fee of One Million Six Hundred Fifty Thousand Dollars. ($1,650,000.00). The following is the fee breakdown by firm. Basic Services: Architecture: Design Architect RATIO $ 320,000.00 Executive Architect Shive-Hattery $ 320,000.00 Civil Engineering DLZ $ 99,000.00 Structural Engineering: Building Expansion Structurepoint $ 95,000.00 Parking Garage Walker Consultants $ 195,000.00 MEP Engineering Ross + Baruzzini $ 135,000.00 Code Consultation RTM $ 5,000.00 Cost Estimating CSQ $ 15,000.00 Management RATIO $ 30,000.00 Sub -Total $ 1,214,000.00 Saecialty Services: Interior Design: Interior Designer RATIO $ 45,000.00 Executive Interior Designer Shive-Hattery $ 45,000.00 Furniture. Fixtures & Equipment RATIO $ 65,000.00 Landscape Architecture: Design Landscape Architect RATIO $ 100,000.00 Executive Landscape Architect Troyer $ 100,000.00 Technology Ross + Baruzzini $ 33,000.00 Lighting Shakespeare $ 41,000.00"' Acoustic Haverstick $ 7,000.00* Sub -Total $ 436,000.00 Total $1,650,000.00 Pages (Exhibit J - Special Provisions) EJCDC E-500 Agreement Between Owner and Engineer for Pfessional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All righteserved. Additional Visualizations FEE TBD (Need to discuss with City Rendering LOQ-1 about their needs) Rendering LOQ-2 TBD (Need to discuss with City about their needs) Rendering LOQ-3 TBD (Need to discuss with City about their needs) REIMBURSABLE EXPENSES Expenses attributable to your project are in addition to the compensation and will be invoiced as a Reimbursable Expense at 1.10 times the item's expense. Expenses may include: A. Drawing Reproduction/Photographic Reproduction B. Copying C. Supplies D. Mailing/Express Mail E. Mileage/Lodging/Meals/Auto Rental/Travel per Diem F. Visualizations G. Other, approved, miscellaneous expenses We estimate reimbursable expenses will not exceed Fifty -Five Thousand Dollars ($55,000.00). We will only invoice for expenses incurred in the interest of the project and will provide back-up receipts with our invoicing as required. Any monies remaining within this estimate at the completion of the project will revert to the Owner in full. Please review this proposal and if you have any questions, do not hesitate to contact me directly. Thank you for engaging RATIO for your interesting project. All the best, William A. Browne Jr., FAIA, LEED Principal/President Page6 (Exhibit J - Special Provisions) EJCDC E-500 Agreement Between Owner and Engineer for Pfessional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All righteserved. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 12/14/2021 Name: Patrick Sherman Department of Venues Parks & Arts BPW Date: 12/21/2021 Phone Extension: 5601 Required Prior to Submittal to Board BPW Attorney X Attorney Name Clara McDaniels Dept. Attorney ❑ Attorney Name Clara McDaniels Purchasing ❑ Michael Schmidt Check the Appropriate Item Type — Re uired or 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 n Other: n Ease./Encroach Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Information RATIO Architects, LLC ® Yes® If Yes, Approved by Purchasing ❑ No ❑ WBE Completed E-Verify Form Attached ❑ Yes No MPAC Additions Professional Services PROJ00000294 Fund 416 PR-00013839 $670,000.00 EJCDC Contract Preliminary Design phase services for major additions at the Morris Performing Arts Center. r Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount Increase Current Percent of Change: Decrease New Amount $ Increase Total Percent of Change: Decrease Time Extension Amount: New Completion Date: City of South Bend Department of Administration & Finance Change Order Request Form Changing the line amount: You can only change a line amount if it has NOT been invoiced against. • If the line has NOT been invoiced — reduce the line amount to equal what it should be. • If the line has been invoiced — cancel the delivery remainder and finalize the individual line, then add a new line for the amount that should be remaining. Multiple PO lines: If you have changes to more than one line on the same PO, fill out a separate section for each line affected by the change order. Project POs: For change orders on project -related POs, this form must be approved by the Project Accounting Team as described in Supplement 508. PO Number 13835 Line Number Add line 4 Original Dollar Amount $0.00 New Dollar Amount $470,950.00 For liquidation request, enter $0 Reason Code if changed) SV-ES - no change Financial Dimensions (fund-dept- 416-11-220-292-443001--PROJ00000294 division -subdivision -main account Project Code if applicable) PROJ00000294 Description of change (include Amendment for PSA for MPAC. budget impact) APPROVED BY PROJECT (PAT member's name and date to be completed by PAT member) ACCOUNTING TEAM (if applicable) PO Number Line Number Original Dollar Amount New Dollar Amount For liquidation request, enter $0 Reason Code if changed) Financial Dimensions (fund-dept- division-subdivision-main account Project Code if applicable) Description of change (include budget impact) APPROVED BY PROJECT ACCOUNTING TEAM (if applicable) (PAT member's name and date to be completed by PAT member) PO Number Line Number Original Dollar Amount PO-0013835 - Change Order Request Form 1 of 3 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 04/04/2023 Name Patrick Sherman Department Public Works BPW Date 04/11 /2023 Phone Extension 5601 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney ® Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ® Mickey Lovy Check the Appropriate Item I Professional Services Agreement ❑ Contract ❑ Open Market Contract ❑ Bid Opening ❑ Quote Opening ❑ Proposal Opening ❑ Chg. Order, No. I-1 Other: Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Michael Schmidt ® Amendment/Addendum ❑ Bid Award ❑ Quote Award ❑ C/O & PCA No. ❑ Traffic Control Information RATIO Architects, LLC All Submissions U Proposal ❑ Special Purchase, QPA ❑ Req. to Advertise ❑ Title Sheet ❑ Reject Bids/Quotes ❑ PCA ❑ Resolution Ease./Encroach ❑ Yes ❑ If Yes, Approved by Purchasing ® No ❑ MBE Completed E-Verify Form Attached ❑ Yes No MPAC Additions Professional Services PROJ00000294 Fund 201: PR-00023268 PO-0013835 $470,950.00 EJCDC Contract Amendment _Final Design services for the major additions at the Morris Performing Arts Center. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount Current Percent of Change New Amount Increase % Decrease ( % Increase % Total Percent of Change: Decrease % Time Extension Amount: New Completion Date: