HomeMy WebLinkAboutRESOLUTION NO. 2024-84RESOLUTION NO. 2024-84
RESOLUTION AUTHORIZING A PROFESSIONAL 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 Urban Roadway Improvements to 76t�' Avenue from Lefebure Road to the
City's easterly Corporate Limits and add a Right Turn / Deceleration Lane along Lefebure Road
approaching 76th Avenue; and
WHEREAS, Hall and Hall Engineers, Inc. has submitted a Professional Services
Agreement to provide design engineering, public bidding, & construction engineering services for
the design, public bidding, and construction engineering for the Urban Roadway Improvements to
76t" Avenue from Lefebure Road to the City's easterly Corporate Limits and add a Right Turn /
Deceleration Lane along Lefebure Road approaching 76t�' Avenue.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax,
Iowa, to enter into this Professional Services Agreement with Hall and Hall Engineers, Inc. as
attached.
BE IT FURTHER RESOLVED, 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 Agreement.
Passed and approved this 12th day of November, 2024.
AYES: Nurre, Daly, Wozniak, Volk, and Wainwright
NAYS: None
�C.�C./%�L/? '/ ��..�. ...��JZ"`,
✓
Jo Ann Beer, Mayor
ATTEST:
.�
,
Cy thia Stimson, City Clerk/Treasurer
p
76�' Avenue Urban Roadway Improvements & Lefebure Road Right Turn / Deceleration Lane Project
HHE Project No. 6954-24-04
SHORT FORM OF AGREEMENT
BETWEEN 4WNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS IS AN ACREI;MENT cffective as of Novembee 12, 2Q24, (`Bffective Date"} between City of f=aii�fax �
("Owner") and t_I��tl_) _�c I f�311.I;It�Ii1CL1'S�_II1C. �"Cngineer").
Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows:
The Owner has approved the Big Cedar Industrial Center Preliminary Plat that is located along the north side of 76�'
Avenue, east of Lefebure Road. 76�' Avenue is the primary roadway to serve this large industrial development, and it
is currently a rural gravel road. The City desires to improve the entire length of 76°i Avenue along the south side of
the Big Cedar Industrial Center (from Lefebure Road to the City's Easterly corporate limits) as an urban roadway with
a 41' wide paved street with curb and gutter, storm sewer, and a continuous center (ane left turn lane. As part of these
improvements, the City also desires to add a right turn deceleration lane along the north bound lane of Lefebure Road
approaching 76"' Avenue. The services included as part of this agreement are design engineering services, easement
and right-of-way acquisition services, public bidding sarvices, and construction enginearing services for the urban
roadway improvements to 76�' Avenue and the addition of a right turr► / deceleration lane along Lefebure Roaci.
Engineer Services under this agreement are generaliy identitied as follows:
A. Design Engineering Services: Hall and Hall Engineers, Inc. (HHE) will complete topographic survey and
boundary survey along 76�' Avenue and Lefebure Road, as well as atong the adjacent properties necessary to
complete a base map and right-of-way lines necessary to design the proposed roadway improvcments and
complete the necessary right-of-way and casement acquisition plats /exhibits. HHE shall coordinate with the Linn
County and the utility companies impacted by this improvement project. HHE shall obtain the necessary
construction permits from Linn County and the lowa DNR to complete this project, including acquirin� the Iowa
DNR's NPDES permit authorization. HHE shall communicate with the utility companies to coordinate utilities
relocations necessary to complete this project. 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.
B. Right-of-Way and Easement Acquisition Services: It is anticipated that the City will need to acquire some
right-of-way (ROW} and / or easements (permanent aud temporary construction) for the improvement of 76�'
Avenue, and possibly for the Lefebure Road right turn / deceleration lane. HHE shall prepare the necessary
ROW acquisition plats and easement exhibits for these acquisitions, as well as work with City Staff in the
coordination and negotiations with the impacted property owners, HHE shall also work with the City Staff and
the City's attorney in preparing the ROW & Easement acquisition agreements.
C. Public Bidding Serviees: Once the Final Plan of Improve�nents, Project Manual, and Engineers Estimate of
Probable Costs are complete, HHE shall put this praject out for competitive bids through a public letting process.
HHE shall use Rapids Reproductions to assist with the public bidding process. HHE shall coordinate with Rapids
Reproductions, as well as perspective bidders throughout the bidding process. HHC shall also provide up to 2
Addendurns to address bidders questions during the bid process. [t is anticipated that there will NOT be a Pre-
Bid Meeting with perspective bidders. HHE shall attend thc Bid Letting, and shall open khe bids as appropriately
submittcd. HHF: shall prepare the bid tab for this project, and shall prepare a recommendation to award the project
for the City Council. HHE shall provide these Public Bidding Services for One (1) I�id Letting.
EJCDC E-520 Short Form oPAgreement Behveen Owner and Engineer for Professional Services.
Copyright r02009 Vationai Society oPProfessional Engineers for E.►CDC. All rights reserved.
Pstec i
7b't' Avenue Urban Roadway Improvements & I.efebure Road Right Turn / Deceleration Lane Project
HHE Project No. 6950-24-04
D. Construction Engineering Services: HHE shall work with the apparent low bidder to execute the project contract
documents, Once these documents are executed, HHE shall schedule a pre-construction meeting with the City
and the Contractor, and shall prepare the pre-construction meeting agenda, as well as the meeting minutes after
the meeting has been completed. HHE shal) attend regular project meetings during construction (up to 8
meetings), and shall coordinate with the Contractor and City Staff as necessary throughout the construction of this
project. HHE shall process Monthly Pay Applications (Up To 8 Pay Applications) from the Contractor to the
City, as well as Change Orders (Up To 5 Change Orders) from the Contractor to Yhe City. Upon Substantial
Completioz7 of the project, HHE shall complete a project walk through with the Contractor and City Staff and shall
provide a punch list of final items to be addressed ta bring the project lo completion. Once the praject is complete,
HHE shall work with City Staff to provide a recommendation to the City Councii to accept the project. HHF, shall
provide Construction Observation Services (Up To 600 Hours) on a part time bases for this project. These services
shall include Construction Observation as requested by City Staff, as wel[ as testing services as requested by City
Staff. HHF., shall also provide Construction Staking for this project. Construction Staking shall be pravided one-
time, and Re-Staking is not included as part of this Agrecment.
Services specifically excluded from this agreement, that will be provided under separate agreements:
i. Geotechnical services, which six (6) soil borings are anticipated along the alignment of 76th Avenue.
ii. City sanitary sewer facilities and water main facilities are not included as pari of this improvement project.
iii. Costs related to an appraiser and/or a property acquisition consultant. It is anticipated that City Staff will
negotiate all acquisitions of the temporary construction easements, permanent easements, and right-of-way that
may be necessary alon� 76�' Avenue and/or Lefebure Road.
iv. Costs related to the acquisitions of the temporary construction eascments, pennanent easemcnts, and right-of-
way locatcd along 76'� Avenue and/or Lefebure Road.
v. Costs related to the relocation of overhead electrical lines / poles and other utilities located along 76�' Avenue
and / or Lefeburc Road.
vi. Attorncy's Fees and Expenses.
Owner and Engineer further agree as follows:
1.O l Basic Agreement and Period of Service
n. I;ngineer shall provide, or cause to be provided, the services set forth in this Agreement. If authorized by
Owner, or if rcquired because of changes in the Project, E;ngineer shall furnish services in addition to those
sct forth above. Owner shall pay Gngineer for its services as set forth in Paragraphs 7.01 and 7.02.
B. L:ngineer shall complete its services within a reasonable time, or within the following specific titne period:
{The foilowing schedule is an approximate schedule, and the actual schedule may veiy due to situations out
of the contro! ofthe Engineer).
Although tliis project wiil be designed and constructed separately from the 2023 West Cemetery Road Bridge
Project, this Project and the 2023 West Cemetery Road Bridge Project are directly tied to each other due to
their proximity to one another, as wel( as the Road Closures and staging for both of these projects. Therefore,
the schedule of this project shall be very similar to the schedule of the 2Q23 West Cemetery Road Bridge
Project, with Construction possible for 2025, but likely in 2026.
a, Design Engineering Services: November, 2024 — December, 2025
b. Public Bidding Services: November, 2025 — February, 2026
c. Construction Engineering Services: February, 202b — June, 2027
�JCI)C E-520 Short Form of Agreement Be[ween Owner and N;ngineer for Professional Services.
Copyright �2009 Nationai Socicty of Profcssional Engincers Por F.JCDC. All rights rescrved.
1"aec 2
76�' Avenue Urban Roadway Improvements & Lefebure Road Right Tum / Deceleration Lane Project
HHE Project No. 6950-24-04
C. If the Project includes construction-related professional services, then Engineer's time for completion of
services is conditioned on the time for Owner and its contractors to complete construction not exceeding 9
months. If the actual time to complete construction exceeds tlie number of months indicated, then Engineer's
period of service and its total compensation shall be appropriately adjusted.
2.01 Payment Procedures
A. Invoices: Engineer shall prepare invoices 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 increased at the rate of 1.0% per month (or the maximum rate
of interest permitted by ]aw, if less) from said thirtieth day. In addition, Engineer may, after giving seven days
written notice to Owner, suspend se►vices under tt�is 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.
3.01 Termination
A. The obligation to continue performance under this Agreement nnay be terminated:
1. For cause,
a. By either parly upon 30 days written notice ii� the event of substantial failure by the other party
to perform in accordance with the Agreement's terms through no fault of the terminating party.
Failure to pay Engineer for its services is a substantial failure to perfoirn and a basis for
termination.
b. By Engineer:
]) upon seven days written notice if Owner demands that Engineer furnish or perfoc-m services
contrary to Engineer's responsibilities as a licensed professionat; or
2) upon seven days written notice if the Engineer's services for the Project are delayed for more
than 90 days for reasons beyond Engineer's control.
Engineer shall have no liability to Owner on account of a termination by Engineer 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.1.a if the party receiving such notice begins, within seven days of
receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure
such failure within no more than 30 days of receipt of notice; provided, however, that if and to
the extent such substantial failure cannot bc reasonabiy cured within such 30 day period, and if
such party has diligently attempted to cure the same and thereafter continues diligently to cure
the same, then the cure period provided for herein shall extend up to, but in no case more than,
60 days after the date of receipt of the notice.
2. For convenience, by Owner effective upon Engineer's receipt of written notice from Owner.
EJCDC E-520 Short Form of Agrcement F3ehveen Owner and Engincer for Professional Services.
Copyright �02009 Natiunal Soclety of Professionai Engineers for EJCDC. All rights reserved.
1'�er 3
76`� Avenue Urban Roadway Improvements & Lefebure Road Right Tum / Deceleration Lane Project
H�IE Project No. G950-24-04
B, The terminating party under Paragraph 3.01.A may set the effective date of termination at a time up to 30 days
later than otherwise provided to allow Engineer to complete tasks whose value would otllerwise 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 ofany termination under Paragraph 3.01, 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, Assigns, and Benefrciaries
A. Owncr and Erigineer are hereby bound and the successors, executors, administrators, and legal representatives
of Owner and Engineer (and to the extent permitted by Paragraph 4,O 1.B the assigns of Owner and Engineer)
are hereby bound to the other party to tllis Agreement and to the successors, executors, administrators, and
legal i•epresentatives (and said assigns) of such other party, in respect of all covenants, agreements, and
obligations of this Agreement.
B, Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without
limitation, moneys that arc due or may becomc due) in this Agreemcnt without the written consent of the
other, except to the extent that any assignmcnt, subletting, or transfer is mandated or restricted by law. Unless
specifically siated to the contrary in any written consent to an assignment, no assignment will release or
discharge the assignor from any duty or responsibility under this Agreement.
C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give
rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplier, other individual or
entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to
this Agreement will be for the sole and eaclusive benef'it of Owner and [�ngineer and not for the benefit of
any other party.
5.01 General Consideralions
A. The standard of care for all professional engineering and related services per�ormed or furnished by Engineer
under this Agreennent will be thc care and skill ordinarily used by membeis of the subject profession practicing
under similar circumstances at the same time and in the same locality. �ngineer makes no warranties, express
or implied, undcr this Agreement or otherwise, in connection with Engineer's services. Subject to the
foregoing standard of care, Cngineer and its consultants may use or rely upon design elements and information
ordinarily or customarily furnished by others, ineluding, but not limited to, specialty contractors,
manufacturers, suppliers, and the publishers of technical standards.
B. Engineer shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall
En�ineer 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
applicable 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 4wner and such contractor.
EJCDC E-520 Short Eorm of Agretment Between Owner and Engincer for Professional Services.
Copyright �2009 National Society of Professional EnRineers fbr EJCDC. All rights reserved.
Paee 4
76"' Avenue Urban Roadway Improvements & Lefebure Road Right Turn / Deceleration Lane Project
HHF, Project No. 695Q-24-04
Engineer is not responsible for variations between actual constructian bids or costs and Engineer's opinions
or estimates regarding construction costs.
E. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of
any of their agents or ennployees 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 application, interpretation, or clarification of the construction
contract other than those made by Engineer.
F. The general conditions for any construction contract documents prepared hereunder are to be the "Standard
General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents
Committee (EJCDC C-700, 2007 Fdition) unless the parties agree otherwise.
G. All documents prepared or furnished by Engineer are instniments 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 relating to preparation of the documents and subject to the following limitations: (1) Owner
acknowledges that such documents are not intended or represented to be suitable for use on the Project unless
completed by Engineer, or for use or reuse by Owner or others an 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 veriiication, 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 ofitcers, directors, members,
partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including
attorneys' fees, arising out of or resulting from any use, reuse, or modification of the documents without
written verification, comptetion, or adaptation by Engineer; and (4) such limited license to Owner shall not
create any rights in third parties.
H. To the fullest extent permitted by law, Owner and Engineer (1) waive against each other, and the other's
etnployees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement
to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related
to the Project, and (Z) agree that Engineer's total (iability to Owner under this A�;rccment shall be limited to
$50,000 or the total amount of compensation received by Engineer, whichever is greater.
The parties acknowledge that �ngineer's scope of services does not include any services related to a
Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, ha�ardous substances or
waste as defined by the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.
§§9601 et sey., or radioactive materials). If Engineer or any other party encounters a Hazardous
Environmental Condition, Engineer may, at its option and without liability for consequential or any other
damages, suspend performance of services on the portion of the Project affected thereby until Owner: (1)
retains appropriate specialist consuttants or contractors to identify and, as appropriate, abate, remediate, or
remove the Hazardous Environmental Condition; and (2) warrants that the Site is in fuli compliance with
applicable Laws and Regutations.
Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after
notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated.
If inediation is unsuccessful, then the parties may exercise tlieir rights at law.
EJCDC E-520 Short Form oFAgreement Behveen Owner and Engineer for Professional Services.
Copyright �02009 National Society oi'Professional Engineers for EJCDC. All rights rescrved.
Paee 5
76�' Avenue Urban Roadway Improvements & Lefebure Road Right Turn / Deceleration Lane Project
HHE Aroject No. 6950-24-04
6.01 Total Agreement
A. This Agreement (including any expressly incorporated attachments), constitutes the entire agreement between
Owner and Engineer and supersedes all prior written or oral tinderstandings. This Agreement may only be
amended, supplemented, modified, or canceled by a duly executed written instrument.
7.01 Basis of Pcryment—Cost Plus to a maximum, unless otherwise �zoted below
A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows:
Engineer's Standard FIourly Rates are attached as Appcndix 1
2. Owner to pay all fees and cxpens�s for ihe project with no mark up. Fees may include Rapids
Reproduction Reirnbursements for Public Bidding Services, Vehicle Mileage, Pennit Applic�tion
Fees, Publication fees, and Mailing Fees.
7.02 Aclditional Services: For additional services of Engineer's employees engaged directly on the Projeet, Owner
shall pay Engineer an amount equal to the cumulative hours charged to the Prnject by each class af Engineer's
employees times standard hourly rates for each applicable billing class; plus reimbursable expenses and
Engineer's consultants' charges, if any, Engineer's standard hourly rates are attached as Appendix 1.
The f�liowing Services are NOT included as part of the Scope of Services of this Agreement, and are
considered Additional Services above and beyond thc Scope and Schedule as provided for in this Agreement:
• Services x•equit•ed 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.
• Additional Services as requested by the Owner,
• Additional Seevices necessary to address un-approved changes by thc Contractor.
• Additional Services necessary to address projeet delays caused by the Contractor, or the lack of
progress by the Contractor.
• Additional services as listed elsewhere in this agreement.
EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services.
Copyright �02009 National Society of Professional Engineers for EJCDC. AII rights reserved.
Psiec 6
**Tlie Expense Amount of $4,000.00 is estimated, and the actual umount will likely be differenl ihun the
amourat reflected here. HHE wil! bill fhe City far the actual eacpenses incurred wit/a this project. Expenses
wiCl be tracked separateCy per Note #2 below.
76�' Avenue Urban Roadway Irnprovements & Lefebure Road Right Tum ! Deceleration Lane Project
HHE Project No. 6950-24-04
Attachments: Appendix 1, Engineer's Standard Hourly Rates; Appendix 2, Special Provisions; Attachment
1, Anticipated Project Schedule.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is
indicated on page 1.
OWNER: ENGtT�II;[:It: �
Ey: Jo Ann Eeer _�. �� L-� �--z--��-� �y: �
Title: Mayor Title: Public Team I.ead
Date Signed: �� � 3��� � Date Signed: November 8, 2024
Engineer Gicense or Firm's Certificate
Number: 421308857
State of:
Address for giving notices: Address for giving notices:
City of Fairfax, Iow Hall & Hall En�ineers Inc.
300 80�' Street Court, P,O. Box 337 ! 86U [3oysc�n K����d
Fairfax, IA 52228 . Hiawatha IA 52233
EJCDC E-520 Short Form ot'Agreement Beriveen Owner and Engineer for Professional Services.
Copyright �2009 NaHonal Society of ProPessiunal Engineers for EJCDC. All rights reserved.
Pa�e 7
76°i Avenue Urban Koadway Improvements & Lefebure Road Right Turn / Deceleration Lane Project
HHE Project No. 6950-24-04
'This is Appendix 1, Engineer's
Standard Hourly Rates, referred to in
and part of the Short Form of Agreement
between Owner and Engineer for
Professional Services dated NavernhLi• 1_2,
2024
Engineer's Standard Hourly Rates ��
A. Standard Hourly Rates:
1. 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 adrninistrative overhead, non-project
operating costs, and operating margin or profit.
2. The Standard Hourly Rates apply only as specitied in Paragraphs 7.01 and
7.02, and are subject to annual review and adjustment.
B. Hourly rates far services performed on or after the EffecCrve Date are:
See Attached Rates Schedule Effective January l, 2025.
Appendix 2, Special Provisions
EJCDC E-520 Short Form of Agreement Between Owner and Enginecr for Professional Services.
Copyright Cc�2009 Nafional Sociely of Professionai �:ngineers for EJCDC. AI1 rights reserved.
1'a�ec 1
HALL & HALL ENGINEERS, INC.
2025 RATE SCHEDUL�
(Updated January ls`, 2025)
_____� __POSITI�N �����_.__ � �_ _.__��_�__LEVEL -_.____w_�____�_
- ---- � . �_�_I _�_� �.��. ,_ II__���__ � _. III a..�. _
Team Leader $160/hour� $165/hour �� $175/hour
Pro�ect Mana�er _ $I50/hour � $155/hour � $165/hour
Associate Team Leader $120/hour $130/hour $150/hour
Pro� ect Coordinator $100/hour $115/hour $130/hour �
_Pro�ect En�ineer $125/hour $130/hour $150/hour
� � _ � _ _.
Desi�n En�ineer 4 _ $110/hour $115/hour $125/hour
--__ _ _ ., -- . _____w-- _. ._
Civil En i� neerin� Techmcian $100/hour $110/hour $120/hour
_ �� _� . � _-- __ .__ � . . .� ��. .�._. � _ _�_
Project Landscape Arclutect� _ _ ___ $125/hour _ $130/hour $150/hour _
Desi n Landsca e Architect $110/hour $115/hour �$125/hour
Landscape Architect Technician ____�__� $100/hour� � $110/hour $120/haur _
Pro'ect Surve or � $145/haur $150/hour � $160/hour ��
Lead Field Surveyor $120/hour $130/hour $145/hour
Des�n Surveyor ,� $95/liour $115/hour $I30/hour
Field Surve or $105/hour ----- =-- -- --- -
_��__._. � __�,Y,_.__ _ ___�_.— ----____..__.�.--- ---_ ._�__ _ ___e__ __ ��_�_._.
Construction Administrator $125/hour $145/hour $155/hour
Construction Observer �� � � � $100/hour �$115/hour $130/hour
__ ,� .r �� -
Administrator $85/hour $100/hour $115/hour
___.____ � .� ��_� � . _. _ � _ _ . �___. _�_ u___ � � _ _ �. � _ �� _ _.� _--- _. �. � _ _. _—
Intern $64/hour $70/hour -
__. _.. _ _��_. .. .. _ __ � � ,..�___. � �.__ __�. , _a � �.. �._� __� __�_ _ � _ ..� � .
Aerial Field Survevor $150/hour
__�_____�_ _x�._� ��__,_ �_� a �.��___d_p___ �.� �e_._____v �� ---_
Expert Witness�_..______,_------------ $22o/hour
___----- -. -
Traffic Data Collectar $105/hour for staff &$SSlhour for mtern
—_______._.___� ___._ .__� _�_._ �_�w_.��a_.________._ �.__.___��� _�___.
Mzlea�e _ �_____ $0.67/mile
__�___.__ _ ___.___.�---_.._.__------_ w___._____�_ ______.__________,__ ._______________.__
Mileage — Survey / Const. Observ. Vehicle $0.88/mile
76`�' Avenue Urban Roadway Improvements & Lefebure Road Right Turn / Deceleration Lane Project
HHE Project No. 6950-24-04
'7'his is Appendix 2, Special Provisions,
referred to in and part of the Short Form of
Agreement between Owner and Engineer for
Professional Services dated November 12,
2024
Special Provisions to this Agreement
Modify paragraph 2.01 A as follows:
Invvices: Engineer shall prepare invoices 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. Accounts unpaid 60 days after the invoice date
may be subject to a monthty 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 Owner 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, s�rspend services
under this Agreement until �ngineer has been paid in f'ull 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 additional 4%
seivice charge.
Additional Terms and Conditions
Ac�ess tn .Site: Unless otherwise stated, the Engineer will have access to the site i-or
activities, but has not included in the fee the cost of restoration of any resulting damage.
Informatfon Provided 13y 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, reyuirements, 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 incornplete informatian provided by
the Owner and/or the Owner's consultants and contractors.
Ilazat�cCc�us Materials: The Owner agrees, notwithstanding any other provision of this
Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the
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,
rernoval, abatement, or disposal of any hazardous or toxic substances, products or
rnaterials that exist on, about or adjacent to the Project site, whether liability arises under
breach of contract or warranty, tort, including negligence, strict liability �r statutory
Appendix 2, Special Provisions
EJCDC E-520 Short Form of Agreemcnt Betwecn Owner and Enginecr Cor Professional Services.
Copyright �2009 National Society of Professional Engineers for EJCD,C. All rights reservcd.
Pa�e 2
76�` Avenue Urban Roadway Improvements & Lefebure Road Right Turn / Deceleration Lane Project
HHE Project No. 6950-24-04
liability, regulatory or any other cause of action, except for the sole negligence or willful
misconduct of the Engineer.
Certifications, Guarantees and Warranties: The Engineer sha11 nat be required to
execute any document that would result in its certifying, guaranteeing or warranting the
existence of conditions whose existence the Engineer cannot ascertain.
Fiducir�ry Responsibility: The Engineer shall not affer any fiduciary service to the Owner
and no fiduciary respansibility shall be owed to the Owner by the Engineer or any of its
sub-consultants, as a consequence of the Engineer entering into this Agreement with the
Owner.
Opinions ofProbable Construction Cost.• In providing opinions of probable 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. The Engineer 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.
Validzly 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 frorn the Engineer's negligent performance 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 Agreement and that of its contractors,
subcontractors or consultants or anyone for whom the Owner is legally liable.
Notwithstanding the foregoing agreement to indemnify and hold harmless, the parties
expressly agrce that Owncr has no duty to defend the Engineer from and against any
claims, causes of action, or proceedin�s 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 negligence or the negligence of others.
Appendix 2, Special Provisions
EJCDC E-520 Shurt Form of Agreement Between Owner and Engineer for Professional Services.
Copyright �02009 National Sociciy of Professiunal Engineers for EJCDC. All rights reserved.
Pa�c 3
76�' Avenue Urban Roadway [mprovements & Lefebure Road Right Turn / Deceleration Lane Project
HHr Project No. 6950-24-04
Clarification to the Definition of Engineer
For the purposes of this Agreement, services provided by the Engineer may include land
surveying, landscape architecture, and environmental services in addition to civil
engineering.
Clarifieation to the Definition of Owner
For the purposes of this Agreement, the Owner may be a general contractor, sub-
contractor, individual, corporation, non-profit, consultant, and any other type of entity
for which the Fngineer is providing services.
Electronic 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 to 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 bc 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 managcr(s}, member(s), officers, agents and emplayees harmiess from any
claims, suits, damages, liabitity, demands or costs, including attorney fees resulting frorn
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 enforcement of this agreement, Owner
agrees to pay all attorney fees incurred by Engineex. .
The Engineer retains ownership and a property interest in all electronic data prepared to
complete the Engineer's services, including AutoCAD Drawing files ("CAD
Data"). Upon Owner's request for CAD Data and signing Engineer's release form,
Engineer will furnish CAD Data to Owner or 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
E,ICDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services.
Copyright �02009 National Society of Professionai Enginecrs for EJCDC. All rights reserved.
Pnec 4