HomeMy WebLinkAboutRESOLUTION NO. 2018-71 RESOLUTION NO. 2018-71
RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF FAIRFAX AND ALL AND
ALL ENGINEERS, INC.
WHEREAS, the Fairfax City Council needs to acquire Right-of-Way and Permanent
Easements for realigned future improvements to the intersection of Eagleview Drive, West
Cemetery Road, and Highway 151; and
WHEREAS, Hall and Hall Engineers, Inc. has submitted a Professional Services
Agreement to do site surveying and civil engineering professional services for Right-of-Way and
Permanent Easement acquisitions for realigned future improvements to the intersection of
Eagleview Drive, West Cemetery Road, and 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.
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 9th day of October, 2018.
AYES: Otto, Daly, Kell, Volk, and Wainwright
NAYS: None
Burnell G. Frieden, Mayor
ATTEST:
Cylthia Stimson, City Clerk/Treasurer �Polop,
A
Public Right-of-Way and Easement Acquisitions,W.Cemetery Road and Eagleview Drive
HHE File No.6950-18-02
SHORT FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT effective as of October 9,2018("Effective Date")between City of Fairfax("Owner")
and Hall& Hall Engineers Inc. ("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 Right-of-Way(ROW)and Permanent Easement
acquisitions for the realigned intersection of West Cemetery Road, Eagleview Drive and Highway 151 for the
purpose of realigned street improvements at this intersection and the replacement of the West Cemetery Road bridge
over Drainage Ditch No. I ("Project").
Engineer's Services under this Agreement are generally identified as follows:
A. Review and verify the ROW and permanent easements areas that are necessary to acquire for this project.
1. Review the street alignments, roadway and bridge widths and profiles(Elevations),embankment and
ditch sections, and the corridors/alignments of the proposed/future utility extensions as part of the
proposed street and bridge improvement project.
2. Review and coordinate the property deeds and property/ROW boundaries of the four impacted
properties, including the new Highway 151 ROW line as established with the 2018 Highway 151
Bridge Replacement Project.
B. Boundary and Site Topo Survey.
1. Complete the boundary survey and establish the property and ROW lines.
2. Collect some site topographic survey in select areas as needed to be able to complete Scope Item A1.
C. Prepare ROW and Permanent Easement Exhibits for meetings with the property owners.
1. Prepare base maps of each impacted property using available online aerial photo,existing site contours,
and the existing ROW and property lines form the boundary survey. These exhibits will show the
proposed area of the ROW and/or permanent easement to be acquired,and the proposed(preliminary)
improvements.
D. Meet with the Four Different Property Owners.
1. Along with Mayor Frieden, 1-11 IE will meet with the property owners individually to discuss the
upcoming street and bridge replacement project, share the ROW and Easement Acquisition Exhibit(s)
for their property with them, and answer any questions that they may have.
2. We anticipate meeting with the property owners Up to four(4)times each, for a maximum of sixteen
(16)meetings.
E. ROW Acquisition Plats and Permanent Easement Exhibits and the associated Agreements.
1. Prepare up to three(3) ROW Acquisition Plats and up to three(3) Permanent Easement Exhibits for the
necessary ROW and easements this improved intersection.
2. Work with City's attorney and coordinate with the property owners in the preparation of the ROW
acquisition agreements and the easement agreements.
EAC DC E,-520 Short Form of Agreement Between Owner and Engineer for Professional Services.
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F. Condemnation (If Necessary)
|. If a property owner is not willing to sell the necessary ROW or provide the needed easernent to the City,
itmay hepossible that some,oreven all ofthese ROW and easement acquisitions could go\o
condemnation. If this does happen,then the City will need to obtain an appraiser to provide a certified
appraisal ofthe properties ioquestion. The City may choose 1uobtain uuappraiser for these property
acquisitions even ifnone nfthese acquisitions go1ocondemnation.
2. ll/{Cpvi|(obtain an appraiser aapart ofthis contract if the City chooses orimrequired{o hire one. DDB
will oomark-up onthe appraiser's fee.
3. Coordination with the appraiser and the City's attorney regarding the condemnation process.
Owner and Engineer further agree aofollows:
|.Ol Basic Agreement and Period of&rv/ce
A. Engineer shall provide, or cause to be provided, the services set forth in this /\goeenuuct. If authorized by
()v/uer, orifrequired because ofchanges in the Project, Engineer shall furnish aen/icco in addition tothose
set forth above. Owner 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. Review and verify the ROW and permanent casements areas:October 15 —0cioher 26(2 weeks)
• 0. Boundary and Site TmpoSurvey: October |5 —October 26(2weeks)
• C. Prepare ROW and Permanent Easement Exhibits: October 29—Nov. |0(3weeks)
• D. Meet with the Property Owners: November 26—December 2| (4weeks)
* B. ROW &cq. Pia1a8i Permanent Easement Exhibits with Agreements: }oo. 7, 20|g — Feb. I, 20|g (4
weeks)
• P. Condemnation, IfNecessary: February,2O|9toJuly/September,2Ol9(6tn8months)
C. If the Project iuo|udom construction-related professional mcn/ioem, then Engineer's {innc for corup|c{ion of
services is conditioned on the time for Owner and its contractors to complete construction not exceeding N/A
months. |fthe 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 /\xvo/ex/Pr000u)oex
A. Invoices: Engineer shall yrupunu invoices in accordance with its ab/udurd invoicing practices and submit the
invoices to Owner on umonthly basis. Invoices are due and payable within 30 days of receipt. If Owner[xi|m
to make any payment due Engineer for set-vices and expenses within 30 days after receipt o[Engineer's
invoice,then the amounts due Engineer will heincreased u1the rate o[|.0%per month(or the maximum rate
nfinterest permitted bylaw, ifless)from said thirtieth day. Ioaddition, Engineer may,after giving seven days
vvdUen notice to Owner, suspend services under this Agreement until Engineer has been paid in Dx|| all
annouu{edue for aerviucx, expenses, and other related charges. Owner waives any and all c|uinoa against
Engineer for any such suspension. Payments will hecredited first iointerest and then toprincipal.
uxCoCx's2oShort Form^rAgreement Between Owner and Engineer for Professional Services.
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3.01 Termination
A. The obligation to continue performance under this Agreement may be terminated:
|. For cause,
a. Qyeither party upon 3Odays written notice inthe event ofsubstantial failure bythe other party
to perform in accordance with the Agreement's terms through no fault of the terminating party.
Failure to pay Engineer for its services is u auhguutiu| failure to pet-form and u basis for
tmuniuo1iun.
b. By Engineer:
|) upon seven days written notice if Owner demands that Engineer furnish or perform services
contrary hoEngineer's responsibilities amulicensed professional; or
2) upon seven days written notice ifthe Engineer's services for the Project uredu|uyod for more
than 9Udays for reasons beyond Engineer's control.
Engineer yho|| have no liability to Owner on account of ncnniva1iou by Engineer under
Paragraph 3.0LA.|.h.
c. Notwithstanding the foregoing, this Agreement will not terminate as u ,omuh of yuhmkzntiu|
failure under Paragraph 3.0 LA.La if the party receiving such notice begins,within seven days of
receipt o[such notice,to cnouc{ its auhuiaoCiu| failure 1operform and proceeds diligently tocure
such failure within no more than 30 days of receipt of notice; provided, however, that if and to
the extent such substantial fitilure cannot be reasonably cured within such 30 day period, and if
mucb party has diligently attempted to cure the yumo and thereafter continues diligently to cure
the same, then the cure period provided for herein shall extend upto, but in no case more than,
60days after the date ofreceipt ofthe notice.
2. For convenience, by Owner effective upon Engineer's receipt of written notice from Owner.
B. The terminating party under Paragraph 3.0L/\may set the effective date oftermination o10time upho3Odays
later than otherwise provided to ul|ovv Engineer to oonup|uic |umkm vvbome value would u|hemviyu be |om1` to
prepare notes as to the status of completed and uncompleted tasks,and to assemble Projectmoo1erix|ainon]er1y
files.
C. lnthe event o[any termination Linder Paragraph3.U|,Engineer will be entitled b`invoice Owner and toreceive
[u|| payment for all mcrvioemperKonned or furnished in accordance with this Agreement and all reimbursable
expenses incurred through the oO'ectivedate oftermination.
4.01 Successors, Assigns, ondBexefioiaries
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 4.0 1.13 the assigns of Owner and Engineer)
are hereby bound to the other party\othis Agreement and iothe successors, executors, administrators, and
|ogu| ocpncmcubUivea (and said assigns) Of Such other party, in respect ofu|| covenants, agnconnenLm, and
obligations ofthis Agreement.
uRucx-5zoSov,tForm^rAgreement Between Owner and uvgim,*rfor Professional Services.
Copyright(('2oo"National Society^rProfessional Engineers for nJcuc.All rights reserved.
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B8Eyile No.6950-18-02
B. Neither Owner nor Engineer may assign,sublet,or transfer any rights under or interest(including,but without
limitation, moneys that are due ormay become due) in this Agreement without the written consent ofthe
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 vvhUeu consent to an uosi8proerd, no assignment will release or
discharge the assignor from any duty or responsibility under this Agreement.
C. Unless expressly provided otherwise, nothing inthis Agreement shall bcconstrued tocreate, impose,orgive
rise tmany duty owed byOwner or Engineer toany contractor, subcontractor, supplier, other individual or
entity,or<oany surety for oremployee ofany ofthem. All duties and responsibilities undertaken pursuant tn
this /\g,eeroecd will he for the mo|c and exclusive benefit of Owner and Engineer and not for the hcueUi 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 tirne and in the same locality. Engineer makes no warranties,express
or implied, under this /\gm:eooeni 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 oftechnical 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,
for security ursafety a1the Project uitc,norfbruoytbi/u,eufuconLouinrtoconnp|y`vitb |uwyuodre8u|u1ionm
applicable iosuch contractor's furnishing and purfbuoingmfits work.
C. This Agreement is to be governed by the law nfthe state n, 'u,isdiubon in`vhiob the Project is |oouiod.
D. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor's
failure to furnish and pedbun its work in accordance with the contract between Owner and such contractor.
Engineer ianot responsible for variations between xciuu| construction bids o,costs and Engineer's opinions
ocestimates regarding construction costs.
E. Engineer shall not be responsible for the oc(e or omissions ofany contractor, muhoon{,uoior,or Supplier,oro[
any oftheir agents or employees ocufany other persons (except Engineer's own employees) at the Project
site or otherwise furnishing orperforming any construction work; nrfor any decision made regarding the
construction contract requirements, or any application, interpretation, or oluriDoo1iou of the construction
contract other than those made byEngineer.
P. The general conditions for any construction contract documents yncya,od hereunder are to be the "Standard
General Conditions of the Construction Contract" as prepared by the Engineers ]uioi Contract Documents
Committee(DJCDCC-700, 2007 Edition)unless the parties agree otherwise.
G. All documents prepared or furnished by Bngiocer are inmirunnonio of set-vice, and Engineer u1uioo all
ownership and property interest(including the copyright and the right o[reuse) in such documents, whether
ocnot the Project is completed. Owner shall have |inoiiod license to use the doounucuio on the Project,
extensions o[the Project,undfbrrc|atedumeuoftheOvvuor,mubjcotturcueip|hYEngiuemru[[u)| poynoen{fb,
all services no|o1ing to preparation of the documents and mukicc\ to the following limitations: (|)Owner
mJCocm-5zomovrtv"rmvrAgreement Between Owner and Engineer for Professional Services.
Copyright t)zuovNational Society v,pu.us,mv^|mmnim,,,wfor m,ICoCAll rights reserved.
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Public Ojght-of-Wayand Easement Acquisitions, W.Cemetery Road and BoAhvm"Drive
UHBGle No. 6950-18-02
acknowledges that such documents are not intended orrepresented{obesuitable for use onthe Project un1omm
completed by Engineer, or for use or reuse byOwner mothers onextensions of the Project, onany 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()vvnor`a sole risk and vvi1bou< liability
or |ogo| exposure to Dogiu*or or to its officers, directors, members, partners, agents, employees, and
uooau|tuute; (3)Owner shall indennnifv and hold harmless Engineer and its oOioery" directors, mnennhe,a,
partners, agents, onop|oycom, and ouomu|tonta frono all o|ainoe, damages, losses, 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 |inoi\cd license to Owner shall not
create any rights iuthird parties.
H. To the b/\)uoi extent ponniUrd by law, ()vvnuc and Engineer (1)waive against each other, and the other's
employees,officers,directors,agents, insurers,partners,and consultants,any and all clairns for or entitlement
to special, incidental, indirect, or consequential dumu»gue arising out of, resulting from,or in any way rc|o1sd
to the Project, and(2)agree that Engineer's total liability to(}vvuer under this Agreement shall be |iouihud to
$50,000n,the total amount of compensation received by Engineer,whichever is greater.
|. The pat-ties acknowledge that Engineer's scope of services does not include any aun/iucs related to u
Hazardous Ouvivnnnnouto| Condition (d/c presence o[asbestos, PCBs, petroleum, hazardous substances or
waste as defined by the Comprehensive Environmental Response,Compensation and Liability Act,42 U.S.C.
889601 et seq., or radioactive nna1edo|d. If Engineer or any other party encounters u Hazardous
Environmental Condition, Engineer may, at its option and vvi{bou8 liability for consequential o, any other
durnuguu, suspend performance ofservices onthe portion of the Prcjectofhededdberchyunii| Ovvuoc (l)
ntuiom uppvupduie specialist consultants orcontractors to identify and, as appropriate, abate, remediate, or
remove the Hazardous Environmental Condition; and (2) v/urounio that the Site is in Om|| omoop|iunos with
applicable Laws and Regulations.
J. Owner and Engineer agree to negotiate each dispute between ih*nn in gond faith during the 30 days uOor
notice of dispute. If negotiations are unsuccessful in resolving the dispute,then the dispute shall be mediated.
If mediation is unsuccessful,then the parties may exercise their rights at law.
6.01 Dxtal'4/Tnemon/
A. Tit is 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 hu
amended, supplernented, modified,or canceled by a duly executed written instrument.
mRoom'szoShort Form orAgreement Between Owner and Engineer for Professional Services.
Copyright*oouoNational Society vrProfessional Engineers for HOW.All rights reserved.
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Public Right-of-Way and Easement Acquisitions,W.Cemetery Road and Eagleview Drive
14HE File No.6950-18-02
7.01 Basis(#'Payment--Cost Plus to a maximum, unless otherwise noted below
A. Using the procedures set forth in Paragraph 2.01,Owner shall pay Engineer as follows:
SERVICE
- 7 FEE
A. Review and verify the ROW and permanent easements areas $5,000
B. Boundary and Site To Survey $3,000
C. Prepare ROW and Permanent Easement Exhibits $7,000
D. Meet with the Property Owners $3,000
E. ROW Acquisition Plats&Permanent Easement Exhibits with Agreements $8,000
F. Condemnation, If Necessary Hourly
Estimated Expenses* (submittal fee,etc.) $200
TOTAL: $26,200
*Expenses will be tracked separately 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 mileage.
7.02 Additional Services: For additional services of Engineer's employees engaged directly on the Project,Owner
shall pay Engineer an amount equal to the cumulative hours charged to the Project by each class of Engineer's
employees times standard hourly rates for each applicable billing class; plus reimbursable expenses and
Engineer's consultants' charges,if any. Engineer's standard hourly rates are attached as Appendix 1.
The following additional services are not included in the scope of services at this time:
...........
EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services.
Copyright C)2009 National Society ol'Professional Engineers for EJCDC.All rights reserved.
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Public Right-of-Way and Easement Acquisitions,W.Cemetery Road and Eagleview Drive
HHE File No.6950-18-02
Attachments: Appendix 1, Engineer's Standard Hourly Rates,Appendix 2, Special Provisions
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is
indicated on page 1.
OWNER- ENGINEER:
By: By:
Title: Mayor Title: Public Team Leader
Date Signed: A) V S1111, Date Signed: October 4,2018
Engineer License or Firm's Certificate
Number: 421308857
State of: Iowa
Address for giving notices: Address for giving notices:
City of Fairfax, Iowa Hall & Hall Engineers Inc.
300 80"'Street Court, P.O. Box 337 1860 Boyson Road
Fairfax, IA 52228 Hiawatha IA 52233
EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services.
Copyright(02009 National Society of Professional Engineers for E.JCDC.All rights reserved.
Page 7
Public Right-of-Way and Easement Acquisitions,W.Cemetery Road and Eagleview Drive
HHE File No.6950-18-02
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 October 9, 2018
Engineer's Standard Hourly Rates
A. Standard Hourly Rates:
1. Standard Flourly Rates are set forth in this Appendix I 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 lJourly 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 perfbrmed on or after the Effective Date are:
POSITION LEVEL
1 11 1 111
Team Leader $133/hour $138/hour $148/hour
Project Manager $123/hour $128/hour $138/hour
Associate Team Leader $103 /hour $113/hour $123/hour
Project Coordinator $83/hour $98/hour $113/hour
Project Engineer $108/hour $113/hour $123/hour
Desi ��. $93/hour $98/hour $108/hour
Civil Engineering Technician $83/hour $93/hour $103/hour
Project LandscapeArchitect $108/hour $113/hour $123/hour
Design Landscape Architect $93/hour $98/hour $108/hour
Landscape Architect Technician $83/hour $93/hour $103/hour
Project Surveyor $120/hour $125/hour $135/hour
Lead Field Surveyor $100/hour $11 0/hour $120/hour
Design Surveyor $80/hour $95/hour $11 0/hour
Field Surveyor $85/hour ------------ ------------
Construction Administrator $108/hour $118/hour $128/hour
Construction Observer $83/hour $98/hour $113/hour
Administrator $63/hour $78/hour $93/hour
Intern $50/hour $60/hour -----_------
Ex ert Witness $185/hour
Traffic Data Collector $80/hour for staff& $40/hour for intern
.............
Mileage—Personal Vehicle $0.535/mile
Mile - Company Truck $0,75/mile
........................
... ...................................... . ...........................
and d monitor sewer flow meter $150/week
Appendix 2,Special Provisions
EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services.
Copyright((,,)2009 National Society of Professional Engineers for EJ(,'])(..All rights reserved.
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Public Right-of-Way and Easement Acquisitions, W.Cemetery Road and Eagleview Drive
HHE File No.6950-18-02
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 October 9, 2018
Special Provisions to this Agreement
Modify paragraph 2.01A 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
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 additional 4%
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,surveys
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 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, 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
kJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services.
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Public Right-of-Way and Easement Acquisitions,W.Cemetery Road and Eagleview Drive
HHE File No.6950-18-02
liability, regulatory or any other cause of action, except for the sole negligence or willful
misconduct of the Engineer.
Certifications, Guarantees and Warranties: The Engineer shall not be required to
execute any document that would result in its certifying, guaranteeing or warranting the
existence of conditions whose existence the Engineer cannot ascertain.
Fiduciary Responsibility: The Engineer shall not offer any fiduciary service to the Owner
and no fiduciary 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.
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 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.
Validity of Pricing for Services: The scope, schedule 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 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 Owner from and against any
claims, causes of action, or proceedings of any kind.
The Owner agrees,to the fullest extent permitted by law,to indemnify and hold harmless
the Engineer, its officers, directors and employees against damages arising directly from
the Owner's negligence of the services under this Agreement and that of its contractors,
subcontractors or consultants or anyone for whom the Owner is legally liable.
Notwithstanding the foregoing agreement to indemnify and hold harmless, the parties
expressly agree that Owner has no duty to defend the Engineer from and against any
claims, causes of action, or proceedings of any kind.
Neither the Owner nor Engineer shall be obligated to indemnify the other party in any
manner whatsoever for the other party's own negligence or the negligence of others.
Appendix 2,Special Provisions
LWI)CE-520 Short Form of Agreement Between Owner and Engineer for Professional Services.
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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, corporation, non-profit, consultant, and any other type of entity
for which the Engineer is providing services.
Electronic Data Release
The owner exercises the right to request that the Engineer provide a copy of their
electronic survey, design and/or data file(s) pertaining to this project. Said electronic
file(s) may be preliminary and may not be complete or in final form and shall not be
intended for construction use. Owner's use or reuse,reproduction,dissemination, and/or
review (both internally and 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 certified hard copies produced by the Engineer. Only the final
certified hard copies of the survey, design and/or data files shall be the official plans and
documents for the project.
By signing this agreement the Owner does hereby agree to indemnify and hold the
Engineer, it's manager(s),member(s), officers, agents and employees harmless from any
claims, suits, damages, liability,demands or costs, including attorney fees resulting from
or arising 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 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 CAI.) Data to Owner or others designated by the Owner. CAD
Data will include two-dimensional horizontal line data needed to establish horizontal
alignments and control. The furnished data, along with control points, elevations and
grades shown on Engineer's plans can be used by others for construction
surveys. Engineer will not provide construction survey support to others using
Engineer's CAD Data.
Appendix 2,Special Provisions
EJCDC E-520 Short Fornt of Agreement Between Owner and Engineer for Professional Set-vices.
Copyright(02009 National Society of Professional Engineers for EJCDC.All rights reserved.
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