HomeMy WebLinkAboutRESOLUTION NO. 2022-23RESOLUTION NO. 2022-23
RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF FAIRFAX AND HALL AND
HALL ENGINEERS, INC.
WHEREAS, the Fairfax City Council intends to extend water main facilities along US
Highway 151 under the Union Pacific Railroad and north froin Prairie Avenue, under Prairie Creek
and to the end of the existing water main located north of Prairie Creek; and
WHEREAS, Hall and Hall Engineers, Inc. has submitted a Professional Services
Agreement to provide design engineering, bidding, and construction engineering services for the
2022 Water Main Extension Project along US Highway 151.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax,
Iowa, to enter into this Professional Services Agreement with Hall and Hall Engineers, Inc. as
attached.
BE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa, that
the Mayor and City Clerk are hereby authorized and directed to execute both this Resolution and
the Professional Services Agreement.
Passed and approved this 8th day of March, 2022.
AYES: Nurre, Pacha, Volk, and Wainwright
NAYS: None
ABSENT: Daly
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Burnell G. Frieden, Mayor
ATTEST:
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C nthia Stimson, City Clerk/Treasurer
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2022 Water Main Bxtension Project
HHE Project No. 6950-22-04
SHORT FQRM OF AGREEMENT
BETWEEN OWNER AND ENGINEER
FOR
PROFESSI4NAL SERVICES
THIS IS AN AGREEMENT effective as of March $, 2022 ("Effective Date") between;�ii�oi'`�'airiax ("Owner")
and.1-tall c� Hall �iigineers,, tnc. ("Engineer").
Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows:
Site Surveying and Civil Engineering Professional Services for the design and part-time construction engineering for
the fotlowing items: Connect the existing water supply main along the east side of US Highway I S t under the Union
Pacific Railroad tracks and under Prairie Creek.
Bngineer's Services under this Agreement are generally identified as fotlows:
The Work generally consists of the Site Topographic Survey, establish the alignment and design of a 12-inch diameter
water rnain under the Union Pacific Railroad Tracks along US Highway 15 t; establish the alignment and design of a
12-inch diameter water main from the north side of Prairie Avenue to the north side of Prairie Creek, in between US
Highway 151 and 106 Prairie Avenue; put the project out for competitive bids, and provide construction staking and
construction engineering services on a part-time basrs. This project will inchtde coordination and permitting with the
Union Pacific Railroad, Iowa DOT, Iowa DNR, US Army Corp. of Engineers, Private Utility Companies, ar�d the
property owners of 106 Prairie Avenue.
A. Design Services.
1. Obtain Topographic Survey alang the east side of US Highway 151 along the south and north sides of
the Union Pacific Railroad, as well as along the east side of US Highway 151 from the north side of
Prairie Avenue to the south side of Prairie Creek, and from the north side of Prairie Creek to just north
of the existing water main dead-end, adjacent to l2d Williams Blvd.
2. Prepare necessary base mapping.
3. Sub-consult with a Geotechnical Sub-Consultant to identify sub-surface rock locations / elevations.
4. Coordination with City of Fairfax Staff.
5. Coordination with impacted Utility Companies.
6. Coordination and Permitting with the Union Pacific Railroad.
7. Coordination and Permitting with the Iowa DOT.
S. Coordination and Permitting with the Iowa DNR.
9. Coordination and Permitting with the Iowa DNR and the US Army Corp of Engineers.
10. Coordination and obtain possible easement (if necessary) from the praperty owners at 106 Prairie Ave.
11. Complete the design and plan of itnprovements for the 12-inch diameter water main improvements
under the Union Pacific Railroad Tracks, as well as from Prairie Avenue to Prairie Creek, under Prairie
Creek, and north to the end of the existing water main.
B. Public Bidding
I. Solicit and obtain public Bids ( I time) for the construction of the proposed water main improvements.
We will utilize Rapids Reproductions as a sub-consultant to help with the public bidding process.
2. Attend the Public Bid Opening, prepare the Bid Tab, and provide a recommendation to Council on #he
apparent low bidder.
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E.ICDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Serviccs.
Copyright (�2409 National Society of Prcr1'essional Engineers for F.JCDC. Al{ rights reserved.
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2022 Water Main Extension Project
HHE Project No. 6950-22-04
C. Construction Engineering and Surveying Services.
1. Provide construction staking for the water main improvements.
2. Provide part-time construction administrative services consisting of the following: attendance of a pre-
construction meeting; review the material submittals from the contractor; review and recommendation of
pay applications and change orders; and provide the appropriate project close-out documents.
3. Provide part-time construction observation consists of up to 11 Q hours of on-site construction observation.
It is anticipated that HHE may be on-site to perform construction observation / testin�; services for
approximately 10 to l 5 hours per week for approximately 8 weeks during the construction of #his project.
Owner and Engineer further agree as follows:
1.01 Basic 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 of changes in the Project, Engineer shall furnish services in addition to those
set forth above. �wner shall pay Engineer for its services as set forth in Paragraphs 7.01 and 7.02.
B. Engineer shall complete its services within a reasonable time, or within the following specific time period:
• A. Design Services: March 2022 — August 2022
e B. Construction Engineering and Surveying Services: September 2022 — November 2022
C. If the Project incIudes construction-related professional servic�s, then Engineer's time for completion of
services is canditioned on the time for Owner and its eontractors to complete construction not exceeding 4
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 appropa•iately adjusted.
2.01 Payment Proceclure.s
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 3Q days of receipt. If Owner fails
to make any payment due Engineer for services and expenses within 30 days after receipt of Engineer's
invoice, then the amounts due Engineer will be increased at the rate of 1.0% per month (or the znaximum rate
of interest permitted by law, if less) fram 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 ottter related charges. Owner waives any and all claims against
Engineer for any such suspension. Payments will be credited first to interest and then to prineipal.
3A1 Termination
A. The obligation to continue performance under this Agreement rnay 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.
EdCDC E-520 Short Form of Agreement Between Owner and Engineer For Professional Serviccs.
Cnpyright C�2009 Nationat Society of Professional Engineers for EJCDC. Ali rights rescrved.
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HHE Project IYo. 6950-22-04
Failure to pay Engineer for its services is a substantial failure to perform and a basis fnr
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 reasans beyond Engineer's control.
Engineer shall have no liability to Owner on account of a terminaiion by Engineer under
Paragraph 3.O1.A.l .b.
c. Notwithstanding the foregoing, this Agreement will not terrninate as a result of a substantial
failure under Paragraph 3.01.A.1.a if the party receiving such notice begins, within seven days of
receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure
such failure within no more than 30 days of receipt of notice; provided, however, that if and to
the extent such substantial failure cannot be reasonably cured within such 3Q day period, and if
such parly has diligently attempted to cure the same and thereafter continues diligently to cure
the same, then the cure period provided for herein shall extend up to, but in no case more than,
60 days after the date of receipt of the notice.
2. For convenience, by Owner effective upon Engineer's receipt of written notice from Owner.
B. The terminating pariy under Paragraph 3.01.A may set the effective date of termination at a time up to 30 days
later than otherwise provided to allow Engineer to complete tasks whose value would otherwise be lost, to
prepare notes as to the status of comple#ed and uncompleted tasks, and to assemble Project materials in orderly
files.
C. In the event af any termination under Paragraph 3.01, Engineer will be entitled to invoice Owner and to receive
full payment for all services performed or furnished in accordance with this Agreement and all reimbursable
expenses incuned through the effective date of termination.
4.01 Successors, Assrgn,s, 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.O1.B the assigns of Owner and Engineer)
are hereby bound to the other parly 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. 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
specificaily 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 Engineer to any contractor, subcontractor, supplier, other individual or
F,.1CDC P;-520 Short Form of Agreement Behveen Owner and Engincer %r Professional Services.
Copyright �2009 National5ociety of Yrofessional Engincers for E,.JCDC. All rights reserved.
PaQe 3
2022 Water Main Extension Project
HHE Project No. 6950-22-04
entity, or to any surety for or employee of any of them. All duties and respansibilities undertaken pursuant to
this Agreement will be for the sole and exctusive benefit of Owner and Engirleer and not for the benefit of
any other party.
5.01 General Considerations
A. The standard of care for all professional engineering and related services performed or furnished by Bngineer
under this Agreement will be the care and skil} ordinarily used by members of the subject profession practicing
under similar cireumstances 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 consultants may use or rely upon design elements and information
ordinarily or custotnarily 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 shalI
Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures
of construction setected 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 perfonn 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 ernployees 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 tha
construction contraet 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 Doeuments
Committee (EJCDC G70Q, 200? Edition} untess the parties a�ree otherwise.
G. All documents prepared or furnished by Engineer are instriaments of service, and Engineer retains an
ownership and property interest (including the copyright and the right of reuse) in such documents, whethe,�r
or not the Project is completed. Owner shalt have a limited license to use the documents on the Project,
extensions ofths Project, and for related uses of the Owner, subject to receipt by Bngineer of full payment for
all services relating to preparation of the documents and subject to the following limitations: (1} Owner
acknowledges that sueh documents are not intended or represented to be suitable for usc on the Project unless
completed by Engineer, or for use or reuse by Owner ar 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 modificatian of the documents, without written verification, completion, or adaptation by
Engirieer, 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 inderr►nify and hold harmless F,ngineer and its officers, directors, members,
partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including
EJCDC F-520 Short Form of Agreement Behveen Owner and Engincer for Professional Services.
Copyright �2Q69 National Society of Professionat Engineers for EJCDC. All ri�hts rescrved.
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2022 Water Main Extension Project
HI [E Project No. 6450-22-Q4
attorneys' fees, arising out of or resulting from any use, reuse, or rnodification of the docunnents 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 (1) waive against each other, and the other's
emplayees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlernent
to speeial, incidental, indirect, ar consequential damages arising out of, resulting from, or in any way related
to the Project, and (2) agree that Engineer's total liability to Qwner under this Agreement shali be limited to
$50,000 or the total amount of compensation received by Engineer, whichever is greater.
I. The parties acknowledge that Engineer's scope of services does not include any setvices 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 Laability 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 therehy until Uwner: (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
applicable Laws and Regulations.
J:. 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 shalt be mediated.
If inediation is unsuccessful, then the parties may exercise their rights at law.
6.Q1 TotalAgreement
f1. This Agreement (including any expressly incorparated attachments), constitutes the entire agreement beriveen
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 Pcryment—Cost Plus to a mcrximum, unless othet�wise nated belaw
A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows:
SERYIC`F
PEE
A. Desi n Services $79,000.00
B. Biddin Services $6,000.00
C. Construction En ineerin and Surve in Services $39,000.40
Total Services for HHE $124,Q0.00
Estimated Ex enses* $5,000.00
TOTAL: $129,000.00
F.JCDC E-520 Short Form of Agreement Reriveen Owner and Engineer for Professional Services.
Copyright C�2009 National Saciety of Professional Engineers for F.JCllC. All rights reserved.
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2022 Water Main Extension Project
HHE Project No. 6950-22-04
*The Expense Amounl of �5,000.00 is estintated, and the actual a»tount will liltely be different tlrare the
amount r�, f/�elet! here. HHE will bill the City for the actual e�penses incurred with thds project. Expenses
wild �ie tracked separntely per Note #2 beCow.
Engineer's Standard Hourly Rates are attached as Appendix 1
Owner to pay all fees and expenses for the project w'rth no mark up. Fees shall include Vehicle
Mileage, Union Pacific Railroad Right-of-Way Access Permit fee, Iowa DNR Construction Permit
Fees, and Iawa DNR 1 US Army Corp of Engineer Joint Permit fees. Union Pacifc flagging fees
during construction are not included in HHE's estimated expenses. Owner shall pay for flagging fees
separately.
3. HHE shall sub-consult with a geotechnical engineer for subsurface investigation to determine rock
locatians / elevations; as well as with Rapids Reproductions to assist with public bidding services.
The sub-consultant fees are included in the fee table above. HHE does not mark-up sub-consutlant
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 eaeh class of Engineer's
employees times standard honrly rates for each applicable billing class; plus reimbursable expenses and
Engineer's consultants' charges, if any. Engineer's standard hourly rates are attached as Appendix 1.
The following Services are NOT included as part of the Scope of Services of this Agreement, and are
considered Additional Services above and beyond the Seope and Schedule as providad for in this Agreernent:
• Services required to resolve any Hazardous Environmental Conditians in compliance with current
laws and regulations.
�► Services required for re-design as a result of substitute products during the construction phase.
• Services required for the evaluation of and the determination to accept defective work by the
Contractor, and any re-design services resulting from or required to aceept this defective work.
� Serviees related to or regarding arbitration or litigation of a construction contract between a
construction contractor and the Owner regarding any of the projects included as part of this
Agreement.
• Services required to establish utility easement(s) for the extension or relocations of franchise
utilities.
+ Services required to establish Right-of-way (RUW) for future street improvements or the extension
of City of Fairfax utility infrastructure.
Attachments: Appendix 1, Engineer's Standard Hourly Rates; Appendix 2, Special Provisions; Attachment
1, Anticipated Project Schedule.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is
indicated on page l.
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EJCDC E-520 Short Form of Agreement Behveen Owncr and Engineer for Professional Services.
Copyright C�32009 NaHonat Society of Professional Engineers for EJCDC. Ali rights reserved.
2022 Water Main Extension Project
HHE Project No. 6950-22-04
OWNER:
By; �..�y,�...�.�`c�'�C' ��,�,�.rr��----
Title: Mayor
Date Si ned: � `� `
g ��'"--�°__��
�
Address for giving notices:
Ci of FairfaY, Iowa
300 80�` Street Court, P.O. Box 337
Fairfax, IA 52228
ENGIN�ER.
By: �,,�?��� ✓�-�. �'+�.'��«&�",�
Title: Public Team Leader
Date Signed:
Engineer License or Firm's Certificate
Number: 42l 308857
State of: Iowa
Address for giving notices:
Hall & Hall En ineers Inc.
18b0 Boyson Road
Hiawatha tA 52233
EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services.
Copyright �2009 National Sneiety oFProfessional Engineers %r EJCDC. All rights reserved.
Pn�c 7
2022 Water Main Extension Project
HHE Project No. 6950-22-04
This is Appendix 1, Engineer's
Standard Hourly Rates, referred to in
and part of the Short Form of Agreement
between Owner and Engineer for
Professional Services dated IYtarr.i� �, ZQ2`?
Engineea-'s Standard Hourly Rates
A. Standard Hourly Rates:
1. Standard F�ourly 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 oniy as specified in Paragraphs 7.01 and
?.02, and are subject to annual review and adjustment.
B. Ilourly rates for services performed on �r after the Effective Date are:
Appendix 2, Special Provisions
EJCDC E-520 Short Form oE'Agrcemcnt Betwcen Owner and Engincer for Professional Services.
Copyright �2004 National Society oFProfessional Engineers for �.ICDC. All rights reserved.
Paee l
2022 Water Main Extension Project
HHE Project No. 6950-22-04
This is Apgendix 2, Special Provisions,
referred to in and part of the Short Form of
Agreement between Owner and F.,ngineer for
Prafessional Services dated March 8 2022
Special Provisions to this Agreement
Modify paragraph 2.01 A as follows:
Invoices: Engineer shall prepare invoices in accordance with its standard invoicing
practices and submit the invoices to Owner on a month.ly basis. Invoices are due and
payable within 30 days of receipt. Accounts unpaid 60 days a$er 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 collection, including reasonable
attorney's fees and sa3d accounts may be assigned ta a credit agency, be the basis of
mechanics liens, or any and all other debt collection remedies available. In addition,
Engineer rnay, after giving seven days written notice to Owner, suspend services
under this Agreement until Engineer has been paid in full ali arnounts due for
services, expenses, and other related charges. Owner waives any and all claims
against Engineer for any such suspension. Payments will be credited first to interest
and then to principal. Invoices paid be credit card will be charged an additional4%
service charge.
Additional Terms and Conditions
Access tr� 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.
fn, formation Provided By Others: Owner shall furnish at the Owner's expense, all
information, requirements, reports, data, surveys and instructions required by this
Agreement. The Engineer may use such information, requirements, reports, data, surveys
and instructions in perforrning its services and is entitled to rely upon the accuracy and
cornpleteness thereof. The Engineer shall not be held responsible for any errors or
ornissions that may arise as a result of erroneous or incomplete information provided by
the �wner and/or the Owner's consultants and contractors.
Hazardous Materials: The Owner agrees, notwithstanding any other provision of this
Agreement, to the fullest extent percnitted 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 aitorneys' fees and defense
costs arising out of or in any way connected with the detection, presence, handling,
removal, abatement, or disposal af 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
Appendix 2, Special Provisions
EJCDC E-520 Short Form oPAgreement Behveen (hvner and Engineer for Yrofessional Scrvices.
Copyright �2009 National Society oPPrafessionel Engineers for EJCDC All rights reserved.
Paet 2
2022 Waker Main Extension Project
HHE Project No. 6950-22-04
liability, regulatory or any other cause of action, except for the sole negligence or willful
misconduct af 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.
Fzduciary Respvnsihiliry: The Engineer shall not offer any fidueiary service to the (�wner
and no fiduciary responsibility shail be owed to the Owner by the Engineer or any of its
sub-consultants, as a consequence of the Engineer entering into this Agreement with the
Owner.
Opinion.r o.fProbcrble Const�•uction Cost: In providing apinians ofprobable construction
cost, the Owner understands that the Engineer has na control over the cost or availability
of labor, equipment or materials, or over market conditions or the method of pricing, and
that the Engineer's opinions of probable construction costs are made on the basis of the
Engineer's prafessional judgment and experience. The Engineer makes no warranty,
express or implied, that the bids or the negotiated cost of Project construction will not
vary from the Engineer's opinion of probable construction cost.
Yalfdzty of Pricing for Services: The scope, sehedule and compensation listed for
services in this Agreement shall be valid for 30 days from the date Engineer has signed
the agreement. Scope, schedule and compensation are subject to change after the above
30 days have expired.
Mutual Indemnification
The Engineer agrees, to the fullest extent permitted by law, to indemnify and hold
harmless the Owner, its officers, directors and employees against damages arising
directly From the Engineer's negligent performance of the services under this Agreement
and that of its sub-consultants or anyone for wham the F,ngineer is legally liable.
Notwithstanding the foregoing agreement to indemnify and hold harmless, the parties
expressly agree that Engineer has no duty to defend the Owner from and against any
claims, causes of action, or proceedings of any kind.
The Owner agrees, to the fullest extent permitted by law, to indemnify and hold harmless
the Engineer, its officers, directors and employees against damages arising directly from
the Owner's negligence of the services under this Agreement and that of its contractors,
subcontractors or consultants or anyone for whom the Owner is legally liable.
Notwithstanding the foregoing agreement to indemnify and hold harmless, the parties
expressly 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 indernnify the other party in any
rnanner whatsoever for the other party's own negligence or the negligence af others.
Appendix 2, Special Provisions
EJCDC F.-520 Short Form of Agrecment Beriveen Owner and Engineer for Professiunal Services.
Copyright C�J2Q04 National Society of Professional Enginccrs For EJCDG All rights reserved.
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2022 Water Main Extension Project
HHE Project No. 6950-22-04
Clarification to the Definition of Engineer
For the purposes of th.is Agreement, services provided by the Engineer may include land
surveying, landscape architecture, and environmental services in addition to civil
engineering.
Clarification to the Definition of Owner
For the purposes of this Agreement, the Owner may be a general contractor, sub-
contractor, individual, corporation, non-profit, consultant, and any okher 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 externally) shall be at the Owner's risk and full legal
responsibility. Owner shall be fully and solely responsible for reconciling of said
electronic files with final certif ed 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 praject.
By signing this agreement the Owner does hereby agree ta indemnify and hold the
Engineer, it's manager(s), member(s}, officers, agents and employees harmless from any
clairns, suits, damages, liability, demands or costs, including attorney fees resulting from
or arising out of the use or misuse of said electronic survey, design andlor data file(s) by
Owner. In the event of suit for breach and/or enforcement of this agreement, Owner
a�rees to pay all attorney fees incurred by Engineer.
The Engineer retains ownership and a praperty interest in ali electronic data prepared to
comptete the Engineer's services, including AutoCAD Drawing files (°CAD
Data"). Upon Owner's request far CAD Data and signing Engineer's release form,
Engineer will furnish CAD Data to Owner or others designated by the Or�vner. 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 sl�own on Engineer's plans can be used by others for construction
surveys. Engineer will not provide construction survey support to athers using
Engineer's CAD Data.
Appendix 2, Speciai Provisions
EJCDC E-520 Short Form nfAgreement Betwecn Owner and Engincer for Frofessional5ervices.
Copyright C�2009 Nationai Society of Professional Engineers for EJCDC, Ali rights reserved.
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