HomeMy WebLinkAboutRESOLUTION NO. 2022-64RESOLITTION NO. 2022-64
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 site improvements on two
vacant lots located within the Heartland Heights neighborhood for a neighborhood park; 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 Heartland Heights Neighborhood Park Site Improvement Project, located at the NE corner
of Heartland Street and Eagleview Drive.
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
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Burnell G. Frieden, Mayor
ATTEST:
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nthia Stimson, City Clerk/Treasurer
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2022 Heartland Heights Neighborhood Park Site Improvement Project
HHE Project No. 6950-21-01
SHORT FORM OF AGREEMENT
BETWEEN OVVNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT effective as of Jii� 12, 2022 (`Bffective Date") between C� of l�ai�nfax ("Owner") and
Hall &_Hall En�ineers�Ina ("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 following items: Grade and Site improvements at the City's Heartland Heights Neighborhood Park property
located at the NE corner of Heartland Street and Eagleview Drive.
Engineer's Services under this Agreement are generally identified as follows:
'I'he Work genera(ly consists of the Site Topographic Survey; design of proposed site grades and the proposed site
improvements, including sidewalk, sewer and water services to the future restrooms, a playground pad, a paved
basketball court and proposed trees;, Solicit and Obtain Cannpetitive Bids; Part-Time Construction Administration;
Part-Timc Construction Observation; and Construction Staking for the re-grading and pavement improvements of the
playground pad, bask�tball court, sidewalk and sewer & water services.
A. Design Services.
1. Obtain Topographic Survey of the site, includin�; along the adjacent streets.
2. Prepare necessary base mapping.
3. Coordination with City of Fairfax Staff.
4. Complete the design and plan of improvements for the site gradin�; and the proposed site improvernents,
including sidewalk, sewer and water services to the future restrooms, a playground pad, a paved
basketball court and proposed trees.
5. Solicit and obtain quotes (1 time) for the construction of the proposed grading and site improvements.
B. Public Bidding
l. Solicit and obtain public Bids (1 time) for the construction of the proposed grading and site
improvennents. 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 the
apparent (ow bidder.
C. Construction Engineering and Surveying Services.
1. Provide construction staking for the re-grading and pavement improvements of the playground pad,
basketball court, sidewalk and sewer & water services.
2. Provide part-tirr►e construction administrative services consisting of the following: attendance of a Pre-
construetion meeting or an on-site meeting at the beginning of construction aetivities, review and
recommendation of pay applications and change orders, and project close-out.
3. Provide part-time constiuc#ion observation consists of up to 55 hours of on-site consiruction observation.
It is anticipated that HHE may be on-site to perform construction observation / testing services up to 16
times during the construction of this project for an average of 3 to 4 hours per site visit.
EJCDC E-520 Short Form of Agrecment Between Owner and Engineer for Professionai Services.
Copyright C�2009 National Society of Professional Engineers for EJCDC. All rights reserved.
Paec l
2022 Heartland Heights Neighborhood Park Site [mprovement Project
I-IHE Project No. 6950-21-01
Owner and Engineer further agree as follows:
1.01 Basic Agreement and Period of Service
A. Engineer shatl 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 shal] furnish services in addition tio those
set forth abave. Owner shall pay Engineer for its services as set forth in Paragraphs 7.O I and 7.02.
B. Engineer shall complete its services within a reasonable time, or within the following specific time period:
� A. Design Services: July 2022 — December 2022
+ B. Construction Engineering and Surveying Services: November 2022 — September 2023
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 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 appropriately adjusted.
2.01 Payment Procedures
A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the
invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. If Owner fails
to make any paytnent 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 t.0% per month (or the maximum rate
of interest permitted by law, if less) from said thirtieth day. In addition, Engineer may, after giving seven days
written notice to Owner, suspend services under this Agreement until Engineer has been paid in full all
amounts due for services, expenses, and other related charges. Owner waives any and all claims against
Engineer for any such suspension. Payments will be credited first to interest and then to principal.
3.01 Termination
A. "I'he obligation to continue performance under this Agreement may be terminated:
1. For cause,
a. By either party upon 30 days written notice in the event of substantial failure by the other party
to perfomn in accordance with the Agreement's terms through no fault of the terminating party.
Failure to pay Engineer for its services is a substantial failure to perform and a basis for
termination.
b. By Engineer:
1) upon seven days written notice if Owner demands that Engineer furnish or perform services
contrary to Engineer's responsibilitics as a licensed profcssional; 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.
EJCDC E-520 Short Eorm of Agreement Bcriveen Owner and Engineer for Professional Scrvices.
Copyright 02009 National Society of Professiona! Engineers for EJCDC. AIi rights reserved.
Psie� 2
2022 Heartland Heighls Neighborhood Park Site Improvement Project
IiHE Project No. 6950-21-01
Engineer shall have no liability to Owner on account of a termination by Enginecr under
Paragraph 3.01.A.1.b.
c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial
failure under Paragraph 3.O 1.A.1.a if the party receiving such notice begins, within seven days of
receipt of such notice, to conect its substantial failure to perform and proceeds diligently to cure
such failure within no tnore 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 di(igently attempted to cure the same and thereafter continues diligently to cure
the same, then the cu►-e pei•iod provided for herein shall extend up to, but in no case more than,
60 days after the date of receipt of the notice.
2. For convenience, by Owner effective upon Engineer's receipt of written notice from Owner.
B. The terminating party under Paragraph 3.O 1.A may set the effective date of termination at a time up to 30 days
later than otherwise provided to allow Engineer to complete tasks whose value would otherwise be lost, to
prepare notes as to the status of compieted and uncompleted tasks, and to assemble Project materials in orderly
files.
C. In the event of any termination under Paragraph 3 A l, Engineer will be entitled to invoice Owner and to receive
full payment for all services performed or fuiY�ished in accordance with this Agreement and a11 reimbursable
expenses incurred through the effective date of termination.
4.01 Successors, Assigns, and Beneficiaries
A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives
of Owner and Engineer (and to the extent permitted by Paragraph 4.O1.B the assigns of Owner and Engineer)
are hereby bound to the other pariy to this Agreement and to the successors, executors, administrators, and
legal representatives (and said assigns) of such other party, in respect of al] covenants, agreements, and
obligations of this Agreement.
B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without
limitation, moneys that are due or may become due) in this Agreement without the written consent of the
other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless
specifically stated to the contrary in any written consent to an assignment, no assignment will release or
discharge the assignor from any duty or responsibility under this Agreement.
C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give
rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplier, other individual or
entity, or to any surety for or empIoyee of any of them. All duties and responsibilities undertaken pursuant to
this Agree�nent will be for the sole and exclusive benef t of Owner and Engineer and not for the benefit of
any other party.
5.01 General Considerations
A. The standard of care for a11 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 seivices. Subject to the
foregoing standard ofcare, En�;ineer and its consultants may use or rely upon design elements and infortnation
EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Prafessional Services.
Copyright �02009 Nationai Society of Professional Engineers for EJCDC. Ail rights reserved.
1'aec 3
2022 Heartland Heights Neighborhood Park Site Improvement Project
HHE Project No. 6950-21-01
ordinarily or customarily furnished by others, including, but not limited to, speciaity 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, mett�ods, 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 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 otherwise furnishing or performin� any construction work; or for any decision made regarding the
construction contract requirements, or any application, interpretation, or clarification of the construction
contract other than those made by Engineer.
F. The general conditions for any construction contract documents prepared hereunder are to be the "Standard
General Conditions of the Construction Contract" as prepared by the 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 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 rclatcd uses af the Owner, subject to receipt by En�ineer of full payment for
all services relatin�; 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
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 a11 claims, damages, losses, and expenses, including
attorneys' fees, arising out of or resulting from any use, reuse, or modification of the documents without
written verifcation, 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 entitlecnent
to special, incidental, indirect, or consequential damages arising out of, resulting from, ar 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.
EJCDC E-520 Short Form of Agreement Between Owner and F.ngineer for Professional Services.
Copyright �2009 Nationai Society ot'Professional Engineers for EJCDC. Ail rights reserved.
Paee 4
2022 Heartlaad Heights Neighborhood Park Site Improvement Project
I II ]E Project No. 6950-21-01
I. The parties acknowledge that Engineer's scope of services does not include any services related to a
Hazardous Environmental Condition (the presence of asbestos, PCSs, petroleum, hazardous substances or
waste as defined by the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.
§§9601 et seq., or radioactive materials). If Engineer or any other party encounters a Hazardous
Environmental Condition, Engineer may, at its option and without liability for consequential or any other
damages, suspend performance of services on the portion of the Project affected thereby until Owner: (1)
retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or
remove the Hazardous Environmental Condition; and (2} warrants that the Site is in full compliance with
applicable Laws and Regulations.
Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after
notice of dispute. If negotiations axe unsuccessful in resolving the dispute, then the dispute shall be mediated.
If inediation is unsuccessful, then the parties may exercise their rights at law.
6.01 Total Agreement
!1. This Agreement (including any expressly incorporated attachments), constitutes the entire agreement between
Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be
amended, supplemented, modified, or canceled by a duly executed written instrument.
7.01 Basis of Payment—Cost Plus to a mc�imum, unles,c otherwise noted below
A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows:
SERVICE
FEE
A. Desi n Services $19,700.00
B. Biddin Services $5,500.00
C. Construction En ineerin and Surve in Services $18,900.00
Total Services for HHE $44,100.00
F,stimated Ex enses* $400.00
TOTAL: $44,500.00
*The Expense Amount of �40U.1/0 is eslinrated, and lhe aclua/ amount wcu taKety De rlrj,/�re�ra rnan rne
amnunt reflected here. HNE will bill the City for the actual e�rpenses incurred with this projecl. Expenses
wi!! be tracked separately per Nvte #2 below.
F.,ngineer's Standard IIourly Rates are attached as Appendix 1
2, Owner to pay ail fees and expenses for the project with no mark up. Fecs shal] include Vehicle
Mileage as well as Rapids Reproductions fees (who assist HHE with the public bidding services).
The sub-consultant fees are included in the fee table above. HHE does not mark-up sub-consultant
fees.
7.02 Additional Set-vices: For additional services of Engineer's employees engaged directly on the Project, Owner
shatl 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.
EJCDC E-520 Shurt Form of Agrcement Between Owner and Engineer for Professional Services.
Copyright �02009 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 5
2022 Heartland Heights Neighborhood Park Site Improvement Project
HHE Project No. 6950-21-01
The following Scrvices arc 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 required to resolve any Hazardous Environmental Conditions 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 resuiting from or required to accept this defective work.
• Scrvices rclated to or regarding arbitration or titigation of a construction contract between a
construction contractor and the Owner regarding any of the projects included as part of this
Agreement,
� Additional Services that may be required due to natural disasters or events that impact the project
site, praject tnaterials, already completed project work, and/or the availability of the Contractor,
Sub-Contractors, and City Staff.
� Services required for the coordination and installation of the playground equipment.
Attachments: Appendix 1, Engineer's Standard IIourly Rates; Appendix 2, Special Provisions; Attachment
1, Anticipated Project Schedule.
IN WITNESS WHFRF,OF, the parties hereto have executed this Agreement, the F,ffective Date of which is
indicated on page l.
OWNE •
�y. /��- �.
ENGINEER: c�
�y:
Title: Mayor
Date Signed: y���,,,,� ,� __
Address for giving notices:
Title: Public Team Leader
Date Signed: � �c� � � �„
� �� �
Engineer License or Firm's Certificate
Number: 421308857
State of: Iowa
Address for giving notices:
City of Fairfax, Iowa Hall & Hall Engineers Inc.
300 80'h Street Court, P.O. Bvx 337 1860 Boyson Road
Fairfa�c, [A 52228 Hiawatha IA 52233
EJCDC E-520 Short Form of Agreement Setween Owner and Engineer for Professionat Services.
Copyright �2009 National Society of Professional Engincers for EJCDC. Atl rights reserved.
Paee 6
2022 Heartland Heights Neighborhood Park Site Improvement Project
HHE Proiect No. 6950-21-01
This is Appendix l, Engineer's
Standard Hourly Rates, referred to in
and part of the Short Form of Agreement
between Owner and Engineer for
Professional Services dated ,luly 12. 2Q2�
Engineer's Standard Hourly Rates ��___�__
A. Standard Hourly Rates:
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 ar profit.
2. The Standard How•ly 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 perf'ormed on or afler the Effective Date are;
POSITION � LEVEL� �
�.�._ �� � __�
I II �_�TII __�_
TeamLeader $145/hour ' $t50/hour $160/hour
Project Manager $135/hour $140/hour $150/hour
Associate 1'eam Leader $110/hour $120/hour $135/hour
Project Coordinator �� � $90/hour $105/hour $120/hour
Pro'e� ct En�er � � $115/hour �120/hour $l3S/hour
Desi�n En�ineer $100/hour $105/hour $115/hour
Civil En�ineering Technician � $90/hour � $100/hour $110/hour
Project Landsca e Architect $115/hour � $120/hour� $135Jhaur
�M_ _.��.
Design Landsca e Architect $100/hour $105/hour $115/hour
Landscape Architect Technician $90/hour $100lhour $110/hour �
Project Surveyor $130/hour $135/hour $145/hour _
I.ead Field Surve or $I 10(hour $120/hour $130/hour
Design Surveyor $85/hour $105/hour $120Jhaur
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 Survevor � ��� $135/hour
Aerial Data Processing �v � � $130/hour _
Expert Witness $200/hour
Traffic Data Collector $95/hour for staff &$50/hour for intern
��,�_.�._. �.� _ .
Milea�e - Personal Vehicle $0.58/mile
Milea e- Com an Truck $0.79/mile� �
Appendix 2, Speciai Provisions
EJCllC �:-520 Short Form of Agreement Behveen Owner and Engineer for Professional Services.
Copyright �2Q09 Nahonal Society o1'Professional En�;ineers for EJCDC. All rights reserved.
Paee 1
2022 Heartland Heights Neighborhood Park Site Improvement Project
HHE Project No. 6950-21-0 I
This is Appendix 2, Special Provisions,
referred to in and part of the Short Form of
Agreement between Owner and Engineer for
Professional Services dated Julv 12, 2022
Special Provisions to this Agreement �� � �
Modify paragraph 2.01 A as follaws:
Invoices: Engineer shall prepare invoices in accordance with its statxdard 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 collection, including reasonable
attorney's fees and said accounts may be assigned to a credit agency, be the basis of
mechanics liens, or any and all other debt collection remedies available. In addition,
Engineer may, after giving seven days written notice to Owner, suspend services
under this Agreement until Engineer has been paid in full all 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 additional4%
service charge.
Additional Terms and Conditions
Access to 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 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, suiveys
and instructions in performing its services and is entitled to rely upon the accuracy and
completeness thereof. The Engineer shall not be held responsible for any errors ar
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 Materiuls: The Owner agrees, notwithstanding any olher provision af 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 alI 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, 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
Appendix 2, Special Provisions
EJCDC E-520 Short Form of Agreement Beriveen Owner and Engineer Cor Professional Services.
Copyright �2009 Nationai Socicty of Professionai Engineers for EJCDC. All rights reserved.
r},«F a
2022 Heartland Heights Neighborhood Park Site [mprovement Project
HHE Project No. 6950-2 ] -01
liabiliry, regulatoiy or any other cause of action, except far the sole negligence or willl'ul
misconduct of the Engineer.
Certifications, Guarantees and Warranties: The Engineer shall not be required to
execute any document that would result in its cerlifying, guaranteeing or warranting the
existence of conditions whose existence the Engineer cannot ascertain.
Fiducrary Responsibility: The Engineer shall not offer any fiduciary service to the Owner
and no fiduciary responsibiliiy 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.
Opinions 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 nnalces no warranty,
express or implied, tk►at the bids or the negotiated cost of Project construction will nat
vary from the Engineer's opinion of probable construction cost.
validity of Prieing for Servrces: The scope, schedule and compensation listed for
services in this A�reement shall be valid for 30 days from the date Engineer has sign�d
the agrecment. 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 ofiicers, 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 �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 offtcers, directors and einployees against damages arising directly from
the Owner's negligence of the services under this Agreement and that of its contractoxs,
subcontractors or consultants or anyone for whom the Owner is legally liable.
Notwithstanding the foregoing agrcemcnt to indemnify and hold harrnless, 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.
Appendix 2, Special Provisions
EJCDC E-520 Short Form of Agreement Behveen Owner and Engineer for Professional Scrvices.
Copyright �02009 National Society of Professional Engineers f'or EJCDC. All rights reserved.
Paee 3
2022 Heartland Heights Neighborhood Park Site Improvement Project
HHE Project No. 6950-21-02
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
engmeermg.
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 ather 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 tile(s) pertaining to this project. Said electronic
file(s) may be preliminary and may not be complete or in final form and shalt 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 certiiied 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 out 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 En�ineer'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 iine data needed to establish horizontal
alignments and control. The furnished data, along with control points, elevations and
grades shown on �ngineer's plans can be used by others for construction
surveys. Engineer will not provide eonstruction survey support to others using
Engineer's CAD Data.
Appendix 2, Special Provislons
EJCDC E-520 Short Form of Agreement Between Owncr and Engineer for Professional Services.
Copyright �2009 National Society of ProPessionai Engineers for EJCDC. All rights reserved.
('�asc 4