HomeMy WebLinkAboutRESOLUTION NO. 2024-65RESOLUTION NO. 2024-65
RESOLUTION AUTHORIZING A PKOFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF FAIRFAX AND HALL AND
HALL ENGINEERS, INC.
WHEREAS, the Fairfax City Council intends to complete the design, public bidding and
construction for the new Water Supply Treatment Facilities, and possibly for Well No. 5 on the
Bellon / Africa property; and
WHEREAS, Hall and Hall Engineers, Inc. has submitted a Professional Services
A�-eement to provide design engineering, public bidding, & construction engineering services for
the design, public bidding, and construction engineering for the Water Supply Ti-eahnent Facilities
and Well No. 5 on the Bellon / Afi-ica propet-ty.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax,
Iowa, to enter into this Professional Services Agreement with I-Iall and Hall Engineers, Inc. as
attached.
BE IT FURTHER RESOLV�D, by the City Council of the City of Fairfax, Iowa, that
the Mayor and City Clerk are hereby authorized and directed to execute both this Resolution and
the Professional Services Agreeinent.
Passed and approved this l Oth day of Septeinber, 2024.
AYES: Nurre, Daly, Wozniak, Volk, and Wainwright
NAYS: None
�„�:,✓�`.�vc?t�.1L�'
Jo Ann Beer, Mayor
ATTEST:
� .��.
Cy hia Stimson, ity Clerk/Treasurer
Water Siipply Treatment F�acility & Well I�'o_ S Project
FIHF Froject No. 6950-24-01
SHORT FOKIVI OF AGREEMENT
BEZ'WEEN OWNER AND ENGINEER
FOR
PK�FESSIONAL SERVICES
THIS IS AN AGREEMENT effective as of 5e�tembcr l�, 2(32�1("Effective Date") between �ity of�F�ai�•(a�
("Owner"} and 1-iall �i 1�3a11_E�i7�,in�er�s, Ine. ("Engineer").
Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows:
Thc Owner has begun the design process for Well No. 4 that is to be located on the Bellon / Africa property, as well
as the planning phase of the Water Supply Treatment Facilities that will also be located on the Bcllon / Africa property.
Now the Owner intends to design, publicly bid, and construct the Water Supply Treatment I�acilities and Well No. 5
on the Bellon / Africa property, Improve F,xisting Sanitary Sewer Facilities located east of Highway 151 to
accommodate these new Water Supply Facilities, and to connect the new Water Supply Treatment Facilities into the
L;xisting Sanitary Sewer System and Watet• Main System located at the Church Street / Hwy I S l Inlersection and to
the Existing Water Main System on the City's properiy near the At-grade Water Storagc Tank / Pump Housc located
just east of Highway 15 L`I'he services included as part of this agreement include, design engineering / architectural
services, easement acquisition services, public bidding services, and construction engineering services for the Water
Supply Treatment Facilities, Well No. 5, and Sanitary Sewer Improvement Project.
"The timing for the design, bidding and construction of Well No. 5 on the Bellon / Africa Properiy has not becn finalized
yet. Therefore, the services and fees for the design and the completion ofthe construction permit applications for Well
No. 5 are broken out separatety from the remaining services on this project. The design and construction permit
application services for Well No. 5 will NOT be utilized as part of this contract until the Owner approves the services
specific to Well No. 5 undei• a separate resolution. The design and construction permit application services shall only
be. valid as part of this overall agreement; and they shall become null and void once the public bidding phase of this
agreement has begun.
Engineer Services under this agreement are generally identified as follows:
A. Design Engineering Services (I-iHE): Planning Services have been mostly completed as part of the Well 4
Project. HHE shall complete the additional planning services necessary for the updating the PER, IUP, and SRF
application for the Water Supply Treatment Facility, Weli No. 5, and the addition of the Sanitary Sewer
Improvements located east of Highway 151. Topographic and boundary survey for the majority of this project
site has been completed with the Church Street project and the Well No. 4 project. I IHE shall complete additional
topographic & boundary survey in the project area as necessary to complete the project design. HHE shall update
the project basc map as needed, and shall complete the preliminary design for Water Supply Treatment F'acility &
Well No. 5 site improvemcnts, related Sanitary Sewer and Water Main Infrasiructure Improvements on the Bellon
/ Africa property, the Sanitary Sewer Improvements located east of Highway 15 ], and the Water Main Connection
under Highway 151 on the City's propet-ty near the At-Grade Water Storage Tank & Pump House. HI IE shall
coordinate with the lowa DO"T for the �vork in the Hwy l51 R.O.W., as well obtain the necessary construction
permits from the towa DO"I', as well as from the Iowa DNR for the sanitary sewer and water main improvements,
including the Iowa DNR's NPDES permit authorization. HHE shall prepare the Final Plan of Improvements,
Project Manual, and Engineers Estimate of Probable Costs to put this project out for a Public Bid Letting. H} IE
shall also provide Project Administration Services Necessary to bring this project through the Public Bidding
Phase.
F,JC:DC F;-520 Short Form of AQrcement Between Owner and Enginecr For Profcssional Services.
Copyright �JZ009 National Socicty oPProfessional Engineers for I?JCi)C. All rights reserved.
Paec 1
Watcr Supply 1�reatment Facility & Weil No. � Project
FINF. F'roject No. 6950-2n-01
�3. Design I�;ngineering Serviees (1SG): tSG sha11 work as a sub-consultant to HHE to complete the Design
Engineering Serviccs, Public �3iddin�; Services, and Construction Engineering Services for the Water Supply
Treatment Facility and ti'✓ell No. 5. Platming Services have been mostly completed as part of the Well 4 Project.
ISG shal] complete the additional planning services necessary for the updating the PER for the Water Supply
Treatment Facility and Well No. 5. ISG shall provide preliminary design services and final design services for
architecture, electrical engineering, mechanical engineering, structural engineering, as well as ��ater enginecring
for the Wate�• Supply Treatment Facility and Well No. 5. As part of the preliminary design pllase, ISG sha11
prepare conceptual site plans and floor plans for the City's input and approval with review of proposed treatment
design and layout. ISG shall participate in the following meetings:
a. Coordinate and attend two (2) water treatment plant technology site visits with Ciry Staff;
b. One (1) on-site design meeting with City staffand architectural design staff;
c. One (1) on-site design meeting with City staffa�id electrical & controls design staff;
d. (�ne on-site projcct review meeting with City staff;
e. Monthly virtual meetings with City staff and HHE for design review.
As part of the final design phase; iSG shal] complete the necessary plan of improvements and specifications for
the Water Supply Treatment Facility and Well No. 5, prepare the Engineers Estimate of Probable Costs for the
Water Supply Treatment Facitity and Well No. 5, as wel( as complete the necessary Iowa DNR construction permit
applications for the Water Supply "Treatment Facility and Well No. 5 to bring this project to the Public Bidding
' Phase. tSG shall participate in the following meetings:
a. "l�wo (2) on-site project review meetings with City staff;
b. Monthly virtual meetings with City staff and HHE for design review.
C. Permanent and Temporary Easement Acquisition Services (FIIIE): HHE shall work with City Staff, the City
attomey, ProSource Land Services, as well as impacted property owners to obtain permanent sanitary sewer
easements and temporary construction easement necessary to construet the Sanitary Sewer Improvements east of
Highway i 51. HHE shall also prepare the necessary easement exhibits to complete these easement acquisitions.
D. Permanent and Temporary Easement Acquisition Services (ProSource): ProSource Land Services sha(I work
as a sub-consultant to HI-I� to provide easement acquisition services for this project. ProSource shall provide
Preliminary Ownership Kesearch, rile and Document Preparation, Appraisal and Appraisal Review Coordination,
Appraisal Waiver Valuations, as well as Easement Negotiations and Acquisition Services for the pern�anent
sanitary sewer easements and temporary construction easement acquisitions necessary for the Sanitary Sewer
Improvements located east of Highway 151.
E. Fublie Bidding Services (HHE): Once the Final Plan of Improvements, Project Manual / Specifications, and
Engineers Estimate of Probable Costs are complete, HHE shall put this project of for competitive bids through a
public letting process. � I] �E shal l use Rapids Reproductions to assist with the public bidding process. } �I-�E shall
coordinate with Rapids Reproductions, as well as perspective bidders throughout the bidding process. I II IE Sha11
also provide up to 2 Addendums to address bidders questions during the bid process. If there is a Pre-Bid Meeting
with perspective bidders, HHE will coordinate with ISG to prepare a meeting agenda, oversee this pre-bid meeting,
and work with ISG to prepare the Meeting Notes. HHE shall attend the Bid Letting, and shall open the bids as
appropriateiy submitted. HHE shall prepare the bid tab for this project, and shall work with ISG to prepare a
recommendation to award the project for the City Council. HHE shall provide these Public Bidding Services for
One (1) Bid I,etting.
E,)('pC E-g2p Short Form oFAgreemen[ Behvecn Owner and F.ngincer for Profcssional Scrvices.
Copyrighl �02009 National Society of Professional Engineers for EJCDC. All rights reserved.
Paac 2
Water Supply �'reahnent Facility & Well No. 5 Project
HNI; Project No. 6950-24-01
Public Bidc3ing Services (ISG): ISG will provide assistance with the public bidding process by answering
contr•actors and the O�vners questions during the bidding process, issuing addenda as necessa�y, and attending the
pre-bid conferenec if there is one.
G. Construction Engincering Services (HHE): HI IE shall work with the apparent low bidder to execute the project
contract documents. Once these documents are cxecuted, HHE shall schedule a pre-construction conference with
thc City, ISG, the Contractor, and their sub-contractors. H�-IE shall coordinate with ISG and prepare the pre-
construction conference agenda, as well as the meeting minutes after the pre-construction conference has been
completed. HHE shall attend monthly virtual construction meetings with the City, the Contraetor, their Sub-
contractors, and ISG. HHE shall also attend on-site meetings with ISG at intervals appropriate to the various
stages of construction, and shall coordinate with the City Staff, the Contractor, and ISG as necessary throughout
the construction of this project. HHE shall process Monthly Pay Applications (HHE anticipates up to twenty-
eight (28) Pay Applications) From the Contractor to the City, as well as Change Orders (HI IE anticipates up to ten
(10} Change Orders) fi•om the Contractor to the City. Upon Substantial Completion of the project, HHE shall
complete a project walk through with the Contractor, City Staff, and ISG and shall provide a punch list of final
items to be addressed to bring the project to completion. HI IE shall provide the City with As-Built Documents
for the Site Improvements and the Sanitary Sewer and Water Main lmprovements that HHE has completed the
design for. Once the project is complete, HIIE shall work with City Staff to provide a recommend to the City
Council to accept the project. HHE shall provide Construction Observation Services on a part time bases for this
project. These services sha11 include Construction Observation as requested by City Staff, as well as testing
services as reqnested by City Staf£ (HHE anticipates an average of 20 hours of construction observation per week
for 14 months for the site improvements and sanitary sewer and water main improvements / HHE anticipates an
average of 8 hours of construction observation per week for 28 months on the water supply treatment facility and
well no. 5). } If I� shall also provide Construction Staking for this project. Construction Staking shall be provided
one-time, and Re-Staking is not included as part of this Agreement.
H. Construction Engineering Services (ISG): ISG shall provide the following construction engineering services
for this project: ISG shall review shop drawing submittals and the pre-construction conference; assist with change
orders, supplemental instructions, requests for information (RFPs) applicable to the Water Supply Treatment
Facilities and Well No. 5; Perform visits to the project site at intervals a,ppropriate to the various stages of
construction; and attend rnonthly virtual construction meetings. ISG shall prepare and furnish the City with As-
Built documents for the Water Supply Treatment Facility and Well No. 5. ISG shall also provide formalized
training for City Staff related to the operation and start-up of the Water Supply Treatment Facility (ISG anticipates
that this Training will take 80 hours of 1SG's time, and includes travel expenses).
Services / Items that are specifically excluded f'rom this agreement:
i. Geotechnical serviees, �vhich are anticipated to be necessary for the Water Supply Treatment Facility, the
sanitary sewer extension, and thc water main boring under Highway I51.
ii. Any platting, boundary or easements that may be desired or necessary for these improvements on the Bellon /
Africa property.
iii. Easement agreements as necessary for the sanitary sewer easement acquisitions (to be prepared by the ProSource
or tl�e City's attorney).
iv. Costs related to the acquisitions of the temporary construction easements and the permanent sanitary sewer
easemenis.
v. Attorney's Fees and Expenses.
Owner and Engineer further agree as follows:
F.JCDC F: 520 Short Form of Agrcement Behvccn Owner and Enginecr for Professionnl Scrviccs.
Copyright C��ZOU9 National Society of Prolessional Engineers lor EJCDC. All rights rescrved.
Paec 3
Watcr Supply Treatment Facilit}� & We11 No. 5 Project
HHE Yroject No. 6950-24-01
1.01 13asic A�,Tr�ee�rrent und Per•iod of Service
A. Engineer shal! provide; or cause to be provided, the services set forth in this Agreement. If autharized by
Owner, or if required because of changes in the Projeck, Engineer shall furnish services in addition to those
set forth above. Owner shall pay Engineer for its services as set forth in Paragraphs 7.01 and 7.02.
B. Engineer shall compiete its services within a reasonable time, or within the following speciCic time period:
(The following schcdule is an approximate schedule, and the actual schedule may very due to situations out
of the control of the Engineer).
Although this project wil! be designed and constructed separately from the 2023 West Cemetery Road Bt•idgc
Project, this Project and the 2023 West Cemetery Road Bridge Project are directly tied to each other due to
their proximity to one anothei•, as well as the Road Closures and staging for both of these projects. T1�erefore,
the schedu]e of this project shall be very similar to the schedule of the 2023 West Cemetery Road Bridge
Project, with Construction possib]e for 2025, but likely in 2026.
a. Design Engineering Services: September, 2024 —November, 2026
b. Public Bidding Services: I��ovember, 2026 — March, 2027
c. Construction Engineering Services: March, 2027 — October, 2029
C, If the Project includes constn�ction-related professional services, then Engineer's time far completion of
services is conditioned on the time for Owner and its contractors to complete construction not exceeding 9
months. lf the actual time to complete construction exceeds the number of months indieated, then Engineer's
period of service and its total compensation shall be appropriately adjusted.
2.01 Payrnent Procedures
A. Invorces: Engineer shall �repare inyoices in accordance with its standard invoicing practices and submit the
invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. If Owner fails
to make any payment due Engineer for services and expenses within 30 days after receipt of Engineer's
invoice, then the amounts due Engineer will be inereased at the rate of 1.0% per month (or the maximum rate
of interest permitted by law, if less) from said thirtieth day. In addition, Engineer may, after giving seven days
written notice to O�vne►•, suspend services under this Agreement until Engineer has been paid in full all
amounts due for services, expenses, and other related charges. Owner waives any and all claims against
Engineer for any such suspension. Paymcnts will be credited first to interest and then to principal.
3.01 Termination
A. The obligation to continue performance under this Agreement may be terminated:
l . 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 ��ith the Agreement's terms through no fault of the terminating party.
Failure to pay Enginecr for its services is a substantial failure to perform and a basis for
termination.
b. By �ngineer:
GJCDC r,-520 Short Form of Agrecment [3etwccn Owner �nd Engineer for Professional Services.
Copyright C��2009 National Society of ProFessional F,ngineers Por F.JCDC. AU rights rescrvcd.
Pa�e 4
Water Supply Treatment Paciliry & Well No. 5 Project
HHE Project No. b950-24-01
1) upon seven days written noticc if Owner demands that Engineer furnish or perform services
contrary to Engineer's responsibilities as a licensed professional; or
2) upon seven days writtcn notice if the Engincer's services for the Project are dclayed for more
than 90 days for reasons beyoiid Engineer's control.
E;ngineer shall have no liabiliry to Owner on account of a termination by �ngincer under
Paragraph 3.O1.A.l .b.
c. Notwithstanding the foregoing this Agreement will not terminate as a result of a substantial
failure under Paragraph 3.O1.A.l .a ifthe party receiving such notice begins, within seven days of
receipt of such notice, to con-ect its substantial failure to perforni and proceeds diligently to curc
such failure within no more than 30 days of receipt of notice; provided, however, that if and to
ihe 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 sha11 extend up to, but in no case more than,
60 days after the date of receipt of the notice.
2. For convenience; by Owner effective upon Engineer's receipt of written notice from Owner.
B. The tenninating party under Paragraph 3.O I.A may set the effective date oftermination at a time up to 30 days
later than otherwise provided to allow Engineer 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.
C. In the event of any tern�ination under Paragraph 3.O1, Engineer will be entitled to invoice Owner and to receive
full payment for all services performed or furnished in accordance with this Agreement and all reimbursable
expenses incurred through the effective date of termination.
4.01 Successors, Assig�7s, and Benefrciaries
A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives
of Owner and F,ngineer (and to the extent permitted by Paragraph 4.O1.B the assigns of Owner and Engineer)
are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and
legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and
obligations of this Agreement.
B. Neither Owner nor Engineer may assign, sublet, or transfcr 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.
G Unless expressly provided otlierwise, nothing in this Agreemet�t shall be construed to create, impose, or give
rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplier, other individual or
entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to
this Agreement will be for thc sole and exclusive benefit of Owner and Engineer and not for the benefit of
any other party.
EJCDC E-520 Shurt Form of Agrecmcnt Behveen Owner and F,nginecr for ProPessional Services.
Copyright 02009 N�tional Society of'Professinnal F.ngineers for F,JCDC. All rights rescrved.
Paee 5
Water Supply 7'reatment I�acility & Well No. 5 Yroject
HHE Project No. 6950-24-01
S.OI Gener•al Corzsiderations
A. 7'he standard of care for all professional engineering and related services perfonned or furnished by Engineer
under this Agreement will be thc care and skil! ordinarily used by members of the subject profession practicing
under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express
01• implied, under this Agreement or otherwise, in connection with Engineer's services. Subject to the
foregoing standard of care, Engineer and its consultants may use or rely upon design elements and infonnation
ordinarily or customarily furnished by others, including, but not limitcd to, specialty contractors,
manufacturers; suppiiers, and the publishers of technical standards.
B. Engineer shall not at any time supervise, direct, control, or have authority ovcr any contractor's work, nor shall
Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures
of construction selected or used by any contractor, or the safety precautions and programs incident thereto,
for security or safety at the Project site, nor for any failure of a contractor to comply with laws and regulations
app{icable to such contractor's furnishing and performing of its work.
C. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located.
D. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor's
failure to furnish and perform its work in accordance with the contract between Owner and such contractor.
Engineer is not responsible for variations betv✓een actual construction bids or costs and Engineer's opinions
or estimates regarding construction costs.
E. �ngineer shali not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of
any of their agents or employees or of any other persons (except Engineer's own employees) at the Project
site or otherwise furnishing or performing any construction work; or for any decision made regarding the
construction contract requirements, or any apptication, interpretation, or clarification of the construction
contract other than those made by F,ngineer.
P_ 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 (EJCUC C-700, 2007 Edition) unless the parties agree otherwise.
G. All documenks prepared or furnished by Engineer are instruments of service, and Engineer retains an
ownership and property interest (including the copyright and the right of reuse) in such documents, whether
or not the Project is completed. Owner shall have a limited license to use the documents on the Project,
extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment for
all services rclating to preparation of the documents and subject to the following limitations: (1) Owner
acknowledges that such documents are not intended or represented to be suitable for use on the Project unless
completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other
project, or for any other use or purpose, without written verification or adaptation by Engineer; (2) any such
use or reuse, or any modification of the documents, without written veriftcation, completion, or adaptation by
Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability
or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and
consultants; (3) Owner shall indemnify and hold harmless Engineer and its officers, directors, members,
partners, agents, employees, and consultants fi•om 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 F,ngineer; and (4) such limited license to Owner shall not
create any rights in third parties.
EJ(:llC F,-520 Short Form oI'Agrcemcnt I3ctween Owner and Engincer (or Professional Scrvices.
Copyright 02009 National Socicty of Professional Enginecrs for EJCDC. All rights reserveA.
3'uec 6
Water Supply Treatment Facility & Well No. 5 Project
HFIE Project No. 6950-2a-01
II. To the fullest extent pennitted by law, Owner and Engineer (1) �vaive against each other, and the other's
employees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement
to special, incidenta(, indirect, or consequeniial damages arising out of, resulting from, or in any way related
to the Project, and (2) agree that Engineer's totai liability to Owner under this Agreement shall be limited to
$SO,OQO or the total amount of compensation received by Engineer, evhichever is greater.
The parties ackno�vledge that Engineer's scope of services does not include any services related to a
I�azardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous substances or
waste as defined by the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.
§§9601 et seq., or radioactive materials). If Engineer or any other pariy encounters a Hazardous
I;nvironmental Condition, Engineer may, at its option and without liability for consequentiai or any other
damages, suspend performance of services on t)ie portion of the Project affected thereby until Owner: (1)
retains appropriate speciaiist consultants or contractors to identify and, as appropriate, abate, remediate, ar
remove the Hazardous Environmenta] Condition; and (2) warrants that the Site is in full compliance with
applicable Laws and Kegulations.
Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after
notice of dispute. If negotiations are unsuccessfi�l in resolving the dispute, then the dispute shall be mediated.
If inediation is unsuccessful, then the parties may exercise their rights at law.
6.01 Total Agreement
A. This Agreemcnt (including any expressly incorporated attachments), constitutes the entire agreement between
Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be
amended, supplemented, modified, or canceled by a duly executed written instrument.
7.01 Basis of Paymenl—Cost Plar,s tn a rnaximum, unless otherwise noted below
GJCDC E-520 Short Form of Agrecment Bchvecn Owner and Engineer for Professional Scrviccs.
Copyright �2009 Nutional Socicty of Professional Enginccrs for F,JCDC. All rights rescrvcd.
Paec 7
A. tJsing the procedures set forth in Paragraph 2A1, Owner shall pay Engineer as follows:
Water Supply Treahnent Faciliry & Well No. 5 Project
HHE Project No. 69�0-24-01
*Tlte F_xpense Arnounl of �42,OD0.00 is estimaterl, ajrd tlie nctun! amoirnt will likely he different than t{re
amount rellected here. HHE will bill tlre City f�r the actua! experises incurred rvitl: this project. Expenses
will be trucked septrrtrtel�� per Note #2 below.
^ ISG's Construction Engineering Services Fee (H) of $205,(100.00 is NOT Cost Plus to a maxintu»t, hut
is an 1:.ti7i�rrrrte for therr Co�r.struction Engi�teering Services for this project. The actual cosis (Time &
r'�rrrtc�rdrrl.�} for ISC's Construction Engineering Services shtr!! be invoiced to the City.
Engineer's Standard Hourly Rates are attached as Appendix 1
2. Owner to pay all fees and expenses for the project with no mark up. Fees may include Rapids
Reproduction Reimbursements for Public Bidding Services, Vehicle Mileage, Iowa DNR
Construction Pern�it Application Fees, Publicatio�i fees, and Postage Fees.
7.02 Addrtional Service.s: For additional services of Engineer's employees engaged directly on the Project, Owner
shall pay Fngineer an amount equal to the ctimulative hours charged to the Project by each class of Engincer's
employees times standard hourly rates for each applicable billing class; plus reimbursable expenses and
Engineer's consultants' charges, if any. Engincer's standard hourly ratcs are attached as Appendix ].
The following Services are NOT included as part of the Scope of Services of this Agreement, and are
considered Additional Services above and beyond the Scope and Schedule as provided for in this Agreement:
� Services required to resolve any Hazardous Environmental Conditions in compliance with current
laws and regulations.
• Additional Services that may be required due to natural disasters or events that impact the project
site, project materials, already completed project work, and/or the availability of the Contractor,
Sub-Contractors, and City Staff.
ffi Additional Services necessary to address un-approved changes by the Contractor.
• Additiona] Services necessary to address project delays caused by the Contractor, or the lack of
progress by the Contractor.
+ Additional services as listed elsewhere in this agreement.
Attachments: �lppendix I, Engineer's Standard Hourly Rates; Appendix 2, Special Provisions; Attachment
1, Anticipated Project Schedule.
EJCllC E-520 Short Form of Agreement Bclween Owner and Engineer for Professional Services.
Copyright �02009 Nafional Society of Professional Engincers for F,JCDC. All ri�hts reserved.
P�ee 8
Water Supply Treahnent Facility & Well No. 5 Project
HI IE Project No. 6950-24-01
IN WITNESS WHEREOF, the parties hereta have executed this Agreement, the Ef�ective Date of which is
indicated on page 1.
OWNER:
By: Jo Ann Beer ���'.�"'��'
Title: Mayor
�,
Date Signed: � �� � `�
Address for giving notices:
City of Fairfax, Iowa ��_ _� __
300 80'� Street Co�art, P.O. Box 337
Fairfax, IA 52228
ENGINEER:
�
By: �� . �%�' ! �- .�
�
�
Title: P9�'� ,,�"� � L�' ,++'� -7�—
Date Signed: 3 ��� �s� ����'�
Engineer License or Firm's Certificate
Number: 421308857
State of: Iowa
Address for giving notices:
Hall & I Iall Engineers Inc.
1860 Boyson Road �,
Hiawatha IA 52233
____ �
EJCllC E-520 Short Form of Agreement Betwcen Owner and Engincer for Yrofessional Scrviccs.
Copyright �2009 Nationai Socicty of Professional F,nginecrs tor EJCDC. All rights rescrved.
Paee 9
Water Supply Treatment Facility & Well No. 5 Project
HHE Project No. 6950-24-0 (
Tl�is is Appcndix 1, Engineer's Standard
I�ourly 1Zates, referred to in and part of ihe
Short Form uf Agreement between Owner and
Engineer for Professional Services dated
September 10, 2024
En�ineer's Standard Hourlv Rates
A. Standar•d Hourly Rates:
Standard Hourly Rates are set forth in this Appendix 1 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 Paragraphs 7.01 and
7.02, and are subject to annual review and adjustment.
B. Hourly rates for services perforn�ed on or after the Fffective Date are:
_..�. � _.._.._._...�__ � � _
POSITION � � LEVEL
I I1 � III
__..__...._._......_m__._ _.__._.� m�
Team Leader $145/hour $150/hour $160/hour
Project Mana�er � � $135lhour _ $140/hour $150/hour
Associate Team Leader $110/hour $120/hour $135/hour
_____ _....__......_...--- --
Pro'�ect Coordinator $90/hour , $105/hour $120/hour
__ �_ _._ — __ ..............................._._.._......_
Pro'ect En�inecr $115/hour �_ $120/hour $135/hour
Desi n�ineer $100/hour $105/hour $115/hour
Civil En inee� Technician $90/hour $100/hour $110/hour
_ __�-__� �_
Pro'ect Landsc�e Architect $l 15/hour $l20/hour $135/hour
,� ___.. _.._....._ � .....____......_----
Desi n Landscape Architect $100/hour $105/hour $115/hour
Landscape Architect Technician $90/hour $100/hour $110/hour
—�.r....._...._.�� ____�...�
Project Surve o� _ __�_ $130/hour $135/hour $145/hour
_._._. _
Lead Field Surveyor $ I 10/hour $120/hour $130/hour
_.�...__�
Design Surveyor $85/hour � 1 OS/hour $120/hour
_�. _.�.��_..___.__ �__ —
Field Surve or $95/hour ------------
, ------------
,
r �� a,......___. ��._.._ �_ _ a��..._�.� W
Construction Administrator $115/hour � $130/hour $140/hour
Construction Observer $90/hour � 105/hour $120/hour
�.._ ��_�____---
Administrator $75/hour $90/hour $105/hour
___.e...�. � ._ � e.....___ �, ��
Intern $55/hour $65/hour ------------
_ _��..._ � .. _.� �.___ � .
Aerial Field Surveyor $135/hour
__ _________. ---
AerialDataProcessin� � $130/hour
Expert Witness $200/hour
T'raffic Data Collector , $95/hour for staff &$50/hour for intern
__ _m . � _._ ...��.. . .._......_
Milea�e — Personal Vehicle � $0.67/milc
_W Y. _..._. _ __...
--___ ___.._
Mileage - Compan�Truck $0.88/mile
Appendiz 2, Special Nrovisions
tiJCDC E-520 Short Furm ofr\grecment Betwecn Owner and Gngineer for 1'rol'essional Scrvices.
Copyright �02009 Nntional Socicty of Professionai F:ngineers for EJCDC. All rights reserved.
!'sEer t
Water Suppiy Treamlent Facility & Well No. 5 Project
HHE Project No. 6950-24-01
This is Appendix 2, Special Provisions,
referred to in and part of the Short Form of
Agreement between Owner and Engineer for
Professional Scrvices dated Se;ptem6er l0,
2024
Special Provisions to this Agreement ___
Modify paragraph 2.01 A as follows:
Invoices: Engineer shall prepare invoices in accordance with its standard invoicing
practices and submit the invoices to Owner on a monthiy basis. Invoices are due and
payable within 30 days of receipt. Accounts unpaid 60 days after the invoice date
may be subject to a monthly service charge of 1.5% (or the maximum rate of interest
permitted by law, if less). If any portion or all of an account remains unpaid 90 days
after the invoice date, the Ov��er shall pay all costs of collection, including reasonable
attorney's fees and said accounts may be assigned to a credit agency, be the basis of
mechanics liens, or any and all other debt collection remedies available. In addition,
Engineer may, after giving seven days written notice to Owner, suspend services
under this Agreement until Engineer has been paid in full all amounts due for
services, expenses, and other related charges. Owner waives any and all claims
against Engineer for any such suspension. Payments will be credited first to interest
and then to principal. Invoices paid be credit card will be charged an additional4%
service charge.
Additional Terms and Conditions
Access to Site: IJnless otherwise stated, the Engineer will have access to the site for
activities, but has not included in the fee the cost of restoration of any resulting damage.
Information Provided By Others: Owner shall furnish at the Owner's expense, all
information, requirements, reports, data, surveys and instructions required by this
Agreement. The Engineer may use such information, c•equirements, reports, data, surveys
and instructions in performing its services and is entitled to rely upon the accuracy and
completeness thereof. The Engineer shall not be held responsible for any errors or
omissions that may arise as a result of erroneous or incotnplete information provided by
the Owner and/or the Owner's consultants and contractors.
Ilc�zc�r�cic�us Materials: The Owner agrees, notwithstanding any other provision of this
Agreement, to the fullest extent permitted by Iaw, to indemnify and hold harmless thc
Engineer and its sub-consultants from and against any and all claims, suits, demands,
liabilities, losses, damages or costs, including reasonable attorneys' fees and defense
costs arising out of or in any way connected with the detection, presence, handling,
removal, abatement, or disposal of any hazardous or toxic substances, products or
materials that exist on, about or adjacent to the Project site, whether liability arises under
breach of contract or warranty, tort, including negligence, strict liability ar statutory
Appcndix 2, Spccial Provisions
EJCDC E-520 Short H'orm of Agreement Behveen Owner end F;nginccr for Professional Services.
Copyright C�72009 l�'ational Socicty of Profcssional F.ngineers for EJCDC. All rights rescrved.
l't+ee 2
Water Supply Treatment Facility & Vdell No. 5 Project
H}IE Project No. 6950-24-01
liability, regulatory or any other cat�se of action, except for the sole negligence or willful
misconduct of thc I:ngineer.
Cer•tifications, Uuarantees and Wcrrranties: 'I�he �:ngineer shall not be required to
execute any document that would result in its certifying, guarantecing or warranting the
existence of conditions whose existence the �ngineer cannot ascertain.
Fiduciai y Kesponsibiliry: I�he Engineer shall not offer any f duciary service to the Owner
and no fiduciary responsibility shall be owed to the Owner by thc Engineer or any of its
sub-consultants, as a consequence of the Engineer entering into this Agreement with the
Owner.
Opinions ofProbable Conslruction Cost: In providing opinions ofprobable construction
cost, the Owner understands that the Engineer has no control over the cost or availability
of labor, equipment or materials, or over market conditions or the method of pricing, and
that the Engineer's opinions of probable construction costs are made on the basis of the
Engineer's professional judgment and experience. 7'he I:;ngineer makes no warranty,
express or implied, that the bids or the negotiated cost of Project construction will not
vary from the Engineer's opinion of probable construction cost.
Validity of Pricing for Services: The scope, schedule and compensation listed for
services in this Agreement shall be valid for 30 days from the date Engineer has signed
the agreement. Scope, schedule and compensation are subject to change after the above
30 days have expired.
Mutual Indemnification
The Engineer agrees, to the fullest extent permitted by law, to indemnify and hold
harmless the Owner, its officers, directors and employees against damages arising
directly from the Engineer's negligent perfonnance of the services under this Agreement
and that of its sub-consultants or anyone for whom the Engineer is legally liable.
Notwithstanding the foregoing agreement to indemnify and hold harmless, the parties
expressly agree that Engineer has no duty to defend the Owner from and against any
claims, causes of action, or proceedings of any kind.
The Owner agrees, to the fullest extent permitted by law, to indemnify and hold harmless
the Engineer, its officers, directors and employees against damages arising directly from
the Owner's negligence of the services under this flgreement and that of its contractors,
subcontractors or consultants or anyone for whom the Owner is legally liable.
Notwithstanding the foregoing agreement to indeinnify and hold harmless, the parties
expressly agree that Owner has no duty to defend the F,ngineer from and against any
claims, causes of action, or proceedings of any kind.
Neither the Owner nor Engineer shall be obligated to indemnify the other party in any
manner whatsoever for the other party's own negligei�ce or the negligence of others.
Appendix 2, Special I'rovisions
EJCDC E-520 Short Form o1�Agrcemcnt 13chveen Owner and F.ngincer for Professional Scrvices.
Copyright �2009 National Society of Professional F:ngineers for EJCDC. All rights rescrved.
Pasc 3
Water Supply Treannent Facility & Well No. 5 Projcct
N}iE Project No. 6950-24-01
Clarifcation to the DeFnition ofEngineer
For the purposes of this Agreement, services provided by the Engineer may include land
surveying, landscape architecture, and environmenta] services in addition to civil
engineering.
Clarification to the Definition of Owner
Por the purposes of this Agreement, the O�vner may be a general contractor, sub-
contractor, individual, corporation, non-profit, consultant, and any other type of entity
for which the Engineer is providing services.
F,lectronic Data Release
The owner exercises the right to request that the Engineer provide a copy of their
electronic survey, design and/or data file(s) pertaining t� this project. Said electronic
file(s) may be preliminary and may not be complete or in final form and shall not be
intended for construction use. Owner's use or reuse, reproduction, dissemination, and/or
review (both internally and externally) shall be at the Owner's risk and full legal
responsibility. Owner shall be fully and solely responsible for reconciling of said
electronic files with final certified hard copies produced by the Engineer. Only the final
certified hard copies of the survey, design and/or data files shall be the official plans and
documents for the project.
By signing this agreement, the Owner does hereby agree to indemnify and hold the
Engineer, it's manager(s), member(s), officers, agents and employees harmless from any
claims, suits, damages, liability, demands or costs, including attorney fees resulting from
or arising out of the use or misuse of said electronic survey, design and/or data file(s) by
Owner. In the event of suit for breach and/or ei�forcement of this agreement, Owner
agrees to pay all attorney fees incurred by Lngineer.
The Engineer retains ownership and a properiy interest in all electronic data prepared to
complete the Engineer's services, including AutoCAD Drawing files ("CAD
Data ). IJpon Owner s request for CAD Data and signing Engineer's release form,
�� �
Engineer will furnish CAD Data to Owner ar others designated by the Owner. CAD
Data will include two-dimensional horizontal line data needed to establish horizontal
alignments and control. The furnished data, along with control points, elevations and
grades shown on Engineer's plans can be used by others for construction
surveys. Engineer will not provide construction survey support to others using
Engineer's CAD Data.
Appendix 2, Special Provisions
EJCDC E-520 Short Form uf Agrcement I3ehveen Owner and Lnginecr for Professional Scrvices.
Copyright �2009 National Socicty of Yrofessional Engineers for EJCllC. All righis reserved.
4':�ec 4