HomeMy WebLinkAboutRESOLUTION NO. 2023-120RESOLUTION NO. 2023-120
RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES
AGREEMENT BETW�EN THE CITY OF FAIRFAX AND HALL AND
HALL ENGINEERS, INC.
VVHEREAS, the Fairfax City Council intends to complete the design for the Eagleview
Dr., W. Cemetery Rd., & Highway 151 Intersection Realignment & Utilities Extension Project;
and
WHEREAS, Hall and Hall Engineers, Inc. has submitted a Professional Services
Agreen�ent to provide civil design & consh-uction engineering services for the realignment of the
Eagleview Dr., W. Ceinetery Rd., and Highway 151 intersection, as well as associated utilities
extensions within the project limits.
NOW, THER�FORE, 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.
SE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa, that
the Mayor and City Clerk ai•e hereby authorized and directed to execute both this Resolution and
the Professional Services Agreement.
Passed and approved this 14th day of November, 2023.
AYES: Nui7-e, Daly, Pacha, Volk, and Wainwright
NAYS: None
�� ��- ""�e-.�-
Jo Am1 Beer, Mayor
ATTEST:
r�..�
�
� �
lthia Stimson, City Clerk/Treasurer
r�
Eagleview Dr., W. Cemetery Rd., & Hury. 151 Intersection Realignment & Utilities Extension Project
HfIF, Project No. 6950-23-04
SHORT FORM OF AGREEMENT
BETWEEN OWNER AND FNGINEER
FOR
PROFESSIONAL SERVICES
THIS 1S AN AGREEMLNT effective as of November 1=t, 2023 ("Effective Date") between City crf F�'airfax
("Owner") and 1-Iall & �-ia[1 ����.inuers ���c. ("Engineer").
�
Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows:
The Owner has entered into Agreement No. 6-22-HI3P-038 with the Iowa DOT for the purpose of fi�iancing (with
federal funds) the reconstruction of the West Cemetery Road bridge (FHWA Structure No. 503755) over Oscar Creek.
The City desires to construct this bridge, and the bridge approaches along W. Cemetery Road such that W. Cemetery
Road shall be re-aligned and shall intersect with the proposed north-south Eagleview Drive. 'I'he north-south
Eagleview Drive shail intersect with Highway i 5] at a location slightly north of the current W. Cemetery Road /
Highway 151 intersection. The services included as part of this agreement a�-e design engineering services, public
bidding services, and construction engineering services for the realignment of the I;agleview Drive, W. Cemetery
Road, & Highway I51 intersection, as well as the related City's utilities extensions through and adjaccnt to this
intersection improvements, and the adjacent W. Cemetery Road I3ridge Project.
Engineer Services under this agreetnent are generally identified as follows:
A. Design Engineering Services: Topographic survey for the majority of this site has been completed with the W.
Cemetery Road Project. Hall and Hall Engineers, Inc. (HHE) shall complete additional topographic survey in the
project area as necessary. HHE shall update the project base map as needed, and shall co�np(ete the preliminary
design for City's sanitary sewer, water main and storm sewer, as well as the grading for the new roadways &
intersections, and street pavement design. I IHE shall coordinate with the Iowa DOT for the work in the Hwy 151
R.O.W., as well as the new intersection of Eaglcview Drive with Highway 151. HH� shall obtain the necessary
construction permits from the Iowa DOT, as well as from the Iowa DNR for the sanitary sewer and water main
construction, and the Iowa DNR's NPDES permit authorization. HIIE sl�all 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. Although this project shall be designed under a separate agreement from the 2023 West Cemetery
Road Bridge Project, it will be designed in conjunction with the 2023 West Cemetery Road Bridge Replacement
Project.
B. Public Bidding Services: Once the Final Plan of Improvements, Project Manual, and Engitteers Estimate of
Probable Costs are complete, HHE shall put this project of for competitive bids through a public letting process.
HIiF, shall use Rapids Reproductions to assist with the public bidding process. I IHE shall coordinate with Rapids
Reproductions, as well as pe►-spective biddeis throughout thc bidding process. HI IE Shall also provide up to 2
Addendums to address bidders qucstions during the bid process. It is anticipated that there wi11 NOT be a Pre-
Bid Meeting with perspective bidders. HI I� shall attend the Bid Letting, and shall open the bids as appropriately
submitted. HHE shall prepare the bid tab fot• this project, and sha11 prepare a recommendation to award the project
for the City Council. HHF shall provide these Public Bidding Services for One (1) Bid i,etting.
C. Constr�etion Engineering Services: HHE shall work with the apparent low bidder to execute the project contract
documents. Once these documents are executed, HI-lE 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
EJCDC E-520 Short Form of Agreemcnt Behvccn Owncr and F,ngineer for Professional Serviccs.
Copyright 002009 �ational Society of Professional Enginccrs for EJC:llC. All rights rescrved.
l's��c I
EagIeview Dr., W. Cemetery Rd., & Hwy. 151 Intersection Realignment & Utilities Fxtension Project
HHE Project No. 6950-23-04
the meeting has been completed. FIHE shall attcnd 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 4 Change Orders) from the Contractor to the City. Upon Substantial
Completion ofthe project, HHE shall complete a project walk through with the Contractor and City Staff and shall
provide a punch lit of final items to be addressed to bring the project to completion. Once the project is complete,
HHE shall work with City Staff to provide a recommend to the City Council to accept the project HHE shail
provide Construction Observation Services (llp To 400 Hours) on a part time bases forthis project. These services
shall include Construction Observation as requested by City Staff, as well as testing services as requested by City
Staff. HHE shall a(so provide Construction Staking for this project. Construction Staking shall be provided one-
time, and Re-Staking is not included as part ofthis Agreement.
Services specifically excluded from this agreement, that will be provided under separate agreements:
i. Geotechnical services for the bridge project, as wel l as for the sanitary sewer extension that is part of this project.
ii. Design andlor construction engineering services for the 2023 West Cemetery Road Bridge Replacement Project.
iii. Right-of-way (R.O.W.) and/or Easement Acquisition Services, including property appraisals.
Owner and Engineer further agree as follows:
1.0 l Ba,sic Agreement and 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 oi 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 Parab aphs 7.01 and 7.02.
B. Engincer sha11 complete its services within a reasonable time, or within the following specife time period:
(The following schedule is an approximate schedule, and the actual schedule may very due to situations out
of the control of the Engineer).
Although this project will be designed and constructed separately from the 2023 West Cemetery Road Bridge
Project, this Project and the 2023 West Cemetery Road Bridge Projeet are directly tied to each other due to
their proximity to one another, as welI as the Road Closures and staging for both of these projects. 7'herefore,
the schedule of this project shall be very similar to the schedule of the 2023 West Cemetery Road Bridge
Project, with Construction possible for 2025, but likely in 2026.
a. Design Engineering Services: August, 2023 — November, 2024 1 November, 2025
b. Public Bidding Services: November, 2024 — February, 2025 / November, 2025 — February, 2026
c. Construction Engineering Services: February, 2025 — June, 2026 / February, 2026 — June, 2027
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 the number of months indicated, then Engineer's
period of se�vice and its total compensation shail be appropriately adjusted.
EJCDC E-520 Short Form of Agrecment Berivccn Owner and Engincer for Professional Services.
Copyri�ht �02009 �ational Socicty of NroFessio��al Enginecrs for TJCDC. All ri�hts reserved.
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F,agleview Dr., W. Cemetery Rd., & Hwy. I51 Intersection Realignment & Utilities Extension Project
} IFIE Project No. 6950-23-04
2.01 Paymer�t Procedures
A. Invoices: I.;ngineer 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 I;ngineer for services and expenses witilin 30 days after receipt of Engineer's
invoice, then the amounts due Engineer will be increased at the rate of I.0% per month (or the maximum rate
of interest pennitted by law, if less) from said thirtieth day. ln addition, Engineer may, aftcr 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.
3.0 ] Termination
A. The obligation to continue performance under this Agreement may be terminated:
1. For cause,
a. By either parly upon 30 days written notice in the event of substantial failure by the otllet• party
to perform in accordance with the Agreement's terms through no faiilt of t}�e terminating pariy.
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 liability to Owner on account of a termination by F,ngineer under
Paragraph 3.O1.A.l.b.
c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial
failure under Paragraph 3.O1.A.l .a if the parly 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 atternpted 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 ihe notice.
2. For convenience, by Owner effective upon Engineer's receipt of written notice from Owner.
B. "I'he terminating party under Paragraph 3 A l.A may set the effective date of termination at a time up to 30 days
latet� 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.
EJCDC E-520 Short Form of Agreement Betwcen Owncr and Engineer for Professional Services.
Copyright �02009 Ndtional Socicty oFProfessional EnRineers for EJCDC. All rights reservcd.
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Eagleview Dr., W. Cemetery Rd., & F-Iwy. 151 Intersection Rea(ignment & Utilities Extension Project
H13F, Project No. 6950-23-04
C. In the event of any tcrmination under Paragraph 3.01, Engineer wil l 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 tennination.
4.01 Successors, Assign,s, and 13eneficiaries
A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives
of Owner and Engineer (and to the extent permittcd by Paragraph 4.01.�3 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 ofthis Agreement.
B. Neit}�er 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 assignmant, subletting, or transfer is mandated or restricted by taw. 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 othe�tivise, nothing in this Agreement shali be construed to create, impose, or give
rise to any duty owed by Owner or E►agineer 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 benefit of
any other pariy.
5.01 General Considerations
A. Thc standard of care for all professional engineering and related services performed or fun�ished by Engineer
under this Agreement wiil be the care and skill ordinarily used by members ofthe subject profession practicing
under simitar circumstances at the same time and in the same locality. Engineer makes 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 consiiltants may use or rely upon design elements and information
ordinarily or customarily furnished by others, including, but not limited to, specialty contractors,
manufacturers, suppliers, and the publishers of technical standards.
B. Engineer sha31 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 seleeted 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 Owner and such contractor.
Engineer is not responsible for variations betwecn 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 employees) at the Project
site or otherwise furnishing or performing any construction work; or for any decision made regarding the
EJCDC F,-520 Short Form of A�reement Between Owner and L:nginetr I'or Professional Services.
Copyri�ht �020091Vational Society of Profcssional Engineers for P:JCUC. All rights reserved.
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Gagleview Dr., W. Cemetery Rd., & Hwy. I51 Intersection Realigmnent & Utilities Extension Project
EII IE Project No. 6950-23-04
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 Edition) unless the parties agree otherwise.
G. All documents prepared or furnished by Engineer are instruments of se�vice, 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 se�vices 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 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
F,ngineer, 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, ►nembers, 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
wt•itten veri6cation, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not
create any rights in third parties.
H. "l�o the fullest extent permitted by law, Owner and �ngineer (1) 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 lirnited 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.
§§9C01 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, or
remove the Hazardous Environmental Condition; and (2) warrants that the Site is in full compliance with
applicabte 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 are unsuccessful in resolvii�g tlle dispute, then the dispute shall be mediated.
If inediation is unsuccessful, then the parties may exercise their rights at law.
6.01 Total Agreement
A. 'I'his 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 writtez� instrument.
EJCDC F,-520 Short rorm of Agrecmcnt Between Owner and Engineer for Professional Scrvices.
CopyrightOO2009 National Society of Professional Gngineers for EJCUC. All rights rescrvcd.
1'aee _5
Eabieview Ur., W. Cemetery Rd., & Hwy. I51 Intersection Realignment & Utilities Gxtension Project
HHE Projcct No. 6950-23-04
7.01 Basis of Paymenl--Cost Plus to a maximum, unless otherwise noted below
A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows:
SL'X VIC;E
FEE
A. Desi n En ineerin Services $169,500.00
B. Public Biddin Services $10,000.00
C. Construction En ineerin Services $119,800.00
Sub-Total. $299,300.00
D. Ex enses $4,300.00
TOTAL: $303,600.00
**T{ee Expense Amount of $4,3(10.00 is estimated, and tl�e actual amount wr[! [ike[y be �tiJJerent tnan the
nm�unt reflected here. HHE will hill the City for tfte nctuul expenses inc�srred with this project. Expenses
wil! be trr�ckerl separateJy per Note #2 below.
Engineer's Standard Hourly Rates are attached as Appendix 1
Owner to pay all fees and expenses for the project with no mark up. Fees may include Rapids
Reproduction Reii7lbursements for Public Bidding Services, Vehicle Mileage, Permit Application
Fees, Publication fees, and Mailing Fees.
7.02 Additional Services: For additional services of Engineer's employees 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 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 I.
"I'he following Services are NOT included as part of the Scope of Services of this Agreement, and are
considered Additional Services above and beyond the Scope and Schedule as provided for in this Agreement:
Services reyuired to resolve arry 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 listed elsewhere in this agreement.
Attachments: Appendix 1, Engineer's Standard Hourly Rates; Appendix 2, Special Provisions; Attachment
l , Anticipated Project Schedule.
IN WiT'NESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is
indicated on page 1.
EJCDC E-520 Short Form of Agrecment Bctwccn Owner and Gn�incer for Professional Services.
Copyright C�i20f19 National Society of Prnfessional �nRineers for EJCDC. All rights reserved.
!'u�e G
Eagleview Di•., W. Cemetcry Rd., & I Iwy. 151 Intersection Realignment & Utilities Extension Project
HHF. Project No. 6950-23-04
O WNF,R:
I3y: Jo Ann Beer (.,, �%'�R,��.QC?�E.-'
Title: M
Date Signed; �1��/� �-�
Address for giving notices:
I;NC INE:L•;[Z: �
�y: � �.� �
Title: � �1 �_ .��'°'�� ���'t -� r
Date Signed: ���.� � � � d Z- �
�
Engineer License or Firm's Certificate
Number: 421308857
State of: Iowa
Address for giving notices:
City of Fairfax, Iowa Hall & Hall En�neers tnc.
300 SO`'' Street Court, P.O. Box 337
Fairfax, IA 52228
1860 Boyson Road
Hiawatha IA 52233
F.JCDC E-520 Short Porm of Agreement Bchvccn Owner and Enginecr for Professional Services.
Cupyright 0206) NaGonal Society of Professional F,ngineers for F,JCDC. Ali rights rescrved.
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Eagleview Dr., W. Cemetery Rd., & Hwy. 151 Intersection Realignment & Utilities F,xtension Project
HHE E'roject No. 6950-23-04
This is Appendix 1, Engineer's
Standard Hourly Rates, referred to in
and part of the Shori Form of Agreement
between 4wner and Engineer for
Professional Services dated Novenlbea• 1�,
2023
En�ineer's Standard Hourlv Rates
A. .Standard Hourly Rutes:
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 administrative overhead, non-project
operating costs, and operating margin or profit.
2. The Standard Hourly Rates apply only as specified in Paragraphs 7.01 and
7.02, and are subject to annual review and adjustment.
B. Hourly rates,for services perforrned on or after the Lffective Date are:
AppenJix 2, Spccial }'rovisions
EJCDC k:520 Short Form of Agreement Behveen Owncr and F,ngineer for Professional Services.
Copyright �02009 National Society oTProfessional Engineers for E,fCDC. Ali rights reserved.
Paec 1
Eaglcvicw Dr., W, Cemetery Rd., & I Iwy. I51 Intersection Realignment & Utilities �;xtension Project
HHI: Project No. 6950-23-04
This is Appendix 2, �pecial Provisions,
referred to in and part of the Short Form of
Agreement between Owner aild Engineer for
Professional Services dated Nc�vexnk�e�� 1�,
2023
Special Provisions to this Agreement �� �
Modify paragraph 2.01 A as follows:
Invoices: �ngineer 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 monthly service charge of 1.5% (or the maximum rate of interest
permitted by law, if less). If any portion or all of an account remains unpaid 90 days
after the invoice date, the Owner shall pay all costs of colleetion, including reasonable
attorney's fees and said accounts may be assigned to a credit agency, be the basis of
inechanics liens, or any and all other debt collection remedies available. In addition,
�-_--.. _.__.._._ _._. � ._.�_.._..___...____..._ _._._
POSITION LEVEL
� I II III
Team Leader $145/hour $150/hour $160/hour �
Project Mana�er $135/hour $140/hour ____ $150/hour _ ^ _
Associate Team Leader $110/hour $120/hour $135/hour
�..�_ _ _
Project Coordinator $90/hour $105/hour $120/hour
Proj ect En ineer __� $115/hour $120/hour $135/hour
__ _ �
Design En�;ineer $100/hour $105/hour $115/hour
� ._._.....,� _
Civil Engineering Technician $90/hour $100/hour $110/hour
1'ro'ect Landsca e Architect $115/hour $120/hour $135/hour
__�_� ______� _ _ � m
Desi�n Landsca e Architect $100/hour $105/hour $115/hour
�____ -
Landscape Architect Technician $90/hour $100/hour $110/hour
...�_ ___�__��
Project_Surv�or $130/hour $135/hour $145/hour
Lead Field Surveyor $110/hour $120/hour $130/hour
___..__ ...................__.._� ____._._..
Design Surv�or $85/hour $105/hour $120/hour
_._...__._
Field Surve�or $95/hour ------------ ------------
_._ _. __. ____ ______
Construction Administrator $115/hour $130/hour $140lhour
Construction Obseiver � $90/hour $105/hour � $120/hour
_. �...._ � _�_� _ _ ���_..____
Administrator $75/hour $90/hour $105/hour
_� �..�_� _..._� ...._ ,� � �_� ��
Intern $55/hour $65/hour ! ------------
Aerial Field Survevor $135/hour�
---- _e _.. ..... _ _....._._.�.�. �____.___
Aerial Data Processing $130/hour
— _._..._....__.. � _ ___ � _,.._..._
Expert Witness $200/hour
Traffic Data Collector $95/hour for staff &$50/hour for�intern �
m..w., r.._��.re._..... _ �« _� .__.___ _� _.__
Milea�e - Personal Vchicle $0.66/mile
�_.___ _ _ ____ ----- ___
! Milea�e - Com�any Truck � $0.87/mile
� �. . _. __._a�.�._... � _ . .__. _-. _ ........ .... ._ _ _ .__---____..
Appendix 2, Spccial Provisions
[�:JCDC G520 Short form of Agrecment Behveen Owner and Engineer for Professional Services.
Copyright Cc�2pp9 National Society of Professional Engineers for F,JCDC. All rights reserved.
PaQe 2
Eaglcview Dr., W. Cemetery Rd., & I iwy. I51 Intersection Realignment & Utilities Fxtension Project
HHE Project No. 6950-23-04
Engineer may, after giving seven days written notice to Owner, suspend services
under this Agreement until Engineer has been paid in full all amounts due for
services, expenses, and other related charges. Owner waives any and all claims
against Engineer for any such suspension. Payments will be credited first to interest
and then to principal. Invoices paid be credit eard will be charged an additional 4%
service charge.
Additional Terms and Conditions
�lccess ro Site: Unless otherwise stated, the Engineer will have access to the site for
activities, but has not included in the fee the cost of restoration of any resulting damage.
Information Provided By Other.r: Owner shall furnish at the Owner's expense, all
information, requirements, reports, data, surveys and instructions required by this
Agreemer�t. The Engineer may use such information, requirements, reports, data, surveys
and instructions in performing its services and is entitled to rcly upon the accuracy and
completeness thereof. The Fngineer shall not be held responsible for any errors or
omissions that may arise as a result of erroneous or incomplete infornlation provided by
the Owner and/or the Owner's consultants and contractors.
Ilazardous MateriaCs: 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, presenee, handling,
removal, abatement, or disposal of any hazardous or toxic substances, products or
materials that exist on, about or adjacent to the Project site, whether liability arises under
breach of contract or warranty, tort, including negligence, strict liability or statutory
liability, regulatory or any other cause of action, except for the sale negligence or willful
misconduct of the Engineer.
Certifications, Guarantees and Warranties: The Engineer shall not 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.
Fiduciar•y Responsibiliry: The Engineer shall not offer any fiduciary service to the Owner
and no fiduciary responsibility shall be owed to the Owner by the Engi��eer or any of its
sub-consultants, as a consequence of the Engineer entering into this Agreement with the
Owner.
Opinions �fProbahle 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
Engincer's professional judgment and experience. The �ngineer makes no warranty,
express or implied, that the bids or the negotiated cost of Project construction will not
vary from the Lngineer's opinion of probable construction cost.
Appeodix 2, Special Provisions
F,JCDC ti-520 Short Porm oTAgreement i3ehvecn Owner and Engineer for Nrofessional Scrvices.
Cupyright `�J2009 National Society of Professional Engineers for EdCDC. All rights reserved.
1'a�c 3
Eaglcview Dr., W. Cemetery Rd., & Hwy. 151 Intersection Realignment & Utilities Extension Vroject
HHE; Project No. 6950-23-04
G'alidity of � Pr•icing , for ,Se�vices: The scope, schedule and compensation listed for
services in this Agreement shall be valid for 30 days from the date �ngineer 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
hannless the Owner, its officers, directors and employees against damages arising
directly from 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 haz-mless, 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 agree that Owner has no duty to defend the Engineer from and against any
claims, causes of action, or proceedings of any kind.
Neither the Owner nor Engineer shall be obligated to indemnify the other party in any
manner whatsoever for the other party's own negligence or the negligence of others.
Clarification to the DeFnition of Engineer
For the purposes of this Agreen�ent, services provided by the Engineer may include land
surveying, landscape architecture, and environmental services in addition to civil
engineering.
Clarification to the Definition af 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 Engineer 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 cxternally) shatl be at the Owner's risk and full legal
Appendix 2, Speciat Provisions
EJCDC E-520 tihort Form of Agrcemcnt l3chveen Owner and Gngineer for Professional Sen�iccs.
Capyright �2009 National Society of Yrolessional Engincers for F:JCDC. AII rights reserved.
Paec 4
Eagleview Dr., W. Cemetery Rd., & Hwy. 151 Intersection Realignment & Utilities Extension I'roject
HHE Project No. 6950-23-04
responsibility. Owner shall be fully and solely responsible for reconciling of said
electronic files with final certified hard copies produced by the Engineer. Only the final
certified hard copies of the survey, design and/or data files shall be the official plans and
documents for the project.
By signing this agreement, the Owner does hereby agree to indemnify and hold the
Engineer, it's manager(s), member(s), officers, agents and employees harmless from any
claims, suits, damages, liability, demands or costs, including attorney fees resulting from
or arising aut 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 Engineer.
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 canstruction survey support to others using
Engineer's CAD Data.
Appcndix 2, Special Provisions
EJCDC ti-520 Short Form ofAgreement 13etween Owncr and Engineer for Professional Scrviccs.
Copyrighl �02009 Na6anal Socicty of Professional Engincers for E,TCDC. All rights reserved.
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