HomeMy WebLinkAboutRESOLUTION NO. 2023-41RESOLUTION NO. 2023-41
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 easement and right-of-way
acquisitions from five (5) Properties located along the proposed W. Cemetery Road Bridge
Replacement and Street Re-Alignment Project; and
WHEREAS, Hall and Hall Engineers, Inc. has submitted a Professional Services
Agreement to assist the City in acquiring the necessary easements and right-of-way at five (5)
properties along said W. Cemetery Road Bridge Replacement and Street Re-Alignment Project.
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 Pro-Tempore and City Clerk are hereby authorized and directed to execute both this
Resolution and the Professional Services Agreement.
Passed and approved this l lth day of April, 2023.
AYES: Nurre, Daly, Pacha, Volk, and Wainwright
NAYS: None ``�-W`�"
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Marianne Wai
ATTEST:
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Cy thia Stimson, City Clerk/Treasurer
Pro Tempore
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W. Cemetery Road Bridge Replacement & Street Re-Alignment ROW & Easement Acquisition Services
HH� Project No. 6950-23-01
SHORT FORM �F AGREEMENT
BETWEEN OWNER AND ENGINEER
FOR
PROFE5SIONAL SERVICES
T�IIS IS AN AGREEMENT effective as of A ri�„t I 1 2023 (`Bffective Date"} between Citv of Fairfax ("Owner")
and E�ial� & I�Ia1C Cn�i�ieers,�Inc. ("Engineer").
Owner's Project, of which Engineer's / Surveyor's services under this Agreement are a part, is generally identified as
follows:
The Owner desires to acquire right-of-way (ROW) and easements from five (5) Properties located along the proposed
W. Cemetery Road Bridge Replacement and Street Re-Alignment project as necessary to complete said bridge and
street re-alignrnent project. This project does not inctude the utility relocation coordination, design, permitting, public
bidding, or the construction services for the proposed W. Cemetery Road Bridge Replacement and the Street Re-
Alignment of W. Cemetery Road and Eagleview Drive. HHE shall team with Appraisal Associates Company to
complete the appraisal services on this project.
Engineer's / Surveyor's Services under this Agreement are generally identified as follows:
The work wili generally consist of the following:
A. Meeting and Coordinating with the impacted Property Owners.
B. Update planning exhibits of the impacted properties as information from property owners is gathered and as
the project design progresses.
C. Complete boundary surveys, and property research as necessary; Complete easement vacation exhibits,
temporary and/or permanent easement e�chibits, acyuisition plats, section corner ties, as needed, and set
property pins at new property corners.
D. Property appraisal services (Sub-Consultant).
E. Work with the Property Owners, City Sta.ff', and the City Attorney to establish easement and ROW acquisition
agreements.
F. Work through the Iowa DOT ROW acquisition process & procedures, and with the iowa DOT Staff as
necessary, to complete these ROW acquisitions.
G. Project administration as necessary to complete this project.
This engineering services agreement does not include any services for the utility relocation coordination, design,
permitting, public bidding, or the construction services for the proposed W. Cemetery Road Bridge Replacement and
the Street Re-Alignment of W. Cemetery Road and Eagleview Drive.
Owner and Engineer further agree as follows;
I.O 1 Basic Agreement unu' Period of Service
A. Engineer shall provide, or cause to be provided, the services set forth in this Agreement. If authorized by
Owner, or if required because of changes in the Project, 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.
EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professionai Services.
Copyright �2009 Natlonal Society of Professional Engineers for EJCDC. Ai! rights reserved.
Page 1
W. Cemetery Road Bridge Replacement & Street Re-Alignment ROW & Easement Acquisition Services
HHE Project No. 6950-23-01
B. Engineer shall complete its services within a reasonable time, or within the following specific time period:
• March 1, 2023 — September 3l, 2024
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 3
months. If the actual time to complete construction exceeds the 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 �ngineer 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 maacimum rate
of interest permitted by law, if less) from said thirtieth day. 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.
3.O1 Termination
A. 'The obligation to continue performance under this Agreement may be terminated:
1. For cause,
a. By either party upon 30 days written notice in the event of substantial failure by the other party
to perform in accordance with the Agreement's terms through no fault of the terminating party.
Failure to pay Engineer for its services is a substantial failure to perform and a basis for
termination.
b. By Engineer:
1) upon seven days written notice if Owner demands that Engineer furnish or perform services
contrary to Engineer's responsibilities as a licensed professional; or
2) upon seven days written notice if the Engineer's services for the Project are delayed for more
than 90 days for reasons beyond Engineer's control.
Engineer shall have no iiability to Owner on account of a termination by Engineer under
Paragraph 3.O1.A.l.b.
Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial
failure under Paragraph 3.O1.A.l .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 be reasonably cured within such 30 day period, and if
such party has diligently attempted to cure the same and thereafter continues diligently to cure
the same, then the cure period provided for herein shall extend up to, but in no case rnore than,
60 days after the date of receipt of the notice.
EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professionai Services.
Copyright �2009 National Society of Profeasional Engineers for EJCDC. A!I rights reserved.
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W. Cemetery Road Bridge Replacement & Street Re-Alignment ROW & Easement Acquisition Services
HHE Project No. 6950-23-01
2. For convenience, by Owner effective upon Engineer's receipt of written notice from Owner.
B. The terminating party under Paragraph 3.O 1.A may set the effective date of termination at a time up to 30 days
tater 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 termination under Paragaph 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 Beneficiaries
A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives
of Owner and Engineer (and to the extent permitted by Paragraph 4.O 1.B the assigns of Owner and Engineer)
are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and
legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and
obligations of this Agreement.
B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without
limitation, moneys that are due or may become due) in this Agreement without the written consent of the
other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless
specifically stated to the contrary in any written consent to an assignment, no assignment will release or
discharge the assignor From any duty or responsibility under this Agreement.
C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give
rise to any duty owed by Owner or En�ineer 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 exclusive benefit of Owner and Engineer and not for the beneft of
any other party.
S.OI General Considerations
A. The standard of care for all professional engineering and related services performed or furnished by Engineer
under this Agreement will be the care and skitl ordinarily used by members of the subject profession practicing
under similar circumstances at the same time and in the same locality. Engineer rnakes no warranties, express
or 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 information
ordinarily or customari(y furnished by others, including, 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
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
applicable to sueh 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.
EJCDC E-520 Short Form of Agreement Between Owner and Engineer i'or Professional Services.
Copyright �2U09 Narional Society of Professional Engineers for EJCDC. All righfs reserved.
Page 3
W. Cemetery Road Bridge Replacement & Street Re-Alignment ROW & Easement Acquisition Services
HHE Project No. 6950-23-01
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 between actual construction 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 employees or of any other persons (except Engineer's own ernployees) 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 Bngineers Joint Contract Documents
Committee (EJCDC C-700, 2007 Edition) unless the parties agree otherwise.
G. All documents 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 payrnent 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
compteted by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other
project, or for any other use or purpose, without written verification or adaptation by Engineer; (2) any such
use or reuse, or any modification of the documents, without written verification, completion, or adaptation by
Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability
or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and
consultants; (3) Owner shall indemnify and hold harmless Engineer and its officers, directors, members,
partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including
attorneys' fees, arising out of or resulting from any use, reuse, or modification of the documents without
written verification, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not
create any rights in third parties.
H. To the fullest extent permitted by law, Owner and Engineer ( l) waive against each other, and the other's
employees, 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 (2) agree that Engineer's total liability to Owner under this Agreement shall be limited to
$50,000 or the total amount of compensation received by Engineer, whichever is greater.
The parties acknowledge that Engineer's scope of services does not include any services related to a
Hazardous 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 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 consultants or contractors to identify and, as appropriate, abate, remediate, ar
reznove the Hazardous Environmental Condition; and (2) warrants that the Site is in full compliance with
applicabte Laws and Regulations.
EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services.
Copyright c�2009 National Society of Protessional Engineers for EJCDC. Ali rights reserved.
!'aec 4
W. Cemetery Road Brid�e Replacement & Street Re-Alignment ROW & Easement Acquisition Services
HHE Project No. 6950-23-01
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 ba mediated.
If inediation is unsuccessful, then the parties may exercise their ri�hts at law.
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 understandings. This Agreement may only be
amended, supplemented, modified, or canceled by a duly executed written instrument.
7.01 Basis of Payment—Cost Plus to a rraaximum, unless otherwise noted below
A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows:
1. 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. The estimated $200 in Fees as
shown above shall include Vehicle Mileage only.
HHE shall sub-consult with Appraisal Associates Company for appraisal services on this project.
HHE shall also sub-consult with another appraiser (undetermined at this time) for review appraisal
services, if necessary. These sub-consulting fees are included in the Services listed above. HHE does
not mark-up sub-consultant fees.
7.02 �4dditional Services: For additional services of Engineer's employees and / or sub-consultants engaged
directly on the Project, Owner shall pay Engineer an amount equal to the cumulative hours charged to the
Project by each class of Engineer's employees and / or sub-consultants times standard hourly rates for each
EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services.
Copyright �2009 National Society of Professional Engineers Por EJCDC. All rights reserved.
i'H�c 5
*The Expe�se Atnount of $200.00 is estimated, and [he aclual amount will likely be differettt than the
amount reflecied here. HHE witl bill 1he City fos the actual expenses incurred with this project. Expenses
will be tracked separately per Note #Z below.
W. Cemetery Road Bridge Replacement & Stxeet Re-Alignment ROW & Easement Acquisition Services
HHE Project No. 6950-23-01
applicable billing class; plus reimbursable expenses and Engineer's consultants' charges, if any. Engineer's
standard hourly rates are attached as Appendix l.
The following Sarvices 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:
• Attorney / Legai Fees and Expenses.
• Any and all Services related to condemnation of a property / properties.
� Services required to resolve any Hazardous Environmental Conditions in compliance with current
laws and regulations.
• Services related to or regarding arbitration or litigation pertaining to any of the properties included
as part ofthis Agreement.
• Court time and / or testimony pertaining to any of the properties included as part of this Agreernent.
• Additional Serviees 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.
• Services required to establish utility easement(s) for the extension or relocations of franchise
utilities.
• The City of Fairfax shall be fully responsible for all costs for easement and R.O.W Acquisitions,
including any (egal fees that may be necessary to connplete these acquisitions.
Attachments: Appendix l, Engineer's Standard Hourly Rates; Appendix 2, Special Provisions; Attachment
1, Anticipated Project Schedule.
IN WIT'NESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is
indicated on page 1.
J
OWNER: " `
By. a ,: �..
Title: Ma or Pro- m ore
Date Signed: � �`�.,-,���a2 P�
Address for giving notices:
ENGINEf:R: �
BY: � � �. G�
Title: Public Team Leader
Date Signed: �� �� ��'
Engineer License or Firm's Certificate
Number: 421308857
State of: Iowa
Address for giving notices:
City of Fairfax, lowa Hall & Hall En�ineers Inc.
' 300 80�' Street Court, P.O. Box 337
, Fairfaac, IA 52228
186Q Bovson Road
Hiawatha IA 52233
EJCDC E-520 Short H'orm of Agreement Between Owner and Engineer for Professional Services.
Copyright �2009 Nationai Society of Professional Engineers for EJCDC. AIt rights reserved.
Nnec 6
W. Cemetery Road Bridge Replacement & Street Re-Alignment ROW & Easement Acquisition Services
HHE Project No. 6950-23-01
This is Appendix 1, Engineer's
Standard Hourly Rates, r�ferred to in
and part of the Short Form of Agreement
between Owner and Engineer for
Professional Services dated April 11 � 2023
Engineer's Standard Hourly Rates
A. Standard Hourly Rates:
l. 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 rales for servaces performed on or after the Effective Date are:
POSITION LEVEL
I II III
Team Leader $145/hour $150/hour $160/hour
Project Manager $135/hour $140/hour $150/hour
Associate Team Leader $110/hour $120/hour $135/hour
Pro'ect Coordinator $90/hour $1 OS/hour $120/hour
Pro'ect En ineer $115/hour $120/hour $135/hour
Desi n En ineer $100/hour $1 OS/hour $115/hour
Civil En ineerin Technician $90/hour $1 OO/hour $110/hour
Pro'ect Landsca e Architect $115/hour $120/hour $135/hour
Desi n I.andsca e Architect $100/hour $105/hour $115/hour
Landsca e Architect Technician $90lhour $100lhour $110/hour
Pro'ect Surve or $130/hour $135/hour $145/hour
Lead Field Surve or $110/hour $120/hour $130/hour
Dcsi n Surve or $85/hour $105/hour $120/hour
Field Surve or $9S/hour ------------ ____________
ConstructionAdministrator $115/hour $130/hour $140/hour
Construction Observer $90/hour $105/hour $120/hour
Administrator $75/hour $90/hour $l05/hour
Intern $55/hour $65/hour ---------
Aerial Field Surve or $135/hour
Aerial Data Processing $130/hour
Ex ert Witness $200/hour
Traffic Data Collector $95/hour for staff &$50/hour for intern
Milea e — Personal Vehicle $0.66/mile
Milea e- Com an Truck $0.87/mile
Appendix 2, Speciai Provisions
EJCDC E-520 Short Form of Agreement Betwccn Owncr and Engineer for Professional Services.
Copyright �2009 National Society of Professional Engineers for EJCDC. All rights reserved.
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