HomeMy WebLinkAboutRESOLUTION NO. 2023-88RESOLUTION NO. 2023-88
R�SOLUTION AUTHORIZING A PROFESSIONAL SERVIC�S
AGREEMENT BETWEEN THE CITY OF FAIRFAX AND HALL AND
HALL ENGINEERS, INC.
WHEREAS, the Fairfax City Council intends to complete the design for the W. Cemetery
Road Bridge Replacement over Oscar Creek; and
WHEREAS, Hall and Hall Engineers, Inc. has submitted a Professional Seivices
Agreement to provide the civil and structural design of the bridge replacen�ent over Oscar Creek.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax,
Iowa, to enter into this Professional Services Agreeinent 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 tllis Resolution and
the Professional Se�vices Agreement.
Passed and appi•oved this 8th day of August, 2023.
AYES: Nurre, Daly, Pacha, and Wainwright
NAYS: None
ABSENT: Volk
� �� ��
Jo Ann Beer, MayoY�
ATTEST:
Cy thia Stiinson, City Clerk/Treasurer
;
, i :,
2023 W. Cemetery Rcl. aridge Replacement (Design Services)
HHE Project No. 6950-23-03
SHORT FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT effective as of Au�ust 8, 2023 ("Effective Date") between Citv of Fairfax ("Owner")
and Hall & Hall Engineers, Inc. ("Engineer").
Owner's Project, of which Engineer's se�vices under this Agreeme»t are a part, is generally identified as follows:
The Owner has entered into Agreement No. 6-22-HBP-038 with tlie lowa DOT foi• the purpose of financing (with
fedet�al funds) the reconstr�uction ofthe West Cemete�y Road bridge (1�HWA Structui°e No. 503755) over� Oscar Creek.
The Owner desires to have the West Cemetery Road bridge and bridge approach design completed and ready far�
public bidding through the Iowa DOT. I�-IHE sl�all team with Origin Design Co. and other sub-consultants to provide
preliminary and final design as necessa�y to bring this pr-oject through the lowa DOT bid letting process.
Engineer Services under this agreement are gcnerally identified as follows:
A. Topographic Sur-vey: Hall and Hall shall complete a topographic su�vey of the at•ea necessaiy to complete the
2023 West Cerneteiy Road Bridge Replacement project as well as the Utilities Extension and Eagleview Drive,
West Cemeteiy Road, & US Highway 151 Intersection Pr�oject The Topogr�aphic Survey shall include surveying
Oscar creek upstream and downstream of the existing &�roposed b��idge to provide the hydraulic analysis to
design the bridge.
B. Roadway & Trail Design, Traffic Control & Staging: Hall and Hall shall complete the site base map in Autocad
from the topographic su�vey information collected. This base map shall be utilized for� both the West Cemeteiy
Road Bridge Replacement project as well as the Utilities Extension and Intersection Improvement project for• the
intersection of Eagleview Drive and West Cemete�y Road / US Highway 151. Hall and Hall shall complete the
realignment and profile design of West Cemetery Road, as well as the design for the proposed t1•ail and anticipated
modular• block t•etaini�lg wall to be located under the proposed bridge. Hall and Hall shall also prepare the traffic
control and staging for this project, which will ]ike involve routing h�affic fi�om Highway 15l onto Stallman Drive
to West Cemeteiy Road west of the bridge. Prepare and obtain NPDES Permit Authorization, and prepare the
Storm Water Pollution Prevention Plan (SWPPP) for this p��oject This worlc shall also include preparing project
quantities and estimate reference information for the project, and preparing the final documents to be submitted
to the Iowa DOT for public bidding (since federa] money will be used to help fund this project, the project will be
publicly bid through the Iowa DOT rather� than through the City of Fairfax). Answer contracto�� questions that
may arise during bidding.
C. Design Administration: Hall and Hall shall coordinate, prepare and review project scope for the W. Cemetery
Road Project, as well as ongoing coordination with the City, project subconsultants, and the Iowa DOT throughout
the design of the West Ce�r�ete�y Road Bridge Replacement Project. Hall and Hall shall also i�eview plan
documents and submittals fi-om tl�e subco��sultants and provide feedbacl< as necessary, and review the sub-
consultants invoicing. This work shall also include internal coordination and plan review necessaiy to complete
the design of this project.
D. Environmentai Services: W itl� Federal funding inclucled as pai-t ofthis pi�oject, the following sei•vices are required
as part of the 2023 West Cemetery Road Bridge Replacei��ent Project. These Sei�vices incl�ide Wetlands
Determination & Delineation, Threatened and Endangered Species Review & Findings, as well as Asbestos and
�JCDC E-520 Shm•t Pm•m ofAgrcement Bchveen Owner.�nd Lngineer for 1'rofessional Se�vices.
Copyright �02009 National Socict�� of Professional I:nginecrs for CJC:DC. All rights rese�ved.
Pagc l
2023 W. Cemeteiy Rd. Bridge Replacement (Design Se�vices)
HE-lE Project No. 6950-23-03
Lead / Chro�niwn paiilt testing of ihe existing bridge. These services shall be pr�ovided by a subconsultant to Hall
and Hall Engineers. Blane Nansel, RPA with the Office of the State Ai�chaeologist prepa�•ed a Cultw�al Resources
Evaluation for the pi•oposed project site and r•ecommended that no archaeological or historical archaeological
surveys be required for this project site. Therefore, cultuf•al resources analysis o►• archaeological surveys are
not included as part of this agreement. Also, wetland mitigation services are not included as part of this
agreement. If wetlands are found to be located on the p►•oject site, with enough of these wetlancis being
disturbed that tl�ey will need to be re-established on or adjacent to the project site, or credits obtained at a
wetland bank, then these ser•vices shall be add�•essed with an amendment to this agreement, or in a separate
agreement.
E. Preliminary Structural / Bridge Design & Permitting: Origin Design Co. shall provide the structural and bridge
design services for this project.
1. Review provided environmental data to confirm areas of avoidance. Identify means to avoid impacts to
minimize disturbance to wetlands.
2. Meet on site with Hall and Hall Engineers to review the site, identify concerns and/or considerations. Collect
photos as will be needed for the submittal of the hydraulic pe3•mit & calculations to be submitted to the Iowa
DOT.
3. Prepare hydraulic analysis to meet bridge design requirements. Update the approximate HEGRAS model
provided by the Iowa Flood Center with topographic survey data as collected as part of this project to
accurately represent the pj•oject site. This I IEC-RAS model will be used as the existing conditions base model
for comparison of alternatives. Confirm the desir�ed road t�eliability to identify the Design Flood. The
backwater from Prairie Creek should also be checiced if that elevation is available.
4. Obtain proposed horizontal alignment fi-om Hall and Hall Engineers. Identify a vertical alignment that meets
design criteria and that meets adjacent street tie-in locations as identified by Hall and Hall Engineers.
Coordinate with Hall and Hall Engineers regarding guard rail needs and connection to the structure, trail
clearances under the structure, and gradiilg within the floodway. Confirm proposed structure typical section
(roadway width, barrier types, sidewalk width and railing).
5. Consider bea�n and slab type st��uctw�es, identify the options for bridge type and size that �r�eet Iowa DNR
floodplain criteria. Identify the amount of roadway reconstruction needed for logical touchdown limits as
defined by the Iowa DOT. Develop estimate of probable construction cost for structure components for the
inost cost-effective structure. Review anticipated project construction cost to identify the extents ofthe project
to be bid through the Iowa DOT and the extents of the project to be bid locally.
6. Create an exhibit for use by the geotechnical sub-consultant for conducting geotechnical investigations for the
bridge and possible retaining walls. The results of the geotechnical exploration shall be provided to Origin
Design for use in the design of the bridge and possible retaining walls.
7. Based on the selected structure option, prepare a hydt•aulic repo��t as requi�•ed by the Iowa DNR. Prepat•e and
submit Iowa DNR floodplain and United States Army Corps of Engineers (USACE) permit documents. jThe
Preliminary Structural / Bridge Design & Permitting Fee assumes that the USACE will provide a
nationwide permit for this project.)
8. Prepare preliminaiy plans of the structure including grading of the bridge berms, showing the extent of
construction. Prepare exhibits and documenis needed for submittal to the lowa DOT to allow hydraulic
review.
9. Submit V sheet (Situation Plan) as part of 3-Iall and Hall Engineers prelimina�y plans and p��eliminary plan
checklist submittal to the lowa DO7'.
l0. General pr•oject management ai�d assistance with the Federal aid process.
F. Final Structural / Bridge Design: Origin Design Co. shall provide the structural and bridge design services for
this project.
1. After Receipt of the lowa DNR Floodplain Permit, Submit Linn County Floodplain Development Pe��mit.
LJCDC G-�20 Short Ponn of Agreemcnt I3ehveen O�� ner and Engincer fa• P�rofessional Services.
Copyright 02009 i�ation�l Socictv of Professiun�I Gngineers Tor EJCDC. All rights rese�ved.
Pa�=e 2
2023 W. Cemete�y Rd. Bridge Replacement (Desigi� Se�vices)
HI-]E Project No. 6950-23-03
2. Perfo��m Pinal Structure Design and review of the geotechnical report. The brid�e width is ass�uned to be 32'
clear for the roadway width, plus a sidewalk 10' wicle on one side of the structure.
3. If shallow rock exists, L-Pile analysis will be utilized to confinn the mini�r�um depth of pile embedment into
the rock which is needed for the structure.
4. Prepare quantities and bid ite�ns for proposed structure items.
5. Prepare and submit check plans and bridge checklist in accordance with the lowa DOT Instr•uctional
Memorandum for Local Public Agencies to Hall and Hall Enginee�s. Sheets anticipated for submittal as check
plans include V Sheets such as situational plan, sh•uctw�e notes, quantities, and const�•uction plans. Provide a
spreadsheet with bid ite�ns and associated quantiCies, estimated unit costs, and refer�ence notes of the associated
structure plans to allow incorporation into the overall bid items and reference notes being prepared by Hall
and Hall Engineers.
6. Prepare Structure Calculation packet to allow for structure review
7. Prepare load rating calculations for the custom structure as r�equired by instructional Memorandum No. 7.020.
8. Incorporate Checic Plan cotmnents for structw�e sheets. Submit si�ned final sh•ucture plans to Hall and Hall
Enginee�s fo�• incot•poration into full plan set and submittal to the Iowa DOT as final plans.
9. Respond to Structui•e Questions during bidding (Through the Iowa DOT).
10. General Project Management and assistance with the federal aid process.
Possible Additional Services (by Origin Design):
G. Structural Design for Cast-in-Place Concrete Retaining Wall: This would be for a retaining wall along the
south side of the westerly appi•oach of the bridge, adjacent to the Barb Conner Property. This may be an option
to maintain access to the north side of the out-building located on Barb Conner's property.
H. Structural Design and Detailing of Bridge Abutments Taller than the 3' Standard Height: Tall abutments
may allow for the overall bridge length to be shortened.
I. Structural Design of Abutments if Spread Footings Support in Necessary: This would be necessary ifthe rock
is shallow and we are not able to extend the piles deep enough foi- standard abutment design. Based upon the
borings for the Highway 151 bridge project, shallow t-ock is »ot anticipated, so a price for this wot�k has not been
provided. If shallow rock is found with the geotechnical re�ort, or� during construction, and these services will be
required, a fee for this work will be determined at that time and added with a contract amendment.
J. Custom Structural Design of a Pier if Sp�•ead Footings Support in Necessary: This would be necessaiy if the
rock is shallow and we are not able to extend the piles deep enough for standard pier design. Based upon the
borings for the Highway 151 bridge project, shallow rock is not anticipated, so a price for this work has not been
provided. If shallow rock is found with the geotechnical report, or during construction, and these services will be
required, a fee for this work will be determined at that time and added with a conh�act a�r�endment.
K. Development of Aesthetic Options for the I3r•idge, Railings, or Lighting Features: If the City dete��mines that
they would like any of these feaim-es added to the bridge, a fee for this work will be determined at that time and
added with a contract a�nendment.
Services specifically excluded fi•om this agreement, that will be provided under separate agreements:
i. Geotechnical services for the bridge project, as well as for tl�e sanitaty sewer extension, which is part of the
Utilities Extension and Eagleview Dr•ive, West Cemeteiy Road, & US Highway 151 Intersection Project.
ii. Constj�uction engineering services for the 2023 West Cemetery Road B��idge Replacement Project.
iii. Design, bidding, and construction engineering services for the Utilities Extension and Eagleview Drive, West
Cemete�•y Road, & US Highway 151 Inte�section ProjecC. Although this project will be designed under a
separate agreement fi•om the 2023 West Ceir�ete�y Road Bridge Pr•oject, it will be designed in conjunction with
the 2023 West Cemete�y Road Bi-idge Replacement Project.
iv. W. Ce�netery Road Bridge Replacement & Stceet Re-Alignme��t ROW & Easement Acquisition Services.
These services are provided for in a previously approved agreement (I-IHL Project Na 6950-23-01).
EJCDC E-i20 Shm•t Porm of Agrcement 13ch��een O�vner and Enginecr for Vrofession�l Services.
Copyright r02009 N�tional Socich� of 7'rofessional Enginecrs for I:JCDC. All rights rese�ved.
Pa�uc 3
2023 W. Cemetery Rd. Bridge Replacement (Design Seivices)
HI IE Project No. 6950-23-03
Ownet� and Engineer further ag7•ee as follows:
1.01 Basic Agree»�errt and Period of �Se��vice
A. Engineer shall pt•ovide, 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, E»gineer shall fui��ish services in addition to those
set forth aUove. Owner shall pay Engineer for its services as set foj�th in Paragraphs 7.01 and 7.02.
B. Engineer shall complete its se�vices within a reasonable time, o�� within the following specific tirne period:
(The following schedule is an app�•oaimate schedule, and the actual schedule �nay veiy due to situations out
of the control of the Engineer).
a. Cultural Resources Eva]uation: Completed
b. Data / Field Collection: August — October, 2023
c. Environmental SeT•vices: August -- October, 2023
d. Stivcture Sizing: September — Novetnber, 2023
e. Present Options to the City to confi3•m design cr�iteria / Collect public input: November— December, 2023
f. Concept Statement to the Iowa DOT (Initiates the environ�r�enta] review process): December, 2023
g. Sub�7�it lowa DNR flood plain permit: December, 2023
h. Geotechnical Report Completed (Separate Agreement): Janua�y to March, 2024
i. Iowa DNR Floodplain Pe�7nit Review, & Permit Obtained (app3�oximately 8 to 10 weeks): March, 2024
j. Environmental Concurrence — Document Approved: February -- May, 2024
k. Property Appraisal Process — Appraiser to notify property owners (Separate Agreement): February — June,
2024
1. Right-of-Way/Easement Acquisition Negotiations (Separate Agreement): May — Dec., 2024 (Assume 6
Months)
m. Iowa DOT Prelimina�y Plan Submittal: July, 2024 — February, 2025
n. Iowa DOT Check Plan Submittal: September, 2024 — ApriL 2025
o. Iowa DOT Final Plan & Project Development Certificate Submittal: October, 2024 — May, 2025
p. Project Bidding through the Iowa DOT: December, 2024 — August, 2025
c]. Possible Bridge Construction: Api-il — November, 2025
r. Likely BT•idge Construction: April — November, 2026
C. If the Project includes consti-uction-related professional seivices, then Engineer's ti�ne for completion of
ser-viees is conditioned on the time fol• Owner� and its conh�actors to complete construction not exceeding --
months. If the actual time to complete consn�uction exceeds the number of months indicated, then Engineer's
period of service and its total compensation shall be appropriately adjusted.
LJCDC E-520 Short Porm of Agreement I3ehvecn Owner and Lntiinecr Tor P�rofession�l Services.
Copyright 002009 natimial Society oTi'�rofessional Engineers Tor L.JCDC. fVl rights rese�ved.
Pa�c -1
2023 W. Cemetery Rd. Bridge Replacement (Design Se�vices)
HHE Project No. 6950-23-03
2.01 Paymef�t Procedz�res
A. b�voices: Engineer shall prepare invoices in accordance with its standal�d 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 payn�ent 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 maaimu�n rate
of interest permitted by law, if ]ess) from said thirtieth day. In addition, Engineer may, after giving seven days
w�•itten 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 intei•est and then to principal.
3.01 Ter»�inatiorr
A. The obligation to continue performance under this Agreement �nay be terminated:
1. For cause,
a. By either party upon 30 days written notice in the event of substantial failure by the other pai�ty
to perfonn in accordance with the Agreement's terms through no fault of the terminating party.
Failure to pay Engineer for its sei�vices is a substantial failure to perfonn and a basis for
termination.
b. By Engineer:
1) upon seven days written notice if Owner demands that Engineer furnish or perform services
contraiy to Enginee�•'s responsibilities as a licensed professional; or
2) upon seven days written notice if the Engineer's ser�vices for the Project are delayed for• more
than 90 days for j•easons beyond Enginecr's control.
Engineer shall have no liability to Owne�� on account of a tei•mination by Engineer under
Paragr�aph 3.Ol.A.I .b.
Notwithstanding the foregoing, this Agree�nent will not terminate as a result of a substantial
failure under Paragraph 3.O1.A.l .a if the parry i•eceiving such notice begins, within seven days of
receipt of such notice, to correct its substantial failure to perform ai�d 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 failut•e 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 pe��iod 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 Engii�eer's receipt of written notice fi-om Owner.
B. The terminating party lmder Pacagraph 3.O1.A �nay set the effective date of tel�nination at a tiir�e up to 30 days
later than otherwise provided to allow Engineer to complet�e tasks whose value would otherwise be lost, to
prepa��e notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly
files.
LJCDC E-520 Shm•t Form of Agreement BeM�een O�vner and Gngineer for Professional Se���ices.
Copyright �02009 Natimial Society of Professimial I:ngineers for GJCDC. All rights rese�ved.
PaQc 5
2023 W. Cemete�y Rd. Bridge Replacement (Design Services)
}-ll-iE Project No. 6950-23-03
C. In the eve��t of any termination under Paragraph 3.O l, Engineer will be entitled to invoice Owner and to receive
fiill payment fo�• all se�•vices pei-formed or fu�-nished in accordance with this Agr�ee�nent and all rei�r�bursable
expenses incuf-red through the effective date of termination.
4.01 Successor°s, Assigns, a�d Bet�eficiarres
A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives
of Owner and Engineer (and to the extent pet77�itted by Paragraph 4.O1.B the assigns of Owner and Engineer)
are hereby bound to the other par-ty to this Agreement and to the successors, executors, administrators, and
legal representatives (and said assigns) of such othej• party, in respect of all covenants, agreements, and
obligations of this Agj�eement.
B. Neither Owner nor Enginee�• may assign, sublet, or transfer any r�ights unde�• or inte�•est (including, but without
limitation, moneys that are due or may become due) in this Agr�eement without the written consent of the
other, except to the extent that any assignment, subletting, or ti�ansfer is ir�andated 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 Agree�nent shall be construed to create, i�npose, or give
rise to any duty owed by Owner or Engineer to any co�ltractor, subcontractor, supplier, other individual or
entity, or to any surety for or em�loyee of any of them. All duties and responsibilities undertaken pulsuant to
this Agreement will be for the sole and exclusive benefit of Owner ancl Engineer and not for the benefit of
any other party.
5.01 Gene��al Consideratio�rs
A. The standard of care for all professional engineering and related services performed or furnished by �ngineer
under this Agreement will be the car•e and skill ordinaT•ily used by members of the subject profession practicing
under similar circumstances at the same time and in the same locality. Engineer makes no warj•anties, 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 info�•mation
ordinaY�ily or customarily 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 contractoi•'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 secui•ity 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 Ag�•eement is to be governed by the law of the state or jurisdiction in which the Project is located.
D. Engineer neither guarantees the perfoi-�nance of any contractoi� nor assumes responsibility for any contractor's
failure to furnish and perform its work in accordance with the contf�act between Owner and such contractor.
Engineer is not responsible for variations between actual constr�uction bids or costs and Engineer's opinions
oj� estimates regarding construction costs.
E. Engineer shall not be responsible for the acts or omissions of any contracto��, 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 worl<; or for any decision made regaf•ding the
EJCDC E-520 Short I�m•m of Agreement Bet���een Owncr and Enginecr for 1'rofessionai Sei��ices.
Copyright 002009 n�tional Society of Professional Engineers for EJCDC. All rights rese�vcd.
Ya�!e 6
2023 W. Cemetery Kd. Bridge Replacement (Design Services)
HHE Project No. 6950-23-03
consh•uction cont��act r•equire�nents, or any application, intef�pi�etation, 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 Joii�t Contr•act Docmnents
Committee (EJCDC C-700, 2007 Edition) unless the parties agree otherwise.
G. All documents prepared or furnished by Engineer are instruments of se�vice, and Engineer retains a��
ownership and prope�-ty interest (including the copyi•ight and the right of reuse) in such documents, whether
or not the Pi•oject is completed. Owner shall have a]imited license to use the docu�nents on the Project,
extensions of the Pi•oject, and for 3�elated uses ofthe Owner, subject to receipt by Engineer of full payment far
all se�•vices relating to preparation of the documents and subject to the following limitatio»s: (1) Owner
acknowledges that such documents are not intended ot� represented to be suitable for use on the Project unless
completed by �ngineer, 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 Enginee�; (2) any such
use or• reuse, or any modification of the documents, without written verification, completion, oi• adaptation by
Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability
or legal ex�osure to Enginee�� or to its offcers, 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 r�esulting from any use, reuse, or modification of the documents without
written vel�ification, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not
cr�eate 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
employees, officers, directors, agents, insurers, partners, and consultants, any and all claims fo1• or entitlement
to special, incidental, indirect, or consequential damages arising out of, resulting fi�om, or in any way related
to the Project, and (2) agree that Engineer's total liability to Ownei• 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, PCI3s, petroleu�n, 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 Enginee�• or any other party encountels a Hazardous
Environmental Condition, Engineer may, at its option and without liability for consequential oi• any other
damages, suspend perfonnance of services on the portion of the Project affected thereby until Owner: (1)
retains appropriate specialist consultants or contractors to identify and, as approp��iate, abate, remediate, or
remove the Hazardous Envi�•onmental Condition; and (2) war-rants that the Site is in full compliance with
applicable Laws and Regulations.
Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after
notice of dispute. If negotiations ai•e unsuccessfial in resolving the tlisplite, then the dispute shall be mediated.
If inediation is unsuccessful, then the pa�-ties may exercise their� rights at law.
6.01 Total Agreei��er�t
A. This Agreement (including any expressly incorporated attach�nents), constitutes the entire a�ree�r�ent between
Owner and Engineer and supersedes all prior written or oral understandings. This Agree�nent may only be
amended, suppiemented, modified, or canceled by a duly executed written instrument.
IJCDC E-520 Short Torm of Agreement 13ehvicen Owncr and Enginecr Tor Protcssional Scrvices.
Cop��rigt�t �02009 National Society of Pirofessional Engincers for EJCllC. Ali rights reseived.
Na�e 7
2023 W. Cemeteiy Rd. Bridge Replacement (Design Services)
1-1HE Project No. 6950-23-03
7.O1 Basis ofPayme�vt—CostPliis to a i��axin�um, zii�less otl�ertivise v�oted beloi��
A. Usi��g the procedLi3�es set fot-th in Par�agraph 2.O1, Owi�er shall pay Engineer as follows:
Engineer's Standard Hourly Rates ai�e attached as Appendix l
2. Owner to pay all fees and expenses for the pt•oject with no mark up. Fees may include Vehicle
Mileage, Permit Application Fees, Publication fees, and Mailing Pees.
HHE shall sub-consult with Origin Design Co. for bridge / str�uctural design services, and another
firm(s) for environmental engineering services.
7.02 Additioraal Services: For additional services of Engineer's employees engaged dir•ectly on t11e Project, Owner
shall pay Engineer an amount equal to the cumulative hours charged to the Project by each class of Engineer's
employees times standard hour•ly rates for each applicable billing class; plus i•eimbursable expenses and
Engineer's consultants' charges, if any. Engineer's standard hourly rates at•e attached as Appendix 1.
The following Services ai•e NOT included as part of the Scope of Services of t11is Agreement, and ar•e
conside�•ed 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 cuj-rent
laws and regulations.
Additional Services that may be i•equired due to natural disasters or events that impact the project
site, project materials, already co�npleted project work, and/o�• the availability of the Contractor,
Sub-Conh�actors, and City Staff.
Additional selvices as listed elsewhere in this agree�ne��t.
Attachments: Appendix l, Engineer's Standard Hout•ly Rates; Appendix 2, Special Provisions; Attachment
l. Anticipated Project Schedule.
EJCDC I: 520 Shm�t Form of Agreement 13ehreen Owner and ingineer fm� Professional Sen�ices.
Copy�right 002009 Natiunal Society oT Professional Engineers for �JCDC. AII rights rese���ed.
Pa�c 8
'�"`The Exper�se Amou�at of $1,200.00 is eslim�rterl, anr! tlae nctual an�ount will likely be different tlzan Uze
amo�nt reflected here. HHE will bil! the City for the uct�ral expenses incu�°f�erl witla tl�is project. Expef7ses
will be tracJced sepa��ately per Note #2 below.
2023 W. Cemetery Rd. Bridge Replacement (Design Services)
HI IE Project No. 6950-23-03
IN WITTIESS WHEREOF, the parties hereto have executed this f�greenaent, the Effective Date of which is
indicated on page 1.
OWNER:
.�- >
By: Jo Ann Beer �a� ���-� ���✓
1'itle: Mayor
Date Signed: .�� ��
Address for giving notices:
ENGINEER:
By: a�-• � -
Title: T ^u °3 ` e.'�"��..._....� ,r
Date Signed: 8- y" 2 3
Engineer License or Firm's Certiftcate
Number: 421308857
State of; Iowa
Address for giving notices:
Citv of Fairfax, Iowa Hall & Hall Engineers Inc.
300 80`� Street Court, P.O. Box 337 1860 Boyson Road
Fairfax, IA 52228 Fiiawatha IA 52233
EJCDC H: 520 Short Form of Agrecment Behvecn Owner and Engincer for Professional Scrviccs.
Copyright �020D91Yational Society of Professional Engincers for tiJCDC. All rights rescrved.
Paec 9
2023 W. Cemetery Rd. Bridge Replacement (Design Seivices)
HHE Project No. 6950-23-03
This is Appendix 1, Engineer's
Standard Hourly Rates, referred to in
and pa�-t of the Short Form of /lgreement
between Owner and Engineer for
Professional Sei-vices dated August 8, 2023
�ngineer's Standard Hourly Rates
A. StUnclard Hoais�ly Rates:
1. Standard Hourly Rates are set forth in this Appendix l and include salaries
and wages paid to personnel in each billing class plus the cost of customary
and statutory benefts, general and administrative overhead, non-pi•oject
operating costs, and operating margin or �rofit.
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 f•ates foN services perfof•i�aed on� or after the Effective Date ai°e:
POSITION LEV�L
I II III
Team Leader $145/hour $150/hour $l60/hour
Pro'ect Mana er $135/hour $l40/11our $l50/hour
Associate Team Leader $I 10/hour $120/hour $135/hour
Pro'ect Coordinator $90/hour $105/hour $ l 20/hou►•
Pro�ectEn ineer $115/hour $120/hour $135/hour
Desi n En ineer $100/hour $105/houi- $l l5/hour
Civil En ineerin Technician $90/hour $100/hour $1 l0/hou�•
Pr•o'ect Landsca e Architect $I 15/Ilour $120/hour $135/hour
Desi n Landsca e Architect $100/hom� $l05/hour $115/hour
Landsca e Architect Technician $90/hout• $100/hou�• $110/hour
Pro�ect Surve or $l30/hour $135/hou►� $145/hour
Lead Field Surve or $110/hour $120/how• $130/houl•
Desi n Surve or $85/hour $105/hout• $120/hour
Field Surve or $95/hour ------------ ------------
Construction Ad�ninistrator $115/hour $130/hour $l40/llour
Construction Observer $90/hour $105/hou�• $l20/hour
Administrator $75/hour ��O�IIOUI' � � OSI}IOUI'
Intern $55/hour $65/hour ------------
Aerial Field Surve or $135/hour
Aerial Data Processin $130/how•
Ex ert Witness $200/l�our
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, Speci�l Provisimis
IJCDC E-520 Shm•t Porm of Agrcement Betwecn Owner and Engincer for Professional Services.
Copyright �02009 t�'ational Socicty of Professional Engineers fm• L:JCDC. All rights rese�ved.
Pa�c 1
2023 W. Cemetery Rd. Bridge Replacement (Design Se�vices)
1-IHE Project No. 6950-23-03
This is Appendix 2, Special Provisions,
referred to in and part of the Short Poi•m of
Agreement between Owner and F,ngineer for
Professional Services dated August 8. 2023
Special Provisions to this Agreement
Modify paragraph 2.0]A as follows:
Invoices: Engineer shall prepare invoices in accol•dance with its standard invoicing
practices atld 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 monthly service charge of 1.5% (or the maximum rate of interest
per�nitted 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, suspend services
under this Agreement until Engineer has been paid in full all amouuts 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%
service charge.
Additional Terms and Conditions
Access to Szte: Unless otherwise stated, the Enginee�� will have access to the site for
activities, but has not included in the fee the cost of restoration of any resu Iting damage.
Infor°matio�r Provided By 02hers: Owner shall fu�•nish at the Ownei•'s expense, all
info�•mation, requiretnents, reports, data, surveys and inst�•uctions required by tl�is
Agreement. The Engineer may use such information, requirements, �•eports; data, surveys
ar�d instruetions in perfortning its se�•vices and is entitled to rely upon the accuracy and
conlpleteness thereof. The Engineer shall not be held responsible for any errors or
omissions that may arise as a result of erroneous o�• incomplete infoi•mation p�•ovided by
the Owner and/o►• the Owner's consultants and contractors.
Hazaf�dozrs Mate��ials: The Owner agrees, notwithstandirlg any other p�•ovision oF this
Agreement, to the fullest extent permitted by law, to indenlnify and hold harmless the
�»gineer and its sub-eonsultants fi•om and against any and all claims, s�aits, demands,
liabilities, losses, damages or costs, including f-easonable attorneys' fees and defense
costs arising out of or• in any way connected witll 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 Pi•oject site, whether liability arises under
bi•each of contract or wa►•ranty, toi•t, inclti�ding negligenee, strict liability or statutoiy
Appendix 2, Special Provisions
�JCDC E-520 Short Porm of Agreement 13ehveen Owner and Engineer for Yrofessimial Serviccs.
Copyright �02009 National Society of Professional Engincers for EJCDC. Ail rights rese�ved.
Paec 2
?023 W. Cemetery Rd. Bridge Replacement (Design Services)
HHE Project No. 6950-23-03
liability, regulatoiy or any other cause of action, except foi• tl�e sole negligence or willful
misconduct of the Engineer.
Cei°tifrcations, Guai^antees and Warl^anties: The Engineei• shall not be rec�uil•ed to
execute any document that would result in its certifying, gua►•anteeing or warranting the
existence of conditions whose existence the Engineer cannot ascertain.
Fiducial y Responsibility: The Engineer shall not offer any fiducia�y service to the Owner
and no fiduciaty responsibility shall be owed to the Owner by the Enginee►- or any of its
sub-consultants, as a consequence of the Engineer entering into this Agreement with the
Owne�•.
Opir�ions ofProbable ConstNuction Cost: In providing opinions ofprobable construction
cost, the Owner understands that the Engineer has no control over the cost or availability
of labor, ec�uipnlent or materials, or over market conditions or the �nethod of prici»g, and
that the Ei�gineer's opinions of probable consti•uction costs are made on the basis of the
�ngineer's professional judgment and experience. The Engineer• makes no wan•anty,
express or implied, that the bids or the negotiated cost of Project construction will not
valy fi•om the Engineer's opinion of probable construction cost.
Validity of Pricitzg for Services: The seope, schedule and compensation listed for
services in this Agreement shall be valid fo�• 30 days frojn the date Engineer has signed
the agreement. Scope, schedule and compensation are subject to change after the above
30 days have expired.
Mutual Indcmnification
The Engineer agrees, to the fullest extent permitted by law, to indem»ify and hold
harmless the Owner, its officers, directors and employees against damages arising
directly fi•om the Engineer's negligent perfortnance of the services under this ngreement
and that of its sub-consultants or anyone for whom the Engineer is legally liable.
Notwithstanding the foregoing agreernent to indemnify and hold harmless, the pa►-ties
expressly agree that Engineer has no duty to defend the Owner fi�om 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 dan�ages arising directly fi•om
the Owner's negligence of the services under this Agreement and that of its contractors,
subcontractors or consti�ltants or anyone for whom the Owner is legally liable.
Notwithstanding the foregoing agreement to inde►nnify and llold harmless, the pa�lies
expressly agree that Owner has no duty to defetld the Enginee�• fi•om and against a�1y
claims; causes of action, or proceedings of any kind.
Neither the Owner nor Engineer shall be obligated to indemnify the other parry in any
manner whatsoever for the other }�arry's own negligence oi• the negligence of others.
Appendix 2, Speci�l Provisions
lJCDC �-i20 Short Porm of Agreement i3ehveen Owner and P:ngineer f'or Professional Se���iccs.
Copyright 002009 National Society of Professim��l Engineers for EJCDC. All rights reserved.
Pase 3
2023 W. Cemetery Rd. Bridge Replacement (Design Services)
HHE Project No. 6950-23-03
Clarification to the Definition of Enginee►�
Fof- the purposes of tl�is Agreement, services provided by the Engineel• may include land
sw-veying, landscape architecture, and environmental services in addition to civil
engineering.
Clarification to the Definition of Owner
Por tl�e purposes of this Agreement, the Owner may be a general contcactor, sub-
contraetor, individual, corpol•ation, non-profit, consultant, and any other type of entity
for which tl�e Engineer is pr•oviding services.
�lectronic Data Release
The owner exercises the right to request that the Engineer provide a copy of thei�•
electi�onic 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 �Zot be
intended for construction use. Owner's use or reuse, reproduction, dissemination, and/or
review (both internally and externally) shall be ai the Ow»er's risk and full legal
res}�onsibility. Owner shall be fully and solely responsible for reconciling of said
electronic files with final ce��tified hard copies produced by the Engineer. Only the f7nal
certified hard copies ofthe survey, design and/or data fles shall be the official plans and
documents for the project.
By signing this agreement, the Owner does hereby agree to indemnify at�d hold tl�e
Engineer, it's manager(s), member(s), officers, agents and employees harmless fi•om any
claims, suits, dama�es, liability, demands or costs, including attorney fees resulting fi•om
or arising out ofthe 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
agt•ees to pay all attorney fees incurred by Engineer.
The Engineer retains ownership and a property interest in all electronic data prepared to
complete the Engineer's services, including AutoCAD Di•awing 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 fui•nished data, along with cont�•ol points, elevations and
grades shown on Engineer's plans can be used by others for construction
surveys. Engineer will not provide construction survey suppoi•t to others using
F..,ngineer's CAD Data.
Appendix 2, Spccial Provisions
IiJCDC �-520 Short Form of Agreement 13etween Owner and I'sngineer for P�rofessional Sei��iccs.
Copyright �02009 National Society of Professiai�l I?.ngineers fm� I�JCDC. All rights reseived.
Paac d