HomeMy WebLinkAboutRESOLUTION NO. 2022-63RESOLUTION NO. 2022-63
RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF FAIRFAX AND HALL AND
HALL ENGINEERS, INC.
WHEREAS, the Fairfax City Council intends to complete the Re-Construction of Church
Street from Highway 151 to and including the Intersection of Vanderbilt Street and Church Street;
and
WHEREAS, as part of this project the Fairfax City Council also intends to replace existing
sanitary sewer facilities located along the west side of Church Street and south to the sanitary
sewer facilities located on the City's Property where the "Complex is located; and
WHEREAS, as part of this project the Fairfax City Council also intends to install storm
sewer and storm water drainage facilities on the City's property where the fire station is located,
as well as on private properties located at 506 and 522 Williams Blvd.
WHEREAS, Hall and Hall Engineers, Inc. has submitted a Professional Services
Agreement to provide design engineering, bidding, and construction engineering services for the
2023 Church Street Re-Construction Project, located at between Highway 151 and Vanderbilt
Street.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax,
Iowa, to enter into this Professional Services Agreement with Hall and Hall Engineers, Inc. as
attached.
BE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa, that
the Mayor and City Clerk are hereby authorized and directed to execute both this Resolution and
the Professional Services Agreement.
Passed and approved this 12th day of July, 2022.
AYES: Nurre, Daly, Pacha, Volk, and Wainwright
NAYS: None
� L --�_'E,-�'� �-� ' -°� --�'--c'
Burnell G. Frieden, Mayor
ATTEST:
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nthia Stimson, City Clerk/Treasurer
2023 Church Street Re-Construction Project
HHF, Project No. 6950-22-06
SHORT FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT effective as of Jt�l� 1�, 2O22 {"Effective Date") between Cify Uf I�an-kAx ("Owner") and
1�[all & N�il E���ine�rs, l�ic. (`<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, bidding and part-time construction
engineering for the street re-construction of Church Straet from the east side of the 2020 / 2021 Highway 1 S 1
Improvement Project (near the interseotion of Highway 151 and Church Street) to, and including the intersection of
Vanderbilt Street and Church Street. The Scope of this project is to remove the existing Church Street pavement
within this arca, prepare necessary subgrade improvements, including drainage improvetnents, and construct new
street pavement along this section of Church Street. The new street pavement for Church Street is anticipated to be
PCC pavement over granular sub-base, and the new street sha(1 be the similar width as the existin� street pavement
(26' ta 28' wide). Existing driveways abutting this section of Prairie Avenue shall be removed and replaced as
necessary to complete this project. Sidewalk is currently located along most of this section of roadway, along both
sides of Church Street. It is anticipated that sidewalk will be installed / reinstalled along both sides of Church Street
for the entire length of this project. As part of this street reconstruction project, Site Surveying and Civil Engineering
Professional Serviccs for the design, bidding and part-time construction engineering shall also be provided for the
replacement of a portion of the City's Sanitary Sewer Main facilities located along the west side of Church Street and
to the south, as well as for the installation of Storm Sewer Drainage Improvements located to the south of Church
Street and east of Highway 151. The scope of work for this project assumes that the project will be funded through
TIF and/or GO Bonds, and that these improvements will be designed and bid one time.
Engineer's Services under this Agreement are generally identified as follows:
The Work generally consists of the design, bidding, and part-time construction administration and observation for the
re-construction of Church Street; Reptacement of the existing Sanitary Sewer Facilities located along the west side of
Church Street (just east of Highway 151), and south towards the City's trail located on the City's "Complex" and "At-
Grade Water Storage "Tank" Property; and Installation of Storm Sewer and Drainage Improvements on the City's "Fire
Station" property and Private properties located at 506 & 522 Williams Blvd. Included with this project shall bc traffic
control / staging necessary to complete this project.
A. Design Services.
i. Site Topographic and R.O.W. / Boundary Survey of Church 5treet from the east side of I-iighway 151
to, and through the Intersection of Church Street and Vanderbilt Street; as well as along the portions of
properties where the Sanitary Sewer Facilities Improvements and Storm Sewer / Storm Water Drainage
Improvements are proposed.
2. Coordination with adjacent / impacted property owners. This shall include initial coordination with the
adjacent property owners, as well as up to an additional 1 S hours of follow-up coordination with these
property owners.
3. Provide siznple preliminary planning for the future Vanderbilt Street layout / alignment (considering
traffic, parking, pedestrian, & bicycle facilities) to aid with the design and construction of the Church
Street / Vanderbilt Street Intersection.
EJCDC G-520 Short Form of Agreement Between Owner and Engineer Por Professionai Services.
Copyright �2009 National Society of Pmfessional Fngineers Por F;JCUC. Ail ri�hts reserved.
!'aKe i
2023 Church Street Re-Construction Project
I f HE Proj ect No. 6950-22-06
4. Attend up to two (2) Vanderbilt Street Planning meetings, and up to two (Z) design progress meetings
with C'rty Staff / Representatives.
5. Prepare Easements {and R.O.W. Acquisitions, if necessary) agreement and Exhibits for Sanitary Sewer
Facilities, Storm Sewer / Storm Water Drainage Facilities, Intersection Improvements, and possibly
Sidewalks.
6. Complete simple temporaty construction easement exhibits for adjacent / irnpacted properlies as
necessary.
7. Coordinate with the utility companies as needed,
8. Complete the Plan of Improvements for the Church Street & Church Street / Vanderbilt Street
Intersection Re-Construction; including the replacement of the Sanitary Sewer Facilities, and the Storm
Sewer and Storm Water Drainage Improvements on the City's "Fire Station" property and on Private
properties located at 506 & 522 Williams Blvd. (If the Property Owners Agree to these Improvements).
9. Prepare the project manual for the Church Street Street Re-Construction, Sanitary Sewer Facilities
Improvements, and Storm Sewer / Stornt Water Drainage Improvements.
10. Apply for the Iowa DNR Sanitary Sewer Construction Pcrmit and the Iowa DNR NPDES permit
authorization, as well as prepare the required SWPPP.
B. Bidding Services, One time.
1. Put the plan of improvements and project manual out for the public bidding process through Rapids
Reproductions, Inc.
2. Address bidding questions as necessary and prepare up to Two (2) addendums to the biddin� documents,
if necessary.
3. Open and read the bids submitted for this project and prepare a bid tabulation far the bids received.
4. [f necessary, provide background checks on the two lowest competent bidders, and prepare a
recocnmendation the Council to award the contract.
C. Construction F,ngineering and Surveying Services.
1. Coordination and assistance to the Contractor on the execution of tha contract documents.
2. Review of Shop Drawings / Submittals.
3. Provide Construction Administrative services, including overseeing the pre-construction meeting, prepare
and submit pay applications and change orders, monitoring working days, and project close-out.
4. Provide Construction Staking, including staking coardination and staking preparation (this is for staking
necessary improvements One (1) time). If re-staking services becomes necessary, this will need to be
coordinated with the City and the Contractor.
5. Coordinate and observe Sanitary Sewer "I�esting.
6. Observe sub-grade proof-rolling for street pavement areas.
7. Provide PCC testing and pavennent depth checks on street pavement.
8. HHE shall provide part-time construction observation on this project. Part-timc construction observation
shal l be provided on an avcrage of 3 to 4 hours per day for approximately 4 days per week, up to 24 weeks
(up to, but not more than 340 hours). These 340 hours shall include the sanitary sewer testing observation,
sub-grade proof rolls, and PCC testing.
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. Owner shall pay Engineer for its services as set forth in Paragraphs 7.01 and 7.02.
EJCDC E-520 Short Form of Agrccmcnt Bctwccn Owner and Engineer for Professional Services.
Copyright U2009 Nationai Society of Professional Engineers for EJCDC. All rights reserved.
!'ae� 2
2023 Church Street Re-Construction Project
HHE Project No. 6950-22-06
B. Engineer shall complete its services within a reasonabte time, or within the following specific time period:
• A. Design Engineering and Surveying Services: July 2022 — January 2023
o C. Bidding Services: January 2023 — February 2023
• B. Construction Engineering and Surveying Services: March 2023 —November 2023 (Site Construction is
anticipated to begin in either May or June of 2023)
C. If the Project includes construction-related professional serviees, then Engineer's time for completion of
services is conditioned on the time for Owner and its contractors to camplete construction not exceeding 6
months. If the actual time to complete construction exceeds the number of months indicated, then Engineer's
period of service and its total compensation shall be appropriately adjusted.
2.01 Payment Procedures
A. Invaices: Bngineer shall prepare invoices in accordance with its standard invoicing practices and submit the
invoices to Owner on a monthly basis, Invoices are due and payable within 30 days of receipt. If Owner fails
to make any payment due Engineer for services and expenses within 30 days after receipt of Engineer's
invoice, then the amounts due F;ngineer will be increased at the rate of 1.0% per month (or the maximum rate
of interest permitted by law, if tess) from said thirtieth day. In addition, Engineer may, after giving seven days
written notice to Owner, suspend services under this Agreement until Engineer has been paid in full all
amounts due for services, expenses, and other related charges. Owner waives any and all claims against
Engineer for any such suspension. Payments will be credited tirst to interest and then to principal.
3.01 Termination
A. The obligation to continue performance under this Agreement may be terminated:
l . For cause,
a. By either party upon 30 days written notice in the event of substantial failure by the other party
to perform in accordancc with the Agreement's terms through no fault of the tcrminating party.
Failure to pay Engineer for its services is a substantial failure to perform and a basis for
termination.
b. By Engineer:
t) upon seven days written notice if Owner demands that Engineer furnish or perform services
contrary to Engineer's responsibilities as a iicensed 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 Engineer under
Paragraph 3.OI.A.I .b.
c. Notwithstanding the foregoing, this Agreement will not terminate 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
EJCDC E-520 Short Form of Agrecment Bchvccn Owner and Engineer for 1'rofessional Services.
Copyright �U' 2009 National Sociery of Nroi'essional Eagineers For EJCDC. Ail rights reserved.
i'a�c 3
2023 Church Street Re-Construction Project
HHE Project No. 6950-22-06
such fai(ure within no more than 30 days of receipt of notice; provided, however, that if and to
the extent such substantiai failure cannot be reasonably cured within such 30 day period, and if
such party has diligently attempted to cure the same and thereafter continues diligently to cure
the same, then the cure period provided for herein shall extend up to, but in no case more than,
60 days after the date of receipt of the notice.
2. For convenience, by Owner effective upon Engineer's reeeipt of written notice from Owner.
B, The terminating pariy under Paragraph 3.0 t.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 completed and uncompleted tasks, and to assemble Project materials in orderly
files.
C. In the event of any termination under Paragraph 3.01, Engineer will be entitled to invoice Owner and to rcceive
full payment for all services performed or furnished in accordance with this Agreement and all reimbursable
expenses incurred through the effective date of termination.
4.01 Successors, Assigns, and Bene�ciaries
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 party to this Agrecment and to the successors, executors, administrators, and
legal representatives (and said assigns) of such other party, in respect of ali covenants, agreements, and
obligations of this Agreement.
B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without
limitation, moneys that are due or may become due) in this Agreement without the written consent of the
other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless
specifically stated to the contrary in any written consent to an assignnnent, no assignment will release or
discharge the assignor from any duty or responsibility under this Agreement.
C. Unless expressIy 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
enlity, or to any surety for or employea of any of them. /111 duties and responsibilities undertaken pursuant to
this Agreement will be for the sole and exclusive benefit of Owncr and Engineer 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 Engineer
under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing
under similar 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 consultants 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 shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall
Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures
of construction selected or used by any contractor, or the safety precautions and programs incident thereto,
EJCDC E-520 Short Form of'Agreement Between Owner and F.ngineer for Professional Services.
Copyright 002009 National Society of Professional Engineers for EJCDC. All rights reserved.
Paee 4
2023 Church Street Re-Construction Project
HHE Project No. 6950-22-05
for security or safety at the Project site, nor for any failure of a contractor to comply with laws and regulations
applicable io 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 between actual construction bids or costs and Engineer's opinions
or estimates regarding construction costs.
E. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of
any of their agents or employees or of any other persons (except Engineer's own employees) at the Project
site or othe�tivise furnishing or performing any construction work; or for any decision rrtade regarding the
construction contract requirements, or any application, interpretation, or clarification of the construction
contract other than those made by Engineer.
F. "I'he 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 service, and Engineer retains an
ownership and properly interest (inciuding the copyright and the right of reuse) in such documents, whether
or not ihe Project is completed. Owner shall have a limited license to use the dacuments on the Project,
extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment for
all services relating to preparation of the documents and subject to the foilowing limitations: (1) Owner
acknawledges that such documents are not intended or represented to be suitable for use on the Project unless
completed 6y En�ineer, 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 rcuse, or any modification of the documents, without written verification, completion, or adaptation by
Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability
or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and
consultants; (3) Owner shall indemnify and hold harmless Engineer and its officers, directors, members,
partners, agents, employees, and consultants from all claims, damages, tosses, and expenses, including
attorneys' fees, arising out of or resulting from any use, reuse, or modification of the documents without
written verification, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not
create any rights in third parties.
H. To the fullest extent permitted by law, Owner and Engineer (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 eonsequential damages arising out of, resulting from, or in any way related
to the Project, and (2) agree that Engineer's total liability to Owner under this Agreement shall be limited to
$50,000 or the total amount of compensation received by Engineer, whichever is greater.
The parties acknowledge that Engineer's scope of services does not include any services related to a
Hazardous Environmental Condition (the presence of asbestos, PCBs, petro(eum, hazardous substances or
waste as defined by the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.
§§9601 et seq., or radioactive materials). If Engineer or any other party encounters a Hazardous
Environmental Condition, Engineer may, at its option and without liability for consequential or any other
damages, suspend performance of services on the portion of the Project affected thereby until Owner: (1)
retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or
EJCI)C N;-52U 5hort Form of Agreement Between Owner and Engineer for Professionai Services.
Copyright C�2004 National Society of Professionai Engineers for F.JCDC. All rights reserved.
PaQe 5
2023 Church Street Re-Construction Project
HHE Project No. 6950-22-06
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 unsuccessfui in resolving the dispute, then the dispute shall be mediated.
If inediation is unsuccessful, then the parties may exercise their rights at law.
b.01 Total Agreement
A. This Agreement (inctuding any expressly incorporated aitachments), constitutes the entire agreement between
Owner and Engineer and supersedes atl 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 rnaximum, unless otherwise noted below
A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engincer as follows:
SERVICE
FEE
A. Plannin Services Vanderbilt Street La out $10,000.00
B. Desi n Services $107,000.00
C. Biddin Services $7,000.00
D. Construction En ineerin and Surve in Services $81,500.00
Total Services for HHE $205,500.00
Estimated Ex enses* $2,500.00
TOTAL: $208,000.00
*The Experise Amount of �2,200.00 is estimated, and the actua[ amnunt will [ike[y be d�jerent than the
amount reflected here. HHE will bill the Ciry for the actual expenses incurre�i wilh this project Expenses
will be tracked separale[y per Note #2 below.
1. Engineer's Standard Hourly Rates are attached as Appendix 1
2. Owner to pay all fees and expenses for the project with no mark up. Fees shall include Vehicle
Mileage, Iowa DNR Construction Permit Fees, Publication fees, and mailing fees.
HHE shall sub-consult with Rapids Reproductions to assist with the public bidding services. The
sub-consultant fees are included in the fee table above. HHE does not mark-up sub-consultant fees.
7.42 Additional Services: For additional services of Engineer's employees engaged directly on the Project, Owner
shall pay Engineer an amount equai to the cumulative hours charged to tl�e Project by each class of Engineer's
emptoyees times standard hourly rates for each applicable billing class; plus reimbursable expenses and
Engineer's consultants' charges, if any. Engiueer'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 Scope and Schedule as provided for in this Agreement:
EJCDC E-520 Short Form of Agreement Belween Owner aad Engineer for Professional Services.
Copyright 02009 Natinnal Society of Professional Engineers for EJCDC. All rights reserved.
I'agc fi
2023 Church Street Re-Construction Project
HHE Project No. 6950-22-06
• Services required to resolve any Hazardous Environmental Conditions in compliance with current
]aws and regulations.
• Services required for re-design as a result of substitute products during the construction phase.
• Services required for the eva(uation of and the determination to accept defective work by the
Contractor, and any re-design services resulting from or required to accept this defective work.
• Services related to or regarding arbitration or litigation of a construction contract between a
construction contractor and the Owner regarding any of the projects inciuded as part of this
Agreement.
• 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.
• Services required to establish utility easement(s) for the extension or relocations of franchise
utilities.
• Services required to record Right-of-way (ROW) Acquisitions.
• The City of Fairfax shall be fully responsible for all costs for easement and R.O. W Acquisitions,
including any legal fees that may be necessary.
Attachments: Appendix 1, Engineer's Standard Hourly Rates; Appendix 2, Special Provisions; Attachment
l, Anticipated Project Schedute.
IN WITNESS V►��EREOF, the parties hereto have executed this Agreement, the Effective Date of which is
indicated on page 1.
O WNER:
�y� �d,��.v..��D ��_,��----
Title: Mayor
Date Signed: ��—/,?--,.,;Z ,;�
Address for giving notices:
ENG INC��[t: ��
By:
Title: Public Team Leader
Date Signed: � �� p � � �
�
Engineer License or Firm's Certificate
Number: 421308857
State of: Iowa
Address for giving notices:
City of Fairfax, Iowa Hall & Hall Engineers Inc.
30Q 80`" Street Court, P.O. Box 337 1860 Boyson Road
Fairfax, IA 52228 Hiawatha IA 52233
EJCDC E-520 Short Furm of Agreement Between Owner and Engineer for Professional Services.
Copyright �2009 National Society of ProFessional Gngineers for EJCDC. All rights reserved.
Page 7
2023 Church Street Re-Construction Project
HHE Project No. 6950-22-06
This is Appendix l, Engineer's
Standard Hourly Rates, referred to in
and part of the 5hort Form of Agreement
between Owner and Engineer for
Professional Services dated Jtil 12, 2022
En�ineer's Standard Hourly Rates
A. Stana'ard Hourdy Rates:
l. Standard Hourly Rates are set forth in this Appendix 1 and include salaries
and wages paid to personnel in each billing class plus the cost of customary
and statutory benefits, general and administrative overhead, non-project
operating costs, and operating margin or profit.
2. The Standard Hourly Rates apply only as specified in Paragraphs 7.01 and
7.02, and are subject to annual review and adjustment.
B. Hourly rates for services performed on or after the Effective Date are:
�� POSITION LEVEL
m...� _._ I II � III �
Team Leader $145/hour $150/hour $160/hour
Pro' ect Mana er $13 5/hour $140/hour $150/hour
Associate Team Leader $110/hour $120/hour $1351hour
Pro'ect Coordinatar $90/hour $105/hour $120/hour �
Project Engineer �_ $11S/hour $120/hour $135/hour
Desi n En ineer $100/haur $105/hour $115/hour
��___..� __� —
Civil Engineering Technician $90/hour $100/hour $11 U/hour
Pro'ect�Landsc �e Architect � $115/hour $120/hour $135/hour
Design Landscape Architect $100/hour $105/hour $ l 15/hour
Landscape Architect Technician $90/hour $100/hour $110/hour
Project Surveyor ��� $130lhour � $135/hour $145/hour
Lead Field Surveyor $11 Olhour $120/hour $130/hour
Desi n Surve or $85/hour $105/hour $120/hour �
� --_
Field Surve or $95/hour ------------ ------------
Construction Administrator $115/hour $130/hour $140/hour �
Construction Observer $90/hour $105/hour $120/hour
Administrator $75/hour $90/hour �� $105/hour �
Intern $55/hour $65/hour ------------
Aerial Field Surve or $135/hour �� �
Aerial Data Processin� $130/hour
EE�ert Witness � $200/hour
Traffie Data Collector $95/hour for staff &$50/hour for intern
Mile�e — Personal Vehicle $0.58/mile
�Mileage - Com� Truck $0.79/mile
Appcadix 2, Special Provisions
EJCDC E-520 Shurt Form of Agreement Bctwccn Owner and Engineer for Profcssional Services.
Copyright �2009 \ational Society of Professional Engineers for EJCDG All rights reserved.
PHkt i
2023 Church Street Re-Construction Project
HHE Project No. 6950-22-06
This is Appendix 2, Special Provisions,
referred to in and part of the Short Form of
Agreement between Owner and Engineer for
Professionai Services dated July 812Q22
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 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
afterthe invoice date, the Owner shall pay all costs ofcollection, 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 amounts due for
services, expenses, and other related charges. Owner waives any and all claims
against Engineer for any such suspension. Payments will be credited first to interest
and then to principal. Invoices paid be credit card will be charged an additional 4%
service charge.
Additional Terms and Conditions
Access to Site: IJnless otherwise stated, the Engineer will havc acccss to the site for
activities, but has not included in the fee the cost of restoration of any resulting damage.
Information Provided By Others: Owner shall fumish at the Owner's expense, all
inforrnation, requirements, reports, data, surveys and instructions required by this
Agreement. The Engineer may use such information, requircmcnts, reports, data, surveys
and instructions in performing its services and is entitled to rely upon the accuracy and
completcness thereof. The Engineer shall not be held responsible for any errors or
omissions that may arise as a result of erroneous or incomplete information provided by
the Owner and/or the Owner's consultants and contractors.
Hazardous Materials: The Owner agrees, notwithstanding any other provision of this
Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the
Engineer and its sub-consultants from and against any and all claims, suits, demands,
liabilities, losses, damages or costs, including reasonable attorneys' fees and defense
costs arising out of or in any way connected with the detection, presence, handlin�,
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
_--- � APPeod'ez. ______
2, Special Provisions
EJCDC E-52U Short Form of Agreement Between Owner and Engineer for Professional Services.
Copyright C�'12009 National Society ofProfessional k:ngineers for EJCDC. All rights rescrved.
1'aec 2
2Q23 Church Street Re-Construction Project
HHE Project No. 6950-22-06
liability, regulatory or any other cause of action, except for the sole negligence or willful
misconduct of the Engineer.
Cer•tifications, 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.
Fiduciary Responsability: The Engineer shall not offer any fiduciary service to the Owner
and no iiduciary responsibility shall be owed to the Owner by the Engineer or any of its
sub-consultants, as a consequence of the Engineer entering into this Agreement with the
Owner.
Oprnions of Probable Construction Cost: In providing opinions of probable construction
cost, the Owner understands that the Engineer has no control over the cost or availability
of labor, equipment or materials, or over market conditions or the method of pricing, and
that the Engineer's opinions of probable construction costs are made on the basis of the
Engineer's professional judgment and experience. The Engineer makes no warranty,
express or implied, that the bids or the negotiated cost of Project construction will not
vary from the Engineer's opinion of probable construction cost,
Ualidity of � Pricing f'or Services: The scope, schedule and compensation listed for
serviccs in this Agreement shall be valid for 30 days from the date �ngineer has signed
the agreement. Scape, schedule and compensation are subject to change after the above
30 days have expired.
Mutual Indemnification
i'he Engineer agrees, to the fullest extent permitted by law, to indemr►ify 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 whom the Engineer is legally liable.
Notwithstanding the foregoing agreement to indemnify and hold harmless, the parties
expressly agree that Engineer has no duty to defend the �wner from and against any
claims, causes of aetion, or proceedin�;s of any kind.
"1'he 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 n�gligence 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 toregoing 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 abligated to indemnify the other party in any
manner whatsoever for the other party's own negligence or the negligence of others.
Appendix 2, Special Provisions
EJCDC E-520 Shart Form of Agreement Between Owner and Engineer for Professional Services.
Copyright C�2009 Nallonal Society of Professional Engineers for EJCDC. All rights reserved.
1'nec 3
2023 Church Street Re-Construction Project
HHE Project No. 6950-22-06
Clarification to the Definition of Engineer
For the purposes of this Agreement, services provided by the Engineer may include land
surveying, landscape architecture, and environmental services in addition to civil
engineering.
Clarification to the Definition of Owner
For the purposes of this Agreement, the Owner may be a general contractor, sub-
contractor, individual, cozporation, non-profit, consultant, and any other type of entity
for which the Engineer is providing services.
Electronic Data Release
Tk�e 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 fortn 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 iull legal
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
doeuments for the project.
By si�ning this a�reement 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, dannages, liability, demands or costs, including attorney fees resulting from
or arising �ut 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 iurnished data, along with control points, elevations and
grades shown on Engineer's plans can be used by others for construction
surveys. Engineer will not provide construction survey support to others using
Engineer's CAD Data.
Appendix 2, Special Provisions
F..ICDC F,-520 Short Form of Agreement Behveen Owner and Engineer for Professional Services.
Copyright C�2009 National Society uf ProPessional Engineers for EJCDC. All rights reserved.
Paee 4