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HomeMy WebLinkAboutAmendment No 1 to OEA - Design Services Leeper Ave. Proj No. 124-008 – American Structurepoint, Inc. ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MICOU 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS May 28, 2024 Mr. Robert S. Bray American Structurepoint, Inc. 9025 River Road, Suite 200 Indianapolis, IN 46240 rbray@structurepoint.com RE: Amendment No. 1 to Owner-Engineer Agreement Dear Mr. Bray: At its May 28, 2024 meeting, the Board of Public Works approved the above referenced amendment for additional design services for the bridge repair on Leeper Ave., Project No. 124-008 in the amount of $44,632. Enclosed please find the original of the amendment for your signature. Please sign and return the original amendment to lhensley@southbendin.gov. Please retain a copy 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 Amendment to Owner-Engineer Agreement Page 1 (Exhibit A-1 – Engineer’s Services) EJCDC® E-570, Agreement Between Engineer and Owner for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2021.01526 AMENDMENT NO. 1 TO OWNER-ENGINEER AGREEMENT 1.Background Data: a.Effective Date of Owner-Engineer Agreement: March 31, 2022 b.Owner:Board of Public Works City of South Bend c.Engineer: American Structurepoint, Inc. d.Project:East Bank Trail over Leeper Avenue Bridge Vehicular Impact Design of Repairs 2.Nature of Amendment X Additional Services to be performed by Engineer X Modifications to Payment to Engineer 3.Description of Modifications Exhibit A-1 – replacing in its entirety Exhibit A of the Agreement Exhibit C-1 – replacing in its entirety Exhibit C of the Agreement 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 the date of latest required signature. OWNER: ENGINEER: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS AMERICAN STRUCTUREPOINT INC. By: ____________________________ Title: ____________________________ Date Signed:_________________________ May 28, 2024 Amendment to Owner-Engineer Agreement Page 2 (Exhibit A-1 – Engineer’s Services) EJCDC® E-570, Agreement Between Engineer and Owner for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2021.01526 This is EXHIBIT A-1, consisting of 18 pages, replacing in its entirety Exhibit A set forth in the Agreement. Engineer’s Services Article 1 of the Agreement is supplemented to include the following agreement of the parties. Engineer shall provide Basic and Additional Services as set forth below. PART 1 – BASIC SERVICES A1.01. Preliminary Design Phase for Owner’s Project Number 121-075 A. Upon written authorization from Owner, Engineer shall: 1. Prepare Preliminary Design Phase documents consisting of final design criteria, preliminary drawings, outline specifications, and opinion of probable Construction Cost of the Project. 2. Provide necessary field measurements 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: a. Conduct a meeting with the Owner to review the Preliminary Design Phase documents. b. Coordinate and supply necessary plans and design information for coordination of utility relocations in accordance with 105 IAC 13. c. Pavement replacement will be per the City of South Bend typical pavement section. Curb replacement will match the existing. 6. Furnish a PDF for review of the Preliminary Design Phase documents and any other deliverables to Owner within 21 calendar days of authorization to proceed with this phase, and review them with Owner. Within 3 calendar days of receipt, Owner shall submit to Engineer 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 a pdf of the revised Preliminary Design Phase documents, revised opinion of probable Construction Cost, and any other deliverables within 3 calendar days after receipt of Owner’s comments. B. Engineer’s services under the Preliminary Design Phase will be considered complete on the date when the revised Preliminary Design Phase documents, revised opinion of probable Construction Cost, and any other deliverables have been delivered to Owner. Amendment to Owner-Engineer Agreement Page 3 (Exhibit A-1 – Engineer’s Services) EJCDC® E-570, Agreement Between Engineer and Owner for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2021.01526 A1.02 Preliminary Design Phase for Owner’s Project Number 124-008 A. Upon written authorization from Owner, Engineer shall: 1. Attend 1 (one) site visit with Owner to determine the scope of repairs of this project. This is anticipated to include the replacement of the timbers that span between the steel plate girders, replacement of the timber deck, and spot replacement of the East Bank Trail asphalt path adjacent to the bridge. 2. Prepare a short memo comparing four deck materials for the replacement of the timber deck: timber, composite fiber-reinforced polymer, concrete, and asphalt. The memo will include an opinion of probable construction cost for each option and recommendation of deck material. 3. Perform or provide the following additional Preliminary Design Phase tasks or deliverables: a. Conduct a meeting with Owner to review the Preliminary Design Phase documents. b. The pedestrian railing is assumed to be replaced with a chain link fence which matches the existing pedestrian railing. c. Coordinate and supply necessary plans and design information for coordination of utility relocations in accordance with 105 IAC 13. 4. Furnish a PDF for review of the Preliminary Design Phase documents and any other deliverables to Owner within 49 calendar days of authorization to proceed with this phase, and review them with Owner. Within 7 calendar days of receipt, Owner shall submit to Engineer any comments regarding the Preliminary Design Phase documents and any other deliverables. 5. Revise the Preliminary Design Phase documents and any other deliverables in response to Owner’s comments, as appropriate, and furnish to Owner a pdf of the revised Preliminary Design Phase documents, revised opinion of probable Construction Cost, and any other deliverables within 7 calendar days after receipt of Owner’s comments. B. Engineer’s services under the Preliminary Design Phase will be considered complete on the date when the revised Preliminary Design Phase documents, revised opinion of probable Construction Cost, and any other deliverables have been delivered to Owner. A1.03. Final Design Phase for Owner’s Project Number 121-075 A. After acceptance by Owner of the Preliminary Design Phase documents, revised opinion of probable Construction Cost as determined in the Preliminary Design Phase, and any other deliverables subject to any Owner-directed modifications or changes in the scope, extent, character, or design requirements of or for the Project, and upon written authorization from Owner, Engineer shall: 1. Prepare final Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. 2. Advise Owner of any adjustments to the opinion of probable Construction Cost known to Engineer. 3. Perform or provide the following additional Final Design Phase tasks or deliverables: Amendment to Owner-Engineer Agreement Page 4 (Exhibit A-1 – Engineer’s Services) EJCDC® E-570, Agreement Between Engineer and Owner for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2021.01526 a. Conduct a meeting with the Owner to review the Preliminary Design Phase documents. b. Obtain a work plan from all utility owners as documentation of coordination. c. Provide technical criteria, written descriptions, and design data for Owner’s use in filing for reimbursement from the insurance company of the driver who struck the bridge with a truck. 4. 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 5 days of receipt, Owner shall submit to Engineer any comments and, subject to the provisions of Paragraph 6.01.G, instructions for revisions. 5. Revise the bidding documents in accordance with comments and instructions from the Owner, as appropriate, and submit a final PDF of the bidding documents, a revised opinion of probable Construction Cost, and any other deliverables to Owner within 3 calendar days after receipt of Owner’s comments and instructions. B. Engineer’s services under the Final Design Phase will be considered complete on the date when the submittals required by Paragraph A1.02.A.5 have been delivered to Owner. C. In the event that the Work designed or specified by Engineer is to be performed or furnished under more than one prime contract, or if Engineer’s services are to be separately sequenced with the work of one or more prime Contractors (such as in the case of fast-tracking), Owner and Engineer shall, prior to commencement of the Final Design Phase, develop a schedule for performance of Engineer’s services during the Final Design, Bidding or Negotiating, Construction, and Post-Construction Phases in order to sequence and coordinate properly such services as are applicable to the work under such separate prime contracts. This schedule is to be prepared and included in or become an amendment to Exhibit A whether or not the work under such contracts is to proceed concurrently. D. The number of prime contracts for Work designed or specified by Engineer upon which the Engineer’s compensation has been established under this Agreement is one (1). If more prime contracts are awarded, Engineer shall be entitled to an equitable increase in its compensation under this Agreement. A1.04 Final Design Phase for Owner’s Project Number 124-008 A. After acceptance by Owner of the Preliminary Design Phase documents, revised opinion of probable Construction Cost as determined in the Preliminary Design Phase, and any other deliverables subject to any Owner-directed modifications or changes in the scope, extent, character, or design requirements of or for the Project, and upon written authorization from Owner, Engineer shall: 1. Prepare final Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. 2. Advise Owner of any adjustments to the opinion of probable Construction Cost known to Engineer. 3. Perform or provide the following additional Final Design Phase tasks or deliverables: a. Obtain a work plan from all utility owners as documentation of coordination b. Topographic survey to establish vertical control for the contractor to build the concrete deck Amendment to Owner-Engineer Agreement Page 5 (Exhibit A-1 – Engineer’s Services) EJCDC® E-570, Agreement Between Engineer and Owner for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2021.01526 4. Prepare and furnish bidding documents for review by Owner, its legal counsel, and other advisors within 42 calendar days of authorization to proceed with this phase, and assist Owner in the preparation of other related documents. Within 7 days of receipt, Owner shall submit to Engineer any comments and, subject to the provisions of Paragraph 6.01.G of the Agreement, instructions for revisions. 5. Revise the opinion of probable Construction Cost in accordance with comments and instruction from the Owner, as appropriate, and submit a PDF of the revised opinion of probable Construction Cost to Owner within 7 calendar days after receipt of Owner’s comments and instructions. Within 7 days of receipt, Owner shall submit to Engineer the MWBE goals for the construction contract. 6. Revise the bidding documents in accordance with comments and instructions from the Owner, as appropriate, and submit a final PDF of the bidding documents, a revised opinion of probable Construction Cost, and any other deliverables to Owner within 28 calendar days after receipt of Owner’s comments and instructions. B. Engineer’s services under the Final Design Phase will be considered complete on the date when the submittals required by Paragraph A1.02.A.5 have been delivered to Owner. A1.05. Bidding or Negotiating Phase for Owner’s Project Number 121-075 A. After acceptance by Owner of the bidding documents and the most recent opinion of probable Construction Cost as determined in the Final Design Phase, and upon written authorization by Owner to proceed, Engineer shall: 1. Assist Owner in advertising for and obtaining bids or proposals for the Work and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, 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 Engineer shall evaluate and determine the acceptability of "or equals" and substitute materials and equipment proposed by bidders, but subject to the provisions of paragraph A2.02.A.2 of this Exhibit A. 6. Attend the Bid opening, prepare Bid tabulation sheets, and assist Owner in evaluating Bids or proposals and in assembling and awarding contracts for the Work. 7. Perform or provide the following additional Bidding or Negotiating Phase tasks or deliverables: None Amendment to Owner-Engineer Agreement Page 6 (Exhibit A-1 – Engineer’s Services) EJCDC® E-570, Agreement Between Engineer and Owner for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2021.01526 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). A1.06 Bidding or Negotiation Phase for Owner’s Project Number 124-008 A. After acceptance by Owner of the bidding documents and the most recent opinion of probable Construction Cost as determined in the Final Design Phase, and upon written authorization by Owner to proceed, Engineer shall: 1. Assist Owner in advertising for and obtaining bids or proposals for the Work and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, and attend pre-bid conferences, if any. 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 Engineer shall evaluate and determine the acceptability of "or equals" and substitute materials and equipment proposed by bidders, but subject to the provisions of paragraph A2.02.A.2 of Exhibit A of the Agreement. 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: None 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 the Agreement). A1.07. Construction Phase for Owner’s Project Number 121-075 A. Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from Owner, Engineer shall: 1. General Administration of Construction Contract: Consult with Owner and act as Owner’s representative as provided in the Construction Contract. The extent and limitations of the duties, responsibilities, and authority of Engineer as assigned in the Construction Contract shall not be modified, except as Engineer may otherwise agree in writing. All of Owner’s instructions to Contractor will be issued through Engineer, which shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and the Construction Contract except as otherwise provided in writing. Amendment to Owner-Engineer Agreement Page 7 (Exhibit A-1 – Engineer’s Services) EJCDC® E-570, Agreement Between Engineer and Owner for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2021.01526 2. Resident Project Representative (RPR): Provide the services of an RPR at the Site to assist the Engineer and to provide more extensive observation of Contractor’s work. Duties, responsibilities, and authority of the RPR are as set forth in Exhibit D. The furnishing of such RPR’s services will not limit, extend, or modify Engineer’s responsibilities or authority except as expressly set forth in Exhibit D. 3. Selecting Independent Testing Laboratory: Assist Owner in the selection of an independent testing laboratory to perform the services identified in Exhibit B, Paragraph B2.01.P. 4. Pre-Construction Conference: Participate in a Pre-Construction Conference prior to commencement of Work at the Site. 5. Schedules: Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to Engineer, including the Progress Schedule, Schedule of Submittals, and Schedule of Values. 6. Baselines and Benchmarks: As appropriate, establish baselines and benchmarks for locating the Work which in Engineer’s judgment are necessary to enable Contractor to proceed. 7. Visits to Site and Observation of Construction: In connection with observations of Contractor’s Work while it is in progress: a. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, to observe as an experienced and qualified design professional the progress of Contractor’s executed Work. Such visits and observations by Engineer, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of Contractor’s Work in progress or to involve detailed inspections of Contractor’s Work in progress beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer’s exercise of professional judgment, as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and observations, Engineer will determine in general if the Work is proceeding in accordance with the Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. b. The purpose of Engineer’s visits to, and representation by the Resident Project Representative, if any, at the Site, will be to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the exercise of Engineer’s efforts as an experienced and qualified design professional, to provide for Owner a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Engineer shall not, during such visits or as a result of such observations of Contractor’s Work in progress, supervise, direct, or have control over Contractor’s Work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to Contractor’s Work, nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. Accordingly, Engineer neither guarantees the performance of any Contractor nor assumes responsibility Amendment to Owner-Engineer Agreement Page 8 (Exhibit A-1 – Engineer’s Services) EJCDC® E-570, Agreement Between Engineer and Owner for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2021.01526 for any Contractor’s failure to furnish or perform the Work in accordance with the Contract Documents. 8. Defective Work: Reject Work if, on the basis of Engineer’s observations, Engineer believes that such Work (a) is defective under the standards set forth in the Contract Documents, (b) will not produce a completed Project that conforms to the Contract Documents, or (c) will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 9. Clarifications and Interpretations; Field Orders: Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor’s work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Subject to any limitations in the Contract Documents, Engineer may issue field orders authorizing minor variations in the Work from the requirements of the Contract Documents. 10. Change Orders and Work Change Directives: Recommend change orders and work change directives to Owner, as appropriate, and prepare change orders and work change directives as required. 11. Shop Drawings and Samples: Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Engineer shall meet any Contractor’s submittal schedule that Engineer has accepted. 12. Substitutes and “or-equal”: Evaluate and determine the acceptability of substitute or “or- equal” materials and equipment proposed by Contractor, but subject to the provisions of Paragraph A2.02.A.2 of this Exhibit A. 13. Inspections and Tests: Require such special inspections or tests of Contractor’s work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Contract Documents. Engineer’s review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. Engineer shall be entitled to rely on the results of such tests. 14. Disagreements between Owner and Contractor: Render formal written decisions on all duly submitted issues relating to the acceptability of Contractor’s work or the interpretation of the requirements of the Contract Documents pertaining to the execution, performance, or progress of Contractor’s Work; review each duly submitted Claim by Owner or Contractor, and in writing either deny such Claim in whole or in part, approve such Claim, or decline to resolve such Claim if Engineer in its discretion concludes that to do so would be inappropriate. In rendering such decisions, Engineer shall be fair and not show partiality to Owner or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. Amendment to Owner-Engineer Agreement Page 9 (Exhibit A-1 – Engineer’s Services) EJCDC® E-570, Agreement Between Engineer and Owner for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2021.01526 15. Applications for Payment: Based on Engineer’s observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineer’s representation to Owner, based on such observations and review, that, to the best of Engineer’s knowledge, information and belief, Contractor’s Work has progressed to the point indicated, the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe Contractor’s Work. In the case of unit price work, Engineer’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s Work (subject to any subsequent adjustments allowed by the Contract Documents). b. By recommending any payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of Contractor’s Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor’s Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control Contractor’s Work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor’s compliance with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the Work in progress, materials, or equipment has passed to Owner free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid. 16. Contractor’s Completion Documents: Receive, review, and transmit to Owner maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and other data approved as provided under Paragraph A1.07.A.11, and transmit the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. The extent of such review by Engineer will be limited as provided in Paragraph A1.07.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, Engineer considers the Work substantially complete, Engineer shall deliver a certificate of Substantial Completion to Owner and Contractor. Amendment to Owner-Engineer Agreement Page 10 (Exhibit A-1 – Engineer’s Services) EJCDC® E-570, Agreement Between Engineer and Owner for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2021.01526 18. Additional Tasks: Perform or provide the following additional Construction Phase tasks or deliverables: a. Continue coordination with utility owners which require relocation until the relocation is completed. 19. Final Notice of Acceptability of the Work: Conduct a final visit to the Project to determine if the completed Work of Contractor is acceptable so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a notice in the form attached hereto as Exhibit E (the “Notice of Acceptability of Work”) that the Work is acceptable (subject to the provisions of Paragraph A1.04.A.15.b) to the best of Engineer’s knowledge, information, and belief and based on the extent of the services provided by Engineer under this Agreement. B. Duration of Construction Phase: The Construction Phase will commence with the execution of the first Construction Contract for the Project or any part thereof and will terminate upon written recommendation by Engineer for final payment to Contractors. If the Project involves more than one prime contract as indicated in Paragraph A1.03.C, then Construction Phase services may be rendered at different times in respect to the separate contracts. Subject to the provisions of Article 3, Engineer shall be entitled to an equitable increase in compensation if Construction Phase services (including Resident Project Representative services, if any) are required after the original date for completion and readiness for final payment of Contractor as set forth in the Construction Contract. C. Limitation of Responsibilities: Engineer shall not be responsible for the acts or omissions of any Contractor, Subcontractor or Supplier, or other individuals or entities performing or furnishing any of the Work, for safety or security at the Site, or for safety precautions and programs incident to Contractor's Work, during the Construction Phase or otherwise. Engineer shall not be responsible for the failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. A1.08 Construction Phase for Owner’s Project Number 124-008 A. Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from Owner, Engineer shall: 1. General Administration of Construction Contract: Consult with Owner and act as Owner’s representative as provided in the Construction Contract. The extent and limitations of the duties, responsibilities, and authority of Engineer as assigned in the Construction Contract shall not be modified, except as Engineer may otherwise agree in writing. All of Owner’s instructions to Contractor will be issued through Engineer, which shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and the Construction Contract except as otherwise provided in writing. 2. Resident Project Representative (RPR): Provide the services of an RPR at the Site to assist the Engineer and to provide more extensive observation of Contractor’s work. Duties, responsibilities, and authority of the RPR are as set forth in Exhibit D. The furnishing of such RPR’s services will not limit, extend, or modify Engineer’s responsibilities or authority except as expressly set forth in Exhibit D. Amendment to Owner-Engineer Agreement Page 11 (Exhibit A-1 – Engineer’s Services) EJCDC® E-570, Agreement Between Engineer and Owner for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2021.01526 3. Selecting Independent Testing Laboratory: Assist Owner in the selection of an independent testing laboratory to perform the services identified in Exhibit B, Paragraph B2.01.P. 4. Pre-Construction Conference: Participate in a Pre-Construction Conference prior to commencement of Work at the Site. 5. Schedules: Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to Engineer, including the Progress Schedule, Schedule of Submittals, and Schedule of Values. 6. Baselines and Benchmarks: As appropriate, establish baselines and benchmarks for locating the Work which in Engineer’s judgment are necessary to enable Contractor to proceed. 7. Visits to Site and Observation of Construction: In connection with observations of Contractor’s Work while it is in progress: a. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, to observe as an experienced and qualified design professional the progress of Contractor’s executed Work. Such visits and observations by Engineer, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of Contractor’s Work in progress or to involve detailed inspections of Contractor’s Work in progress beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer’s exercise of professional judgment, as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and observations, Engineer will determine in general if the Work is proceeding in accordance with the Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. b. The purpose of Engineer’s visits to, and representation by the Resident Project Representative, if any, at the Site, will be to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the exercise of Engineer’s efforts as an experienced and qualified design professional, to provide for Owner a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Engineer shall not, during such visits or as a result of such observations of Contractor’s Work in progress, supervise, direct, or have control over Contractor’s Work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to Contractor’s Work, nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. Accordingly, Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor’s failure to furnish or perform the Work in accordance with the Contract Documents. 8. Defective Work: Reject Work if, on the basis of Engineer’s observations, Engineer believes that such Work (a) is defective under the standards set forth in the Contract Documents, (b) will not produce a completed Project that conforms to the Contract Documents, or (c) will imperil the Amendment to Owner-Engineer Agreement Page 12 (Exhibit A-1 – Engineer’s Services) EJCDC® E-570, Agreement Between Engineer and Owner for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2021.01526 integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 9. Clarifications and Interpretations; Field Orders: Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor’s work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Subject to any limitations in the Contract Documents, Engineer may issue field orders authorizing minor variations in the Work from the requirements of the Contract Documents. 10. Change Orders and Work Change Directives: Recommend change orders and work change directives to Owner, as appropriate, and prepare change orders and work change directives as required. 11. Shop Drawings and Samples: Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Engineer shall meet any Contractor’s submittal schedule that Engineer has accepted. 12. Substitutes and “or-equal”: Evaluate and determine the acceptability of substitute or “or- equal” materials and equipment proposed by Contractor, but subject to the provisions of Paragraph A2.02.A.2 of this Exhibit A. 13. Inspections and Tests: Require such special inspections or tests of Contractor’s work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Contract Documents. Engineer’s review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. Engineer shall be entitled to rely on the results of such tests. 14. Disagreements between Owner and Contractor: Render formal written decisions on all duly submitted issues relating to the acceptability of Contractor’s work or the interpretation of the requirements of the Contract Documents pertaining to the execution, performance, or progress of Contractor’s Work; review each duly submitted Claim by Owner or Contractor, and in writing either deny such Claim in whole or in part, approve such Claim, or decline to resolve such Claim if Engineer in its discretion concludes that to do so would be inappropriate. In rendering such decisions, Engineer shall be fair and not show partiality to Owner or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 15. Applications for Payment: Based on Engineer’s observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineer’s Amendment to Owner-Engineer Agreement Page 13 (Exhibit A-1 – Engineer’s Services) EJCDC® E-570, Agreement Between Engineer and Owner for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2021.01526 representation to Owner, based on such observations and review, that, to the best of Engineer’s knowledge, information and belief, Contractor’s Work has progressed to the point indicated, the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe Contractor’s Work. In the case of unit price work, Engineer’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s Work (subject to any subsequent adjustments allowed by the Contract Documents). b. By recommending any payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of Contractor’s Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor’s Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control Contractor’s Work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor’s compliance with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the Work in progress, materials, or equipment has passed to Owner free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid. 16. Contractor’s Completion Documents: Receive, review, and transmit to Owner maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and other data approved as provided under Paragraph A1.07.A.11, and transmit the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. The extent of such review by Engineer will be limited as provided in Paragraph A1.07.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, Engineer considers the Work substantially complete, Engineer shall deliver a certificate of Substantial Completion to Owner and Contractor. 18. Additional Tasks: Perform or provide the following additional Construction Phase tasks or deliverables: a. Continue coordination with utility owners which require relocation until the relocation is completed. Amendment to Owner-Engineer Agreement Page 14 (Exhibit A-1 – Engineer’s Services) EJCDC® E-570, Agreement Between Engineer and Owner for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2021.01526 19. Final Notice of Acceptability of the Work: Conduct a final visit to the Project to determine if the completed Work of Contractor is acceptable so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a notice in the form attached hereto as Exhibit E (the “Notice of Acceptability of Work”) that the Work is acceptable (subject to the provisions of Paragraph A1.04.A.15.b) to the best of Engineer’s knowledge, information, and belief and based on the extent of the services provided by Engineer under this Agreement. B. Duration of Construction Phase: The Construction Phase will commence with the execution of the first Construction Contract for the Project or any part thereof and will terminate upon written recommendation by Engineer for final payment to Contractors. If the Project involves more than one prime contract as indicated in Paragraph A1.03.C, then Construction Phase services may be rendered at different times in respect to the separate contracts. Subject to the provisions of Article 3, Engineer shall be entitled to an equitable increase in compensation if Construction Phase services (including Resident Project Representative services, if any) are required after the original date for completion and readiness for final payment of Contractor as set forth in the Construction Contract. C. Limitation of Responsibilities: Engineer shall not be responsible for the acts or omissions of any Contractor, Subcontractor or Supplier, or other individuals or entities performing or furnishing any of the Work, for safety or security at the Site, or for safety precautions and programs incident to Contractor's Work, during the Construction Phase or otherwise. Engineer shall not be responsible for the failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. A1.09. Post-Construction Phase for Owner’s Project Number 121-075 A. Upon written authorization from Owner during the Post-Construction Phase Engineer shall: 1. Together with Owner, visit the Project to observe any apparent defects in the Work, assist Owner in consultations and discussions with Contractor concerning correction of any such defects, and make recommendations as to replacement or correction of defective Work, if any. 2. Together with Owner or Owner’s representative, visit the Project within one month before the end of the correction period to ascertain whether any portion of the Work is subject to correction. 3. Perform or provide the following additional Post-Construction Phase tasks or deliverables: None. B. The Post-Construction Phase services may commence during the Construction Phase and, if not otherwise modified in this Exhibit A, will terminate twelve months after the commencement of the Construction Contract’s correction period. A1.10 Post Construction Phase for Owner’s Project Number 124-008 A. Upon written authorization from Owner during the Post-Construction Phase Engineer shall: 1. Together with Owner, visit the Project to observe any apparent defects in the Work, assist Owner in consultations and discussions with Contractor concerning correction of any such defects, and make recommendations as to replacement or correction of defective Work, if any. Amendment to Owner-Engineer Agreement Page 15 (Exhibit A-1 – Engineer’s Services) EJCDC® E-570, Agreement Between Engineer and Owner for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2021.01526 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: None. B. The Post-Construction Phase services may commence during the Construction Phase and, if not otherwise modified in Exhibit A of the Agreement, 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 for Owner’s Project Number 121- 075 and Owner’s Project Number 124-008 A. If authorized in writing by Owner, Engineer shall furnish or obtain from others Additional Services of the types listed below. 1. Preparation of 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 existing conditions, or to verify the accuracy of drawings or other information furnished by Owner or others. 3. Environmental services, including determining if the bridge is historic. 4. Geotechnical Engineering Services or Pavement Design. 5. Services resulting from significant changes in the scope, extent, or character of the portions of the Project designed or specified by Engineer or its design requirements including, but not limited to, changes in size, complexity, Owner’s schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date or are due to any other causes beyond Engineer’s control. 6. Services resulting from Owner’s request to evaluate additional Study and Report Phase alternative solutions beyond those completed under previous contracts. 7. Services required as a result of Owner’s providing incomplete or incorrect Project information to Engineer. 8. Providing renderings or models for Owner’s use. 9. Furnishing services of Consultants for other than Basic Services. 10. Services attributable to more prime construction contracts than specified in Paragraph A1.03.D. Amendment to Owner-Engineer Agreement Page 16 (Exhibit A-1 – Engineer’s Services) EJCDC® E-570, Agreement Between Engineer and Owner for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2021.01526 11. Services during out-of-town travel required of Engineer other than for visits to the Site or Owner’s office. 12. 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. 13. Preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by Owner for the Work or a portion thereof. 14. 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. 15. Providing construction surveys and staking to enable Contractor to perform its work other than as required under Paragraph A1.07.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. 16. Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor. 17. Providing assistance in responding to the presence of any Constituent of Concern at the Site, in compliance with current Laws and Regulations. 18. Preparing Record Drawings showing appropriate record information based on Project annotated record documents received from Contractor, and furnishing such Record Drawings to Owner. 19. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration, or other dispute resolution process related to the Project. 20. Providing more extensive services required to enable Engineer to issue notices or certifications requested by Owner. 21. Assistance to Owner in training Owner’s staff to maintain Project bridge asset. 22. Assistance to Owner in developing procedures for (a) maintenance of Project bridge asset, and (b) related record-keeping. 23. Overtime work requiring higher than regular rates. 24. Other services performed or furnished by Engineer not otherwise provided for in this Agreement. 25. Pavement design for the East Bank Trail 26. Design of a pedestrian railing which is not a chain link fence. Design of the connection of a pedestrian railing to the bridge deck which is not a chain link fence. Writing the specifications of a pedestrian railing which is not a chain link fence. Amendment to Owner-Engineer Agreement Page 17 (Exhibit A-1 – Engineer’s Services) EJCDC® E-570, Agreement Between Engineer and Owner for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2021.01526 27. Design of rehabilitation or repair of the East Bank Trail beyond the bridge structure. 28. Structural or aesthetic design of a new pedestrian railing. 29. Design of a deck material other than chosen by the Owner during the Preliminary Design phase. 30. Design of the replacement or retrofit of the electrical utility currently on the bridge deck. This will be performed by the utility (City of South Bend) or the Contractor in accordance with the bid documents. A2.03 Additional Services Not Requiring Owner’s Written Authorization A. Engineer shall advise Owner in advance that Engineer is will immediately commence to perform or furnish the Additional Services of the types listed below. For such Additional Services, Engineer need not request or obtain specific advance written authorization from Owner. Engineer shall cease performing or furnishing such Additional Services upon receipt of written notice from Owner. 1. Services in connection with work change directives and change orders to reflect changes requested by Owner. 2. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than “or-equal” items; services after the award of the Construction Contract in evaluating and determining the acceptability of a proposed "or equal" or substitution which is found to be inappropriate for the Project; evaluation and determination of an excessive number of proposed "or equals" or substitutions, whether proposed before or after award of the Construction Contract. 3. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment, or energy shortages. 4. Additional or extended services during construction made necessary by (1) emergencies or acts of God endangering the Work (advance notice not required), (2) the presence at the Site of any Constituent of Concern or items of historical or cultural significance, (3) Work damaged by fire or other cause during construction, (4) a significant amount of defective, neglected, or delayed work by Contractor, (5) acceleration of the progress schedule involving services beyond normal working hours, or (6) default by Contractor. 5. Services (other than Basic Services during the Post-Construction Phase) in connection with any partial utilization of any part of the Work by Owner prior to Substantial Completion. 6. Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in connection with the Work. 7. Services during the Construction Phase rendered after the original date for completion of the Work referred to in A1.05.B. 8. Reviewing a Shop Drawing more than three times, as a result of repeated inadequate submissions by Contractor. Amendment to Owner-Engineer Agreement Page 18 (Exhibit A-1 – Engineer’s Services) EJCDC® E-570, Agreement Between Engineer and Owner for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2021.01526 9. While at the Site, compliance by Engineer and its staff with those terms of Owner's or Contractor's safety program provided to Engineer subsequent to the Effective Date that exceed those normally required of engineering personnel by federal, state, or local safety authorities for similar construction sites. Page 1 Exhibit C-1 –Compensation Packet BC-2: Basic Services (other than RPR) – Standard Hourly Rates Method of Payment EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT C-1, consisting of 6 pages, replacing in its entirety Exhibit C set forth in the Agreement Payments to Engineer for Services and Reimbursable Expenses COMPENSATION PACKET BC-2: Basic Services – Standard Hourly Rates Article 2 of the Agreement is supplemented to include the following agreement of the parties: ARTICLE 2 – OWNER’S RESPONSIBILITIES C2.01 Compensation For Basic Services (other than Resident Project Representative) – Standard Hourly Rates Method of Payment A. Owner shall pay Engineer for Basic Services set forth in Exhibit A, except for services of Engineer’s Resident Project Representative, if any, as follows: 1. An amount equal to the cumulative hours charged to the Project by each class of Engineer’s personnel times Standard Hourly Rates for each applicable billing class for all services performed on the Project, plus Reimbursable Expenses and Engineer’s Consultants' charges, if any. 2. Engineer’s Reimbursable Expenses Schedule and Standard Hourly Rates are attached to this Exhibit C as Appendices 1 and 2. 3. The total compensation for services under Paragraph C2.01 is estimated to be $132,270 (compensation for Project No. 121-075: $57,514.40 and compensation for Project No. 124- 008: $74,755.60), based on the following estimated distribution of compensation: a. Preliminary Design Phase Project No. 121-075 $_19,003.81______________ b. Preliminary Design Phase Project No. 124-008 $_15,900________________ c. Final Design Phase Project No. 121-075 $_28,353.47______________ d. Final Design Phase Project No. 124-008 $_52,300________________ e. Bidding and Construction Phase Project No. 121-075 $_9,681.63_______________ f. Bidding and Construction Phase Project No. 124-008 $_7,600_________________ g. Post-Construction Phase Project No. 121-075 $_475.52________________ h. Post-Construction Phase No. 124-008 $_0_____________________ 4. Engineer may alter the distribution of compensation between individual phases of the work noted herein to be consistent with services actually rendered, but shall not exceed the total estimated compensation amount unless approved in writing by Owner. See also C2.03.C.2 below. Page 2 Exhibit C-1 –Compensation Packet BC-2: Basic Services (other than RPR) – Standard Hourly Rates Method of Payment EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 5. The total estimated compensation for Engineer’s services included in the breakdown by phases as noted in Paragraph C2.01.A.3 incorporates all labor, overhead, profit, Reimbursable Expenses and Engineer’s Consultants' charges. 6. The amounts billed for Engineer’s services under Paragraph C2.01 will be based on the cumulative hours charged to the Project during the billing period by each class of Engineer’s employees times Standard Hourly Rates for each applicable billing class, plus Reimbursable Expenses and Engineer’s Consultants' charges. 7. The Standard Hourly Rates and Reimbursable Expenses Schedule will be adjusted annually (as of August) to reflect equitable changes in the compensation payable to Engineer. C2.02 Compensation For Reimbursable Expenses A. Owner shall pay Engineer for all Reimbursable Expenses at the rates set forth in Appendix 1 to this Exhibit C. B. Reimbursable Expenses include the following categories: transportation and subsistence incidental thereto; providing and maintaining field office facilities including furnishings and utilities; toll telephone calls and mobile phone charges; reproduction of reports, Drawings, Specifications, Bidding Documents, and similar Project-related items in addition to those required under Exhibit A. In addition, if authorized in advance by Owner, Reimbursable Expenses will also include expenses incurred for the use of highly specialized equipment. C. The amounts payable to Engineer for Reimbursable Expenses will be the Project-related internal expenses actually incurred or allocated by Engineer, plus all invoiced external Reimbursable Expenses allocable to the Project, the latter multiplied by a factor of 1.0 . C2.03 Other Provisions Concerning Payment A. Whenever Engineer is entitled to compensation for the charges of Engineer’s Consultants, those charges shall be the amounts billed by Engineer’s Consultants to Engineer times a factor of 1.0 . B. Factors. The external Reimbursable Expenses and Engineer’s Consultants' factors include Engineer’s overhead and profit associated with Engineer’s responsibility for the administration of such services and costs. Page 3 Exhibit C-1 –Compensation Packet BC-2: Basic Services (other than RPR) – Standard Hourly Rates Method of Payment EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. C. Estimated Compensation Amounts: 1. Engineer’s estimate of the amounts that will become payable for specified services are only estimates for planning purposes, are not binding on the parties, and are not the minimum or maximum amounts payable to Engineer under the Agreement. 2. When estimated compensation amounts have been stated herein and it subsequently becomes apparent to Engineer that the total compensation amount thus estimated will be exceeded, Engineer shall give Owner written notice thereof, allowing Owner to consider its options, including suspension or termination of Engineer's services for Owner's convenience. Upon notice, Owner and Engineer promptly shall review the matter of services remaining to be performed and compensation for such services. Owner shall either exercise its right to suspend or terminate Engineer's services for Owner's convenience, agree to such compensation exceeding said estimated amount, or agree to a reduction in the remaining services to be rendered by Engineer, so that total compensation for such services will not exceed said estimated amount when such services are completed. If Owner decides not to suspend the Engineer's services during the negotiations and Engineer exceeds the estimated amount before Owner and Engineer have agreed to an increase in the compensation due Engineer or a reduction in the remaining services, then Engineer shall be paid for all services rendered hereunder. D. To the extent necessary to verify Engineer’s charges and upon Owner’s timely request, Engineer shall make copies of such records available to Owner at cost. Page 1 Exhibit C – Compensation Packet RPR-2: Resident Project Representative Services Standard Hourly Rates Method of Payment EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. COMPENSATION PACKET RPR-2: Resident Project Representative – Standard Hourly Rates Article 2 of the Agreement is supplemented to include the following agreement of the parties: C2.04 Compensation for Resident Project Representative Basic Services – Standard Hourly Rates Method of Payment A. Owner shall pay Engineer for Resident Project Representative Basic Services as follows: 1. Resident Project Representative Services: For services of Engineer’s Resident Project Representative under Paragraph A1.04A of Exhibit A, an amount equal to the cumulative hours charged to the Project by each class of Engineer’s personnel times Standard Hourly Rates for each applicable billing class for all Resident Project Representative services performed on the Project, plus related Reimbursable Expenses and Engineer’s Consultant’s charges, if any. The total compensation under this Paragraph is estimated to be $18,361.21 for Project No. 121-075 and $28,000 for Project No. 124-008 based upon part-time RPR services on an eight-hour workday, three days a week of Monday through Friday, over a six (6) week construction schedule for each Project. B. Compensation for Reimbursable Expenses: 1. For those Reimbursable Expenses that are not accounted for in the compensation for Basic Services under Paragraph C2.01, and are directly related to the provision of Resident Project Representative or Post-Construction Basic Services, Owner shall pay Engineer at the rates set forth in Appendix 1 to this Exhibit C. 2. Reimbursable Expenses include the following categories: transportation and subsistence incidental thereto; subsistence and transportation of Resident Project Representative and assistants; toll telephone calls and mobile phone charges; reproduction of reports, Drawings, Specifications, Bidding Documents, and similar Project-related items in addition to those required under Exhibit A. In addition, if authorized in advance by Owner, Reimbursable Expenses will also include expenses incurred for the use of highly specialized equipment. 3. The amounts payable to Engineer for Reimbursable Expenses, if any, will be those internal expenses related to the Resident Project Representative Basic Services that are actually incurred or allocated by Engineer, plus all invoiced external Reimbursable Expenses allocable to such services, the latter multiplied by a factor of 1.0 . 4. The Reimbursable Expenses Schedule will be adjusted annually (as of August) to reflect equitable changes in the compensation payable to Engineer. C. Other Provisions Concerning Payment Under this Paragraph C2.04: 1. Whenever Engineer is entitled to compensation for the charges of Engineer’s Consultants, those charges shall be the amounts billed by Engineer’s Consultants to Engineer times a factor of 1.0. Page 2 Exhibit C – Compensation Packet RPR-2: Resident Project Representative Services Standard Hourly Rates Method of Payment EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2. Factors: The external Reimbursable Expenses and Engineer’s Consultant’s factors include Engineer’s overhead and profit associated with Engineer’s responsibility for the administration of such services and costs. 3. Estimated Compensation Amounts: a. Engineer’s estimate of the amounts that will become payable for specified services are only estimates for planning purposes, are not binding on the parties, and are not the minimum or maximum amounts payable to Engineer under the Agreement. b. When estimated compensation amounts have been stated herein and it subsequently becomes apparent to Engineer that the total compensation amount thus estimated will be exceeded, Engineer shall give Owner written notice thereof, allowing Owner to consider its options, including suspension or termination of Engineer's services for Owner's convenience. Upon notice Owner and Engineer promptly shall review the matter of services remaining to be performed and compensation for such services. Owner shall either exercise its right to suspend or terminate Engineer's services for Owner's convenience, agree to such compensation exceeding said estimated amount, or agree to a reduction in the remaining services to be rendered by Engineer, so that total compensation for such services will not exceed said estimated amount when such services are completed. If Owner decides not to suspend Engineer's services during negotiations and Engineer exceeds the estimated amount before Owner and Engineer have agreed to an increase in the compensation due Engineer or a reduction in the remaining services, then Engineer shall be paid for all services rendered hereunder. 4. To the extent necessary to verify Engineer’s charges and upon Owner’s timely request, Engineer shall make copies of such records available to Owner at cost. Page 1 Exhibit C – Compensation Packet AS-1: Additional Services – Standard Hourly Rates Method of Payment EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2021.01526 COMPENSATION PACKET AS-1: Additional Services – Standard Hourly Rates Article 2 of the Agreement is supplemented to include the following agreement of the parties: C2.05 Compensation for Additional Services – Standard Hourly Rates Method of Payment A. Owner shall pay Engineer for Additional Services, if any, as follows: 1. General: For services of Engineer’s personnel engaged directly on the Project pursuant to Paragraph A2.01 or A2.02 of Exhibit A, except for services as a consultant or witness under Paragraph A2.01.A.18, (which if needed shall be separately negotiated based on the nature of the required consultation or testimony) an amount equal to the cumulative hours charged to the Project by each class of Engineer’s personnel times Standard Hourly Rates for each applicable billing class for all Additional Services performed on the Project, plus related Reimbursable Expenses and Engineer’s Consultant’s charges, if any. B. Compensation For Reimbursable Expenses: 1. For those Reimbursable Expenses that are not accounted for in the compensation for Basic Services under Paragraph C2.01 and are directly related to the provision of Additional Services, Owner shall pay Engineer at the rates set forth in Appendix 1 to this Exhibit C. 2. Reimbursable Expenses include the following categories: transportation and subsistence incidental thereto; providing and maintaining field office facilities including furnishings and utilities; toll telephone calls and mobile phone charges; reproduction of reports, Drawings, Specifications, Bidding Documents, and similar Project-related items in addition to those required under Exhibit A. In addition, if authorized in advance by Owner, Reimbursable Expenses will also include expenses incurred for the use of highly specialized equipment. 3. The amounts payable to Engineer for Reimbursable Expenses, if any, will be the Additional Services-related internal expenses actually incurred or allocated by Engineer, plus all invoiced external Reimbursable Expenses allocable to such Additional Services, the latter multiplied by a factor of 1.0 4. The Reimbursable Expenses Schedule will be adjusted annually (as of August) to reflect equitable changes in the compensation payable to Engineer. C. Other Provisions Concerning Payment For Additional Services: 1. Whenever Engineer is entitled to compensation for the charges of Engineer’s Consultants, those charges shall be the amounts billed by Engineer’s Consultants to Engineer times a factor of 1.0. 2. Factors: The external Reimbursable Expenses and Engineer’s Consultant’s Factors include Engineer’s overhead and profit associated with Engineer’s responsibility for the administration of such services and costs. 3. To the extent necessary to verify Engineer’s charges and upon Owner’s timely request, Engineer shall make copies of such records available to Owner at cost. This is Appendix 2 to EXHIBIT C-1, consisting of 4 pages, replacing in its entirety Exhibit C of the Agreement. Standard Hourly Rates Schedule A. Standard Hourly Rate for Owner’s Project Number 121-075 1. Standard Hourly Rates are set forth in this Appendix 2 to this Exhibit C and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non-project operating costs, and operating margin or profit. 2. The Standard Hourly Rates apply only as specified in Article C2. B. Schedule: Hourly rates for Design services performed on or after the date of the Agreement are: Hourly rates for Construction Inspection services perform on or after the date of the Agreement are: C. Standard Hourly Rate for Owner’s Project Number 124-008 1. Standard Hourly Rates are set forth in this Appendix 2 to this Exhibit C and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non-project operating costs, and operating margin or profit. 2. The Standard Hourly Rates apply only as specified in Article C2. D. Schedule: 2021.01526.0003_South Bend, IN_STR CHK GOV Bridge_Rate Sheet_2024-01-12.xls American Structurepoint, Inc. January 12, 2024 Wage Rates - Escalated 1/1/2024 Certified Pay Rates 7/1/23 thru 6/30/24 7/1/24 thru 6/30/25 Fill In yellow cells 4.00% 36.58 38.04 57.23 59.52 45.24 47.05 19.00 19.76 31.84 33.11 107.08 111.36 51.21 53.26 81.34 84.59 54.18 56.35 40.75 42.38 51.26 53.31 72.13 75.02 60.88 63.32 66.50 69.16 48.08 50.00 68.13 70.86 51.09 53.13 51.92 54.00 35.68 37.11 24.50 25.48 29.00 30.16 35.66 37.09 37.89 39.41 24.44 25.42 31.37 32.62 Provisional Audited Overhead Rate:185.29%185.29% Overhead Amount 67.78 70.48 106.04 110.28 83.83 87.18 35.21 36.61 59.00 61.35 198.41 206.34 94.89 98.69 150.71 156.74 100.39 104.41 75.51 78.53 94.98 98.78 133.65 139.00 112.80 117.33 123.22 128.15 89.09 92.65 126.24 131.30 94.66 98.44 96.20 100.06 66.11 68.76 45.40 47.21 53.73 55.88 66.07 68.72 70.21 73.02 45.28 47.10 58.13 60.44 Profit (Fixed Fee) %15.00%15.00% Fixed Fee Amount 15.65 16.28 24.49 25.47 19.36 20.13 8.13 8.46 13.63 14.17 45.82 47.66 21.92 22.79 34.81 36.20 23.19 24.11 17.44 18.14 21.94 22.81 30.87 32.10 26.05 27.10 28.46 29.60 20.58 21.40 29.16 30.32 21.86 22.74 22.22 23.11 15.27 15.88 10.49 10.90 12.41 12.91 15.26 15.87 16.22 16.86 10.46 10.88 13.43 13.96 Cost of Money 0.54%0.54% COM Amount 0.20 0.21 0.31 0.32 0.24 0.25 0.10 0.11 0.17 0.18 0.58 0.60 0.28 0.29 0.44 0.46 0.29 0.30 0.22 0.23 0.28 0.29 0.39 0.41 0.33 0.34 0.36 0.37 0.26 0.27 0.37 0.38 0.28 0.29 0.28 0.29 0.19 0.20 0.13 0.14 0.16 0.16 0.19 0.20 0.20 0.21 0.13 0.14 0.17 0.18 120.21 125.01 188.07 195.59 148.67 154.61 62.44 64.94 104.64 108.81 351.89 365.96 168.30 175.03 267.30 277.99 178.05 185.17 133.92 139.28 168.46 175.19 237.04 246.53 200.06 208.09 218.54 227.28 158.01 164.32 223.90 232.86 167.89 174.60 170.62 177.46 117.25 121.95 80.52 83.73 95.30 99.11 117.18 121.88 124.52 129.50 80.31 83.54 103.10 107.20 Survey Crew Member Technician Survey Crew Member Technician Survey Crew Member Technician Survey Crew Member Technician Survey Crew Member Technician Environmental Specialist Staff Scientist Staff Planner Staff Scientist Landscape Architect Landscape Architect Senior Engineer Senior Registered Land Surveyor Principal Project Manager Resident Project Representative Senior Engineer Landscape Architect Project Manager Principal Staff Surveyor Staff Engineer Senior Technician Staff Surveyor Resident Project Representative Designer Environmental Specialist Resident Project Representative Senior Registered Land Surveyor Project Manager Survey Crew Chief Interns and Co-ops Construction Inspector Senior Environmental Specialist Project Manager Senior Designer Senior Engineer Landscape Architect Environmental Specialist Interns and Co-ops Registered Land Surveyor Resident Project Representative Senior Environmental Specialist Senior Registered Land Surveyor Project Manager Escalated Billing Rate Calculation Annual Increase Avg. Classification Designer Construction Inspector Senior Designer Resident Project Representative Staff Engineer Researcher Designer Senior Designer Staff Engineer Environmental Specialist Interns and Co-ops Registered Land Surveyor Senior Environmental Specialist Project Engineer Interns and Co-ops Construction Inspector Survey Crew Chief Construction Inspector Project Engineer Principal Senior Survey Crew Chief Senior Survey Crew Chief Survey Crew Chief Interns and Co-ops Principal Project Engineer Registered Land Surveyor Staff Planner Senior Registered Land Surveyor Senior Technician Researcher Staff Surveyor Environmental Specialist Researcher Registered Land Surveyor Senior Planner Construction Inspector Staff Scientist Senior Survey Crew Chief Senior Technician Designer Survey Crew Chief Staff Scientist Staff Planner Senior Designer Senior Engineer Staff Engineer Registered Land Surveyor Senior Planner Researcher Senior Technician Staff Planner Senior Survey Crew Chief Senior Engineer Senior Planner Senior Environmental Specialist Staff Surveyor Senior Technician Staff Engineer Senior Designer Researcher Designer Survey Crew Chief Project Engineer Escalated Billing Rate Principal Senior Environmental Specialist Senior Planner Project Engineer Staff Surveyor Landscape Architect Staff Planner Staff Scientist Senior Planner Senior Registered Land Surveyor Senior Survey Crew Chief 2021.01526.0003_South Bend, IN_STR CHK GOV Bridge_Rate Sheet_2024-01-12.xls Escalation Percent:4.00% Overhead Percent:185.29% Profit Percent:15.00% Cost of Money Percent:0.54% Wage Rates - Escalated 7/1/23 thru 6/30/24 7/1/24 thru 6/30/25 Classifications: Construction Inspector 120.21 125.01 Designer 188.07 195.59 Environmental Specialist 148.67 154.61 Interns and Co-ops 62.44 64.94 Landscape Architect 104.64 108.81 Principal 351.89 365.96 Project Engineer 168.30 175.03 Project Manager 267.30 277.99 Registered Land Surveyor 178.05 185.17 Researcher 133.92 139.28 Resident Project Representative 168.46 175.19 Senior Designer 237.04 246.53 Senior Engineer 200.06 208.09 Senior Environmental Specialist 218.54 227.28 Senior Planner 158.01 164.32 Senior Registered Land Surveyor 223.90 232.86 Senior Survey Crew Chief 167.89 174.60 Senior Technician 170.62 177.46 Staff Engineer 117.25 121.95 Staff Planner 80.52 83.73 Staff Scientist 95.30 99.11 Staff Surveyor 117.18 121.88 Survey Crew Chief 124.52 129.50 Survey Crew Member 80.31 83.54 Technician 103.10 107.20 WEIGHTED AVERAGE CALCULATION:Weighted Average 80.00%20.00%100.00% Construction Inspector 96.17$ 25.00$ 121.17$ Designer 150.46$ 39.12$ 189.58$ Environmental Specialist 118.94$ 30.92$ 149.86$ Interns and Co-ops 49.95$ 12.99$ 62.94$ Landscape Architect 83.71$ 21.76$ 105.47$ Principal 281.51$ 73.19$ 354.70$ Project Engineer 134.64$ 35.01$ 169.65$ Project Manager 213.84$ 55.60$ 269.44$ Registered Land Surveyor 142.44$ 37.03$ 179.47$ Researcher 107.14$ 27.86$ 135.00$ Resident Project Representative 134.77$ 35.04$ 169.81$ Senior Designer 189.63$ 49.31$ 238.94$ Senior Engineer 160.05$ 41.62$ 201.67$ Senior Environmental Specialist 174.83$ 45.46$ 220.29$ Senior Planner 126.41$ 32.86$ 159.27$ Senior Registered Land Surveyor 179.12$ 46.57$ 225.69$ Senior Survey Crew Chief 134.31$ 34.92$ 169.23$ Senior Technician 136.50$ 35.49$ 171.99$ Staff Engineer 93.80$ 24.39$ 118.19$ Staff Planner 64.42$ 16.75$ 81.17$ Staff Scientist 76.24$ 19.82$ 96.06$ Staff Surveyor 93.74$ 24.38$ 118.12$ Survey Crew Chief 99.62$ 25.90$ 125.52$ Survey Crew Member 64.25$ 16.71$ 80.96$ Technician 82.48$ 21.44$ 103.92$ % Work by Year American Structurepoint, Inc. January 12, 2024 2022 Year of Indirect Cost Submission 1/1/2024 Certified Payroll BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: May 21, 2024 Name: Chana Roschyk Department of Public Works – Engineering Division BPW Date: May 28, 2024 Phone Extension: 5922 Required Prior to Submittal to Board BPW Attorney X Attorney Name Dept. Attorney Attorney Name Purchasing Check the Appropriate Item Type – Required for All Submissions Professional Services Agreement Contract Proposal Open Market Contract Amendment/Addendum Special Purchase, QPA Bid Opening Bid Award Req. to Advertise Title Sheet Quote Opening Quote Award Reject Bids/Quotes Proposal Opening C/O & PCA No. PCA Chg. Order, No. Traffic Control Resolution Other: Ease./Encroach Required Information Company or Vendor Name American Structure Point New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Leeper Ave Bridge Repairs Project Number PROJ00000521 Proj. 124-008 Funding Source PO 15803 Account No. 226-04-405-411-439100--PROJ00000341, 429-10-102-121-442001-- PROJ00000341 Amount $44,632.00 Terms of Contract EJCDC Special Contract Provisions Purpose/Description Additional design services for bridge repair. For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: