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HomeMy WebLinkAboutContract 22222222 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD FORM OF AGREEMENT BETWEEN O~JNER AND ENGINEER FOR PROFESSIONAL SERVICES Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published 3ointly by ~~ ~ ~ National Society of American Society Prof~~seonaA Engeneer~ a,~~ ~~~~ ~~ c~,~~^<_~ ~~~ e,<,~w~ ~ nwi; c~~~,~~~~~t, Professional Engineers in Private Practice of Civil Engineers PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS __. , ... EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. This Agreement has been prepared for use with the Standard General Conditions of the Construction Contract (No. C-700, 2002 Edition) of the Engineers Joint Contract Documents Committee. Their provisions are interrelated, and a change in one may necessitate a change in the other. For guidance on the completion and use of this Agreement, see EJCDC User's Guide to the Owner-Engineer Agreement, No. E-001, 2002 Edition. Copyright ©2004 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 w~,~~vv.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.or~ American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.or~ EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All riehts reserved. TABLE OF CONTENTS Page ARTICLE 1 -SERVICES OF ENGINEER .................... 1.01 Scope ............................................................ ........................................................................1 ........................................................................1 ARTICLE 2 - OWNER'S RESPONSIBILITIES........ 2.01 General ..................................................... ................................................................................1 ................................................................................1 ARTICLE 3 -SCHEDULE FOR RENDERING SERVICES .........................................................................1 3.01 Commencement ..........................................................................:.................................................1 3.02 Time for Completion .....................................................................................................................2 ARTICLE 4 -INVOICES AND PAYMENTS ................................................................................................2 4.01 Invoices ......................................................................................................................................... 2 4.02 Payments .......................................................................................................................................2 ARTICLE 5 -OPINIONS OF COST ................................................................................................................3 5.01 Opinions of Probable Construction Cost ...................................................................................... 3 5.02 Designing to Construction Cost Limit ....................................... ................................................... 3 5.03 Opinions of Total Project Costs ....................................................................................................3 AP.TICLE 6 -GENERAL CONSIDERATIOi1S .............................................................................................3 6.01 Standards of Performance .............................................................................................................3 6.02 Design without Construction Phase Services ...............................................................................4 6.03 Use of Documents ......................................................................................................................... 5 6.04 Insurance ....................................................................................................................................... 6 6.05 Suspension and Termination .........................................................................................................6 6.06 Controlling Law ............................................................................................................................ 8 6.07 Successors, Assigns, and Beneficiaries ........................................................................................ 8 6.08 Dispute Resolution ........................................................................................................................8 6.09 Environmental Condition of Site ..................................................................................................9 6.10 Indemnification and Mutual Waiver ............................................................................................9 6.11 Miscellaneous Provisions ...........................................................................................................10 ARTICLE 7 -DEFINITIONS .........................................................................................................................11 7.01 Defined Terms .............................................................................................................................11 ARTICLE 8 -EXHIBITS AND SPECIAL PROVISIONS ...........................................................................13 8.01 Exhibits Included ........................................................................................................................13 8.02 Total Agreement .........................................................................................................................13 8.03 Designated Representatives ........................................................................................................13 -_ __~_ _~ EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright 02002 National Society of Professional Engineers for EJCDC. All rights reserved. STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of August 10 2009 ("Effective Date") between Ciry of Columbia Heights, Columbia Heights, MN ("Owner") and SRF Consulting Group, Inc, Minneapolis, MN ("Engineer") Owner intends to Reconstruct the existing Pedestrian Bridge crossing TH 65 at 49~' Avenue and Identified as "Gateway Pedestrian Bridge," City Project number 0906. Owner and Engineer agree as follows: ARTICLE I - SERVICES OF ENGINEER 1.01 Scope ("Project") A. Engineer shall provide, or cause to be provided, the services set forth herein and in Exhibit A - En ineer's proposal ARTICLE 2 - OWNER'S RESPONSIBILITIES 2.01 General A. Owner shall have the responsibilities set forth herein and in Exhibit B. B. Owner shall pay Engineer as set forth in Exhibit C. C. Owner shall be responsible for, and Engineer may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by Owner to Engineer pursuant to this Agreement. Engineer may use such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement. ARTICLE 3 - SCHEDULE FOR RENDERING SERVICES 3.01 Commencement A. Engineer shall begin rendering services as of the Effective Date of the Agreement. Page 1 of 15 EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 3.02 Time for Completion A. Engineer shall complete its obligations within a reasonable time. Specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided in Exhibit A, and are hereby agreed to be reasonable. B. If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer's services is impaired, or Engineer's services are delayed ar suspended, then the time for completion of Engineer's services, and the rates and amounts of Engineer's compensation, shall be adjusted equitably. C. If Owner authorizes changes in the scope, extent, or character of the Project, then the time for completion of Engineer's services, and the rates and amounts of Engineer's compensation, shall be adjusted equitably. D. Owner shall make decisions and carry out its other responsibilities in a timely manner so as not to delay the Engineer's performance of its services. E. If Engineer fails, through its own fault, to complete the performance required in this Agreement within the time set forth, as duly adjusted, then Owner shall be entitled to the recovery of direct damages resulting from such failure. ARTICLE 4 - INVOICES AND PAYMENTS 4.01 Invoices A. Preparation and Submittal of Invoices. Engineer shall prepare invoices in accordance with its standard invoicing practices and the terms of Exhibit C. Engineer shall submit its invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. 4.02 Payments A. Application to Interest and Principal. Payment will be credited first to any interest owed to Engineer and then to principal. B. Failu~°e to Pay. If Owner fails to make any payment due Engineer for services and expenses within 30 days after receipt of Engineer's invoice, then: 1. Amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day; and 2. Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until Owner has 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. C. Disputed Invoices. If Owner contests an invoice, Owner may withhold only that portion so contested, and must pay the undisputed portion. -- - _ -,- age 2 of 15 EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. D. Legislative Actions. If after the Effective Date of the Agreement any governmental entity takes a legislative action that imposes taxes, fees, or charges on Engineer's services or compensation under this Agreement, then the Engineer may invoice such new taxes, fees, or charges as a Reimbursable Expense to which a factor of 1.0 shall be applied. Owner shall pay such invoiced new taxes, fees, and charges; such payment shall be in addition to the compensation to which Engineer is entitled under the terms of Exhibit C. ARTICLE 5 - OPINIONS OF COST 5.01 Opinions of Probable Construction Cost A. Engineer's opinions of probable Construction Cost are to be made on the basis of Engineer's experience and qualifications and represent Engineer's best judgment as an experienced and qualified professional generally familiar with the construction industry. However, since Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors' methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by Engineer. If Owner wishes greater assurance as to probable Construction Cost, Owner shall employ an independent cost estimator as provided in Exhibit B. 5.02 Designing to Construction Cost Limit A. if a Construction Cost Limit is established between Owner and Engineer, such Construction Cost limit and a statement of Engineer's rights and responsibilities with respect thereto will be specifically set forth in Exhibit F, "Construction Cost Limit," to this Agreement. 5.03 Opinions of Total Project Costs A. The services, if any, of Engineer with respect to Total Project Costs shall be limited to assisting the Owner in collating the various cost categories that comprise Total Project Costs. Engineer assumes no responsibility for the accuracy of any opinions of Total Project Costs. ARTICLE 6 - GENERAI, CONSIDERATIONS 6.01 Standards of Performance 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. B. Owner shall not be responsible for discovering deficiencies in the technical accuracy of Engineer's services. Engineer shall correct any such deficiencies in technical accuracy without additional compensation except to the extent such corrective action is directly attributable to deficiencies in Owner-furnished information. Page 3 of 15 EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. C. Engineer may employ such Consultants as Engineer deems necessary to assist in the performance or furnishing of the services, subject to reasonable, timely, and substantive objections by Owner. D. Subject to the standard of care set forth in Paragraph 6.Ol.A, 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. E. Engineer and Owner shall comply with applicable Laws and Regulations and Owner- mandated standards that Owner has provided to Engineer in writing. This Agreement is based on these requirements as of its Effective Date. Changes to these requirements after the Effective Date of this Agreement may be the basis for modifications to Owner's responsibilities or to Engineer's scope of services, times of performance, and compensation. F. Engineer shall not be required to sign any documents, no matter by whom requested, that would result in the Engineer having to certify, guarantee, or warrant the existence of conditions whose existence the Engineer cannot ascertain. Owner agrees not to make resolution of any dispute with the Engineer or payment of any amount due to the Engineer in any way contingent upon the Engineer signing any such documents. G. 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 (No. C-700, 2002 Edition) unless both parties lr~atualiy agree to use other General Conditions by specific reference in Exhibit J. H. Engineer shall not at any time supervise, direct, or have control over Contractor's work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to the Contractor's work in progress, nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. I. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform the Work in accordance with the Contract Documents. J. 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 and its Consultants) at the Site or otherwise furnishing or performing any Work; or for any decision made on interpretations or clarifications of the Contract Documents given by Owner without consultation and advice of Engineer. 6.02 Design Without Construction Phase Services A. If Engineer's Basic Services under this Agreement do not include Project observation, or review of the Contractor's performance, or any other Construction Phase services, then (1) Engineer's services under this Agreement shall be deemed complete no later than the end of the Bidding or Negotiating Phase; (2) Engineer shall have no design or shop drawing age 4 of 15 - _ EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. review obligations during construction; (3) Owner assumes all responsibility for the application and interpretation of the Contract Documents, contract administration, construction observation and review, and all other necessary Construction Phase engineering and professional services; and (4) Owner waives any claims against the Engineer that maybe connected in any way thereto. 6.03 Use of Documents A. All Documents are instruments of service in respect to this Project, and Engineer shall retain an ownership and property interest therein (including the copyright and the right of reuse at the discretion of the Engineer} whether or not the Project is completed. Owner shall not rely in any way on any Document unless it is in printed form, signed or sealed by the Engineer or one of its Consultants. B. A party may rely that data or information set forth on paper (also known as hard copies) that the party receives from the other party by mail, hand delivery, or facsimile, are the items that the other party intended to send. Files in electronic media format of text, data, graphics, or other types that are furnished by one party to the other are furnished only for convenience, not reliance by the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. C. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any transmittal errors detected within the 60-day acceptance period will be corrected by the party delivering the electronic files. D. When transferring documents in electronic media format, the transferring party makes no representations as to long-term compatibility, usability, or readability of such documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the documents' creator. E. Owner may make and retain copies of Documents for information and reference in connection with use on the Project by Owner. Engineer grants Owner a license to use the Documents on the Project, extensions of the Project, and other projects of Owner, 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 or on any other project 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 Engineer's Consultants; (3) Owner shall indemnify and hold harmless Engineer and Engineer's Consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification without written verification, completion, or adaptation by Engineer; (4) such limited license to Owner shall not create any rights in third parties. Page 5 of 15 EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. F. If Engineer at Owner's request verifies or adapts the Documents for extensions of the Project or for any other project, then Owner shall compensate Engineer at rates or in an amount to be agreed upon by Owner and Engineer. 6.04 Insurance A. Engineer shall procure and maintain insurance as set forth in Exhibit G, "Insurance." Engineer shall cause Owner to be listed as an additional insured on any applicable general liability insurance policy carried by Engineer. B. Owner shall procure and maintain insurance as set forth in Exhibit G, "Insurance." Owner shall cause Engineer and Engineer's Consultants to be listed as additional insureds on any general liability or property insurance policies carried by Owner which are applicable to the Project. C. Owner shall require Contractor to purchase and maintain general liability and other insurance in accordance with the requirements of Paragraph 5.04 of the "Standard General Conditions of the Construction Contract," (No. C-700, 2002 Edition) as prepared by the Engineers Joint Contract Documents Committee and to cause Engineer and Engineer's Consultants to be listed as additional insureds with respect to such liability and other insurance purchased and maintained by Contractor for the Project. D. Owner and Engineer shall each deliver to the other certificates of insurance evidencing the coverages indicated in Exhibit G. Such certificates shall be furnished prior to commencement of Engineer's services and at renewals thereafter during the life of the Agreement. E. All policies of property insurance relating to the Project shall contain provisions to the effect that Engineer's and Engineer's Consultants' interests are covered and that in the event of payment of any loss or damage the insurers will have no rights of recovery against Engineer or its Consultants, or any insureds or additional insureds thereunder. F. At any time, Owner may request that Engineer or its Consultants, at Owner's sole expense, provide additional insurance coverage, increased limits, or revised deductibles that are more protective than those specified in Exhibit G. If so requested by Owner, and if commercially available, Engineer shall obtain and shall require its Consultants to obtain such additional insurance coverage, different limits, or revised deductibles for such periods of time as requested by Owner, and Exhibit G will be supplemented to incorporate these requirements. 6.05 Suspension and Termination A. Suspension. By Owner: Owner may suspend the Project upon seven days written notice to Engineer. By Engineer: If Engineer's services are substantially delayed through no fault of Engineer, Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement. Page 6 of 15 EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. B. Termination. The obligation to provide further services 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 perform in accordance with the terms hereof through no fault of the terminating party. b. By Engineer; 1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional; or 2) upon seven days written notice if the Engineer's services for the Project are delayed or suspended for more than 90 days for reasons beyond Engineer's control. 3} Engineer shall have no liability to Owner on account of such termination. c. Notwithstanding the foregoing, this Agreement will not terminate under Paragraph 6.OS.B.l.a if the party receiving such notice begins, within seven days of receipt t~f such notice, to correct its substantial failure to perforrr~ and proceeds diligently to cure such failure within no more than 30 days of receipt thereof; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently 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, a. By Owner effective upon Engineer's receipt of notice from Owner. C. Effective Date of Termination. The terminating party under Paragraph 6.OS.B may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to demobilize personnel and equipment from the Site, 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. D. Payments Upon Termination. 1. In the event of any termination under Paragraph 6.05, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished and all Reimbursable Expenses incurred through the effective date of termination. Page 7 of 15 - EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Upon making such payment, Owner shall have the limited right to the use of Documents, at Owner's sole risk, subject to the provisions of Paragraph 6.03.E. 2. In the event of termination by Owner for convenience or by Engineer for cause, Engineer shall be entitled, in addition to invoicing for those items identified in Paragraph 6.OS.D.1, to invoice Owner and to payment of a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with Engineer's Consultants, and other related close-out costs, using methods and rates for Additional Services as set forth in Exhibit C. 6.06 Controlling Law A. This Agreement is to be governed by the law of the state in which the Project is located. 6.07 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the partners, successors, executors, administrators and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 6.07.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owlier 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 assignrrlent will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise in this Agreement: 1. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Contractor, Contractor's subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 3. Owner agrees that the substance of the provisions of this Paragraph 6.07.C shall appear in the Contract Documents. 6.08 Dispute Resolution A. Owner and Engineer agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice prior to invoking the procedures of Exhibit H or other provisions of this Agreement, or exercising their rights under law. Page 8 of 15 EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. B. If the parties fail to resolve a dispute through negotiation under Paragraph 6.08.A, then either or both may invoke the procedures of Exhibit H. If Exhibit H is not included, or if no dispute resolution method is specified in Exhibit H, then the parties may exercise their rights under law. 6.09 Environmental Condition of Site A. Owner has disclosed to Engineer in writing the existence of all known and suspected Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, hazardous substances, and other Constituents of Concern located at or near the Site, including type, quantity, and location. B. Owner represents to Engineer that to the best of its knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at the Site. C. If Engineer encounters an undisclosed Constituent of Concern, then Engineer shall notify (1) Owner and (2) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. D. It is acknowledged by both parties that Engineer's scope of services does not include any services related to Constituents of Concern. If Engineer or any other party encounters an undisclosed Constituent of Concern, or if investigative or remedial action, or other professional services, are necessary with respect to disclosed or undisclosed Constituents of Concern, then 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 consultant(s) or contractors} to identify and, as appropriate, abate, remediate, or remove the Constituents of Concern; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. E. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineer's services under this Agreement, then the Engineer shall have the option of (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause on 30 days notice. F. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall not be required to become an "arranger," "operator," "generator," or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer's activities under this Agreement. 6.10 Indemnification and Mutual Waiver A. Indemnification by Engineer. To the fullest extent permitted by law, Engineer shall indemnify and hold harmless Owner, and Owner's officers, directors, partners, agents, consultants, and employees from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is Page 9 of 15 EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Engineer or Engineer's officers, directors, partners, employees, or Consultants. The indemnification provision of the preceding sentence is subject to and limited by the provisions agreed to by Owner and Engineer in Exhibit I, "Allocation of Risks," if any. B. Indemnification by Owner. To the fullest extent permitted by law, Owner shall indemnify and hold harmless Engineer, Engineer's officers, directors, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Owner or Owner's officers, directors, partners, agents, consultants, or employees, or others retained by or under contract to the Owner with respect to this Agreement or to the Project. C. Environmental Indemnification. In addition to the indemnity provided under Paragraph 6.10.B of this Agreement, and to the fullest extent permitted by law, Owner shall indemnify and hold harmless Engineer and its officers, directors, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, and all court, arbitration, or other dispute resolution costs) caused by, arising out of, relating to, or resulting from a Constituent of Concern at, on, or under the Site, provided that (i) any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the V`Jork itself), ir~cl-tldirig the loss of use resulting therefrom, and (ii) nothing in this paragraph shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willful misconduct. D. Percentage Share of Negligence. To the fullest extent permitted by law, a party's total liability to the other party and anyone claiming by, through, or under the other parry for any cost, loss, or damages caused in part by the negligence of the party and in part by the negligence of the other party or any other negligent entity or individual, shall not exceed the percentage share that the party's negligence bears to the total negligence of Owner, Engineer, and all other negligent entities and individuals. E. Mutual Waiver. To the fullest extent permitted by law, Owner and Engineer waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project. 6. l 1 Miscellaneous Provisions A. Notices. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by Page 10 of 15 EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. B. Survival. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. C. Severability. Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Engineer, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. D. Waiver. A party's non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. E. Accrual of Claims. To the fullest extent permitted by law, all causes of action arising under this Agreement shall be deemed to have accrued, and all statutory periods of limitation shall commence, no later than the date of Substantial Completion. ARTICLE 7 - DEFINITIONS 7.01 Defined Terms A. Wherever used in this Agreement (including the Exhibits hereto) terms (including the singular and plural forms) printed with initial capital letters have the meanings indicated in the text above or in the exhibits; in the following provisions; or in the "Standard General Conditions of the Construction Contract," prepared by the Engineers Joint Contract Documents Committee (No. 0-700, 2002 Edition): 1. Additional Services -The services to be performed for or furnished to Owner by Engineer in accordance with Exhibit A, Part 2, of this Agreement. 2. Basic Services -The services to be performed for or furnished to Owner by Engineer in accordance with Exhibit A, Part 1, of this Agreement. 3. Construction Cost -The cost to Owner of those portions of the entire Project designed or specified by Engineer. Construction Cost does not include costs of services of Engineer or other design professionals and consultants, cost of land or rights-of--way, or compensation for damages to properties, or Owner's costs for legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project, or the cost of other services to be provided by others to Owner pursuant to Exhibit B of this Agreement. Construction Cost is one of the items comprising Total Project Costs. 4. Constituent of Concern -Any substance, product, waste, or other material of any nature whatsoever (including, but not limited to, Asbestos, Petroleum, Radioactive Material, and PCBs) which is or becomes listed, regulated, or addressed pursuant to Page I1 of IS EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. [a] the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); [b] the Hazardous Materials Transportation Act, 49 U.S.C. §§ 1801 et seq.; [c] the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); [d] the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; [e] the Clean Water Act, 33 U.S.C. §§1251 et seq.; [f] the Clean Air Act, 42 U.S.C. §§7401 et seq.; and [g] any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 5. Consultants -Individuals or entities having a contract with Engineer to furnish services with respect to this Project as Engineer's independent professional associates, consultants, subcontractors, or vendors. 6. Documents -Data, reports, Drawings, Specifications, Record Drawings, and other deliverables, whether in printed or electronic media format, provided or furnished in appropriate phases by Engineer to Owner pursuant to this Agreement. 7. Drawings -That part of the Contract Documents prepared or approved by Engineer that graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings are not Drawings as so defined. 8. Laws and Regulations; Laws or Regulations -Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, anti courts having jurisdiction. 9. Reimbursable Expenses -The expenses incurred directly by Engineer in connection with the performing or furnishing of Basic and Additional Services far the Project. I0. Resident Project Representative -The authorized representative of Engineer, if any, assigned to assist Engineer at the Site during the Construction Phase. The Resident Project Representative will be Engineer's agent or employee and under Engineer's supervision. As used herein, the term Resident Project Representative includes any assistants of Resident Project Representative agreed to by Owner. The duties and responsibilities of the Resident Project Representative, if any, are as set forth in Exhibit D. 11. Specifications -That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 12. Total Project Costs -The sum of the Construction Cost, allowances for contingencies, and the total costs of services of Engineer or other design professionals and consultants, together with such other Project-related costs that Owner furnishes for inclusion, including but not limited to cost of land, rights-of- way, compensation for damages to properties, Owner's costs for legal, accounting, insurance counseling and auditing services, interest and financing charges incurred in connection with the Project, and the cost of other services to be provided by others to Owner pursuant to Exhibit B of this Agreement. Page 12 of 15 EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright 02002 National Society of Professional Engineers for EJCDC. All rights reserved. ARTICLE 8 - EXHIBITS AND SPECIAL PROVISIONS 8.01 Exhibits Included A. Exhibit A, "Engineer's Services," consisting of 22 pages. B. Exhibit B, "Owner's Responsibilities," consisting of pages. C. Exhibit C, "Payments to Engineer for Services and Reimbursable Expenses," consisting of pages. D. Exhibit D, "Duties, Responsibilities and Limitations of Authority of Resident Project Representative," consisting of pages. E. Exhibit E, "Notice of Acceptability of Work," consisting of pages. F. Exhibit F, "Construction Cost Limit," consisting of pages. G. Exhibit G, "Insurance," consisting of pages. H. Exhibit H, "Dispute Resolution," consisting of pages. I. Exhibit I, "Allocation of Risks," consisting of pages. J. Exhibit J, "Special Provisions," consisting of pages. K. Exhibit K, "Amendment to Owner-Engineer Agreement," consisting of pages. 8.02 Total Agreement A. This Agreement (consisting of pages 1 to inclusive, together with the exhibits identified above) 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 based on the format of Exhibit K to this Agreement. 8.03 Designated Representatives A. With the execution of this Agreement, Engineer and Owner shall designate specific individuals to act as Engineer's and Owner's representatives with respect to the services to be performed or furnished by Engineer and responsibilities of Owner under this Agreement. Such individuals shall have authority to transmit instructions, receive information, and render decisions relative to the Project on behalf of each respective party. Page 13 of 15 _ ~- - ~. EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner: _City of Columbia Heights Engineer: SRF Consulting Group, Inc. By: Walt Fehst Title: Citv Manager ~~. By: Rand~°Geerdes Title: President Date Signed: - ~ -~ _"~~' Address for giving notices: 590 40th Avenue N.E. Columbia Heights, MN 55421 Designated Representative (see Paragraph 8.03.A): ~~_.~__ cvlli ailseii Title: Director Public Works Phone Number: 763-706-3705 Facsimile Number: 763-706-3701 E-Mail Address: Kevin.Hansen@ ci.columbia-heights.mn.us Engineer License or Certificate No. State of: ~~' Address for giving notices: ~~' ~~ One Carlson Parkway North Suite 150 Minneapolis, MN 55447-4443 Designated Representative (see Paragraph 8.03.A): Larry Erickson Title: Principal Phone Number: 763-475-0010 Facsimile Number: 763-475-2429 E-Mail Address: Erickson@srfconsulting.com Page 14 of 15 EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. SUGGESTED FORMAT (for use with E-500, 2002 Edition) This is EXHIBIT A, consisting of 27 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated August 10th, 2009. Engineer's Services Article 1 of the Agreement is amended and supplemented to include the following agreement of the parties. Engineer shall provide Basic and Additional Services as set forth below. PART 1 -BASIC SERVICES A.1.01 Study and Report Phase NOT IN THIS CONTRACT A.1.02 Preliminary Design Phase A. SRF Proposal, attached A.1.03 Final Design Phase A. SRF Proposal, attached A.1.04 Bidding or Negotiating Phase A. SRF Proposal, attached A. i .0~ Construction Phase A. NOT 1N THIS CONTRACT A.1.06 Post-Construction Phase A. NOT IN THIS CONTRACT PART 2 -ADDITIONAL SERVICES A2.01 Additional Services Requiring Owner's Written Authorization A. If authorized in writing by Owner, Engineer shall furnish or obtain from others Additional Services of the types listed below. 1. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for the Project of any such Page 1 of 27 Pages (Exhibit A -Engineer's Services) EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ®2002 National Society of Professional Engineers for EJCDC. All rights reserved. statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. 2. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner or others. 3. Services resulting from significant changes in the scope, extent, or character of the portions of the Project designed or specified by Engineer or its design requirements including, but not limited to, changes in size, complexity, Owner's schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date of this Agreement or are due to any other causes beyond Engineer's control. 4. Services resulting from Owner's request to evaluate additional Study and Report Phase alternative solutions beyond those identified in Paragraph A1.Ol.A.4. 5. Services required as a result of Owner's providing incomplete or incorrect Project information to Engineer. 6. Providing renderings or models for Owner's use. 7. Undertaking investigations and studies including, but not limited to, detailed consideration of operations, maintenance, and overhead expenses; the preparation of feasibility studies, casl-i flow and ecoiio~iiic evaluations, rate schedules, and appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing, and assisting Owner in obtaining process licensing; detailed quantity surveys of materials, equipment, and labor; and audits or inventories required in connection with construction performed by Owner. 8. j~urnishing services of Engineer's Consultants for other than Basic Services. 9. Services attributable to more prime construction contracts than specified in Paragraph Al .03.C. 10. Services during out-of--town travel required of Engineer other than for visits to the Site or Owner's office. 1 1. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cast estimating, project peer review, value engineering, and constructibiiity review requested by Owner; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other Bidding Documents as a result of such review processes. 12. Preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by Owner for the Work or a portion thereof. 13. Determining the acceptability of substitute materials and equipment proposed during the Bidding or Negotiating Phase when substitution prior to the award of contracts is allowed by the Bidding Documents. Page 2 of 27 Pages (Exhibit A -Engineer's Services) EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright X2002 National Society of Professional Engineers for EJCDC. All rights reserved. 14. Assistance in connection with Bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services, except when such assistance is required by Exhibit F. 15. Providing construction surveys and staking to enable Contractor to perform its work other than as required under Paragraph A1.OS.A.6, and any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. 16. Providing Construction Phase services beyond the original date for final completion of the Work. 17. Providing assistance in responding to the presence of any Constituent of Concern at the Site, in compliance with current Laws and Regulations. 18. Preparing and furnishing to Owner Record Drawings showing appropriate record information based on Project annotated record documents received from Contractor. 19. Preparation of operation and maintenance manuals. 20. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration, or other dispute resolution process related to the Project. 21. Providing more extensive services required to enable Engineer to issue notices or certifications requested by OLVr~er. 22. Other services performed or furnished by Engineer not otherwise provided for in this Agreement. A2.02 .~!~~diti;~rc~1 Sen'iees Riot Requirit2g ~v;ze;°'s ~'f"itten Autho~`iZutioYi A. Engineer shall advise Owner that Engineer is commencing to perform or furnish the Additional Services of the types listed below. For such Additional Services, Engineer need not request or obtain specific advance written authorization from Owner. Engineer shall cease performing or furnishing such Additional Services upon receipt of written notice from Owner. 1. Services in connection with Work Change Directives and Change Orders to reflect changes requested by Owner. 2. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than "or-equal" items; and services after the award of the Construction Contract in evaluating and determining the acceptability of a substitution which is found to be inappropriate for the Project or an excessive number of substitutions. 3. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment, or energy shortages. -- __ Page 3 of 27 Pages (Exhibit A -Engineer's Services) EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright °2002 National Society of Professional Engineers for EJCDC. All rights reserved. 4. Additional or extended services during construction made necessary by (1) emergencies or acts of God endangering the Work, (2) the presence at the Site of any Constituent of Concern, (3) Work damaged by fire or other cause during construction, (4) a significant amount of defective, neglected, or delayed work by Contractor, (5) acceleration of the progress schedule involving services beyond normal working hours, or (6) default by Contractor. 5. Services (other than Basic Services during the Post-Construction Phase) in connection with any partial utilization of any part of the Work by Owner prior to Substantial Completion. 6. Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in connection with the Work. 7. Services during the Construction Phase rendered after the date stated in A1.OS.B. 8. Perform or provide the following additional services: Accent lighting design and final lighting design and plan preparation. Page 4 of 27 Pages (Exhibit A -Engineer's Services) EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright x"2002 National Society of Professional Engineers for EJCDC. All rights reserved. tf '{F ': {. ~ ~ ;.i .. =d~ '~,~ ; '~~ T, i ~jI' 1 ~~. , "~ ~ i i~,: J { , 1 7~f 4 ,F. E:. . ~_.: _... ~.'.-: ,: F.:;- ,, . - .. k .; ~`. _~: i,' ~.. ' . (~ ..~,'__ . Iii' -- ~' ~ ~.-- ~, ~' ~, Z_. `: H a O. , yV 4 ~ r t' t ,, M1., _, ., -~ _ ._ _. -~ kk ~ YF § _ _ - s _ __~ ~~,j~ ~.... 1 O ~ ~ ~ ' O 1 G C C O _ V J C _ r ci .. v _ G ~ y . . ~ ~. ~ vs ~, C _, ' _ , -Z t~ _- y J G c'3 _ ~ V ~ V .7 O C1 vt n. _ J ~ - n ~ ~. J ~ ~ ~ ~ ~ + . ' J j CA n .-. ''.' C -~ e.U ~ ~ J - :J V y C U ~~ -+ v W ^J ~ ~" ~j1 J ~ ~ ' ~ ~ ``~ y ^., ., , v ~ u, ~ O CV .~' ~ N y r~ '~ 'L em y J :l i ~ v ^J ~ ~ - ~ i v i V G - y V f . ~ r ,n `_' a e~ ^.. 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' f- tn W Vf J ~- O ~= O ~- ~ ~ d W J ~..~ O O O T Q t ,J , U W !- O O N W O ~- O O O ,,• O a ~ N vs =!J O v O v~ S O O O v~ Q C cn O O N i1', d V d- U CA '~ tT J ! ~ '.~ 'J `~ C i - = cD v - _ , _ J y u ~ ~ ~ V; ~ ' C J ~.. ~ J y ~ ~ ^ p ~ _. J p _ O 1 J~ J v IJ J - VJ J Jl G U ~ J ~ = 'J ~ ~~ p ~J ~ :l V C "J v c . ~ y ... - _ G _ ,~> _ n ~ ~ ~ _ _ G ~ :: z ~ ~ ' ~' ~ v H - ~ ~. " ~. ~. o ^ C.. ~ V C J i ~ (.] rn p v U ~ :~ V ~ U J O ~ :n ^C ~ C ~ ~ J J - ~ O ~ ~ n U . p O . ~ "' ~ i ~ , .., v, x .- F' ~ ~ O ,- ° ~ ° •- r ~ ~. F- n o 0 ~ ~ ~ ~ ~ V ~ G V Y Q O ni m, 1- W W W G~ f~ .~ u l./9 J {~ O F- ~' ~ U W _ V O Z Q V _ Z v ~ N W O d O W O n. ~ G c~ tV v O Q o O- tn c.n 4 ai to N ~ Q a V Z i ~° p,. 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V Z d N O N O d' C C C C r v;. v G !, l U 'J . , ,~ C ~ u .~ ~ ~ ~ ~ J _ _ v _ _ r~ C G O (- G ~ ~ i v E-~ '~ i s i r i ~^ ~~ ~ C ~' ~ r . .J i .J r ~ I F , V _, _. ,f V ,J- V V v J l - i . v r ~, v W p - ~ - cr, ~, - cr i -a c cr : ~ ~ ~ p cr,' u' v r ~ ~ . ~ , _ _ C O v - . J . ,v ~..~ ~~ V . J J C.1 _" _ J O a ~ 'C" J J J ~, _ ~ V f~ ~ y ~ _ J ~ ~ - ' J . y r. J G -r =". V ~: _ _ ~ i_~ .~ _~!~ , A A' A'°A_ A'A A A A'A' A'"A A A A "A p"'A" A' A A A A"`A A"'A A"'A 0 ~yWj c i ~ ~ t~ ' O O ciJ ~ ': O O O . ir ~ I w '~' !n ~ I N C!-1 s tT, ~ ~' V1 N N l J O O '~' O T F- '7' I~ '7' N CQ G1 ~ ~ _ C N J v O O o o O N N n v; -- r z 4 v _ ~ ~ -r i r, V C ~ ~ , O n~ LLI ~~ O O O O f f• • O ,~ O ~ ~ a o 0 0 0 0 O ~ ~ n '.7' r "= 0 o ~ a O N ~r. o O c O ~ ~, C to O O O O U G` 'Iz n O t O 1 v o O V1 ,^r1 ra ;~ _ r. t/•1 Q O O O O O O ~ T f ~ ~ - ~ V O v'i ir, Q ~ T ~.r, ~. N ~, c0 rY-, O O O ir. ~i Z ~ a O if-: N .- (n -:7' f G J C nJ Q O ~ - ~ - i J J ~". / ~. 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O U O ~ U ' U N G ~ ~ u, _ J G y r '"G c rr, - C J ~ ~ ~ 'G , r-~ C - - J J - r :J _ :v .-~ _ J r J U 1 :J ~ ~ CT U U CJ U ~ ,,C ... - J _ ~ J .-_. ~ N O ... V .~ ~ Ci J U ~ C.J V - ~ - J rJ ~ ~, . - ~ _. J ,J U . % ... ~ J V ~ y J U .~ N TJ T ,J O ~ U r U ~/~ V ~. J U v `) '_• GJ 'r' ~_ r L7. - ~i U U ~ U; C U J '"' ~ ~ 1. ~ ' ;.) J ,.T . -, y ~ ~ ,r - v J .i ^J _... - L'-i O ~ _. V L d. y~ v. J (vi' - ~ ~ ' n ad ~ V - /_. G93 ~ - .. ~o ~s e~ - CJ 'U ~ ^. r v. ~ ~ ~ ZO ~ V ~ ¢ f- '7 - - ~ U U L'_7 C) ^ b'. t!) ~. ~ i ? J c ~ _ ~ ~k. r cp ~ z .- ~ ~. _ V ds ~, i -~ c J N F~ v -~ ~ Q W ~ i ~ i ~ s d ._.. ~ ^.J :J !: - J ci J ~ ~ I .~ I ~~.. u 1 N ~. J J ~ ~ J ' _ ~ L ~ - _ ~_ T~ .~ ^~ ~ ~ ~' ,^ u o J ~ c _ J J ~ i u ~ O C ~ N :J :J ;f O ~ :u G l J ~ O J ^ ^ i~ ~ .. .. ~ J "J f, ,J Ir _ ^J _ _ ^J -' C J J - ~ ~ ~ ~ ' ~ IJ .. r u s J -• - ~.. Ofi nj = ~ J _ 1 u _. v ~ p - ~ _. u ~ J ..+. ~ % ~~ G ~ i .~ ~' _. l '. '^' J ._. i v O C ~ O U . ~f ~ .. a "~ ~ ~ ~ J ~ N ~ ~ ~ J J ~ ~ ~ f - , ~ nl . r G 'r- d ~ ~J J ~ N ~ y ~ f-J ~ J _ .._. ~ J :J J ::J ~ C J Cfi W _ -- ^ c a /'% V ir ir i J i r, C •r; cr, > -. , , nl _, _ t., U G L +~..5 U I ~:d ~(-, ~ ~I ~ o~ _ - ~` U w ~r~ ~ z '~ - F ~ n v -1 J ~3`m __ C ^ ~ O ~. N 6d Y :. w „ ( cl 7 ~..._~{~G~..ao..~~ 'u2urnof idIld~~~' ~,. .. ~ J r v `J '~ J t--' rv CJ J "J U rr ^J ~ u ~- r, V C ~ T.l ~ .-, C c L.1 ~ : U r C ' V; O _. ~ • ^J ~ CT CJ _ J = U ~= V J G vC`. ~ =j ^J V CJ J _.. _ ^J _ - J _ ~ ~ o - V LL _ / d = e _ a G/) L F. ~ J v, r7 v) y .. `~ ~ ~ CJ ~ ~ GT J ~ .~ G O ~ I v J O ~ r^ ~ n - ~ ~ ':J ~ I J ~ cC N ~ U = C C ~ ~ ..~ CJ C '~J - - N ti v / v .J s ~ ' cr s ~ G , _ i Cfi .-. G v :n 1. 7i y nJ :h .~ I X l ~ - N ~ ~ .-~ U '~ ~ J CJ J I .f - - `'f . ~ J ~ i i C/' Cf ..-.J J G % U _ v, ~ : J d - _ , • ` 'f J ~ ~ J C.' U /~` J CJ CfJ ~ J ~ ;... CJ C v r^ ~ X i C G U s .~ ~ ~ CJ G C i U ~ - LY _ :,.i ~ _ ,_ r _ ~ v ~ ~ ~r, i ~- eJ 'w ,~ ,~ r, G t'rl ..... .~ G eJ CT C J ~J ~ ~ ~ ~ Q I l T - - ~ Q ~ ^ = • - ~ ~a U J ~ - J • • ~ • • • ~ .,. ..+ ~ f. 'J .~. ~..J u m K~ U p _ V fd / ~ u ? J 691 ~ _ 'J _ w e_ V N T 1 - r :J ^ ~ (`, C 1= ~ ~ - y II^~^ _ ~ ~ V U ~ J ij y i J J ~' z Ti u Z j ~~~ C ^ • ~ GO4 i CfJ ~ y V V I ~ V Q J •• 7 '1 ~ ~ .J ~:- O V ~ u D Vi C .~ ~ 7J O ~ ~ f" ~ ,J; ~ = _ ~_ ~ ~. ' - - O ,~ ,- O f y G, ~ ~ I: ~ C r _ ~ J ~' ~ ~ nJ ~ rf. J L ~ ::J 'J J f. - ~ v' •~ :l r O C O O ~ ~ ~ :n G -. :~ .~ ~ ~ J r ~ ~ , G V ~. ~ 1 J J ,J _ O J C _. J -. _ .~ ._, CJ - ~ .-. ~ ^ i J i ~ ~ - V ~ r- ~-J '_' O ^ ^ - - , te -' - :J J - ^J J ,~ % ~ r - - f ^J ~ J n Cl~ f J :J - ^J lJ YC N J ~. 1 ;J :J O CJ V "' J 'J ~ .~ J . O C _' _ ~ r J M ^.J - v ~ ~ ~ G J I U / / C I_ J i i % ...r !' 'J - ~. i - v ~ n ~ a O .~ ~ ~ rr, ., .~ ~ ~ d U -' 2 " • a ^-' s , ' ~ I IJ ~ ""^r v J =;r, ~ _ - - _ u~ - _ - ~ :_, - o - I :r-. Y = ^l., ..r-' f- ~ _ v '_ `~ vii ,J _ Z ='-I :J :J Q o -. ~ W c c~ ~ ._ i ~ n-~= _ ~ _~ ~ _ ~B. ~C. _ c1; Cr, Ct, x c cr, cr, - J r, cr; cr; ~ cr • = Cr, • r r •1 •r u r rr O r .~ ~ ~ ~ G) ~ ~ ^. ~ C - c ct1 ~ "' ~ u JS ' cL cO cf; J ~ ~ ~ ~ _ ~ ^ a Cf' '~ :u . ^...C+ C ~. ~ bA J G • ~ CT r " , U n C N v e.i ,_... `~ _ Cl G - - :/; V v; O V ~ to ~ I U .,. cJ ._ .- C ~ C!; VJ 1 ' !; . r''. l G t~ /, t V ~-. r G G ~ N % Y % ~' C.i ?' .. .- . ~ . C fi '^ ~: "^ v CJ CIS r Gfi U V r~ 'n J ~ r. J v V G ~ ... ~ ~ J :J J r ~ ~ ' Ti r G J ~ Gf' ~ J lJ 61 U • U N ~ G, % CJ :/ :J ~ •~" =' U U z ~ ~ - ~ (~`. .f.J.. ^ ~J J _ C _ ^ 1, K ^ f -x' r`•1 1'~ T N Z _ ~ ~ ~ ~ ~ ~ ~ _ ~ ~ v ~~ ~= G `= =, `_ ~ z ';~'~y~ ... :JJ L j l _ J ZO ~ Q C .:L .u.J ^ OZ ^. () ~. This is EXHIBIT B, consisting of 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated Au usg_t_lOth, 2009. Owner's Responsibilities Article 2 of the Agreement is amended and supplemented to include the following agreement of the parties. B2.01 In addition to other responsibilities of Owner as set forth in this Agreement, Owner shall at its expense: A. Provide Engineer with all criteria and full information as to Owner's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Owner will require to be included in the Drawings and Specifications; and furnish copies of Owner's standard forms, conditions, and related documents for Engineer to include in the Bidding Documents, when applicable. B. Furnish to Engineer any other available information pertinent to the Project including reports and data relative to previous designs, or investigation at or adjacent to the Site. C. Following Engineer's assessment of initially-available Project information and data and upon Engineer's request, furnish or otherwise make available such additional Project related information and data as is reasonably required to enable Engineer to complete its Basic and Additional Services. Such additional information. or data would generally include tl~~c following: 1. Property descriptions. 2. Zol~ing, deed, and ot~~ler land use restrictions. 3. Property, boundary, easement, right-of--way, and other special surveys or data, including establishing relevant reference points. 4. Explorations and tests of subsurface conditions at or contiguous to the Site, drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site, or hydrographic surveys, with appropriate professional interpretation thereof. 5. Environmental assessments, audits, investigations, and impact statements, and other relevant environmental or cultural studies as to the Project, the Site, and adjacent areas. 6. Data or consultations as required for the Project but not otherwise identified in the Agreement or the Exhibits thereto. D. Give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of the presence at the Site of any Constituent of Concern, or of any other development that Page 1 of 3 Pages (Exhibit B -Owner's Responsibilities) EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright 2002 National Society of Professional Engineers for EJCDC. All rights reserved. affects the scope or time of performance of Engineer's services, or any defect or nonconformance in Engineer's services, the Work, or in the performance of any Contractor. E. Authorize Engineer to provide Additional Services as set forth in Part 2 of Exhibit A of the Agreement as required. F. Arrange for safe access to and make all provisions for Engineer to enter upon public and private properly as required for Engineer to perform services under the Agreement. G. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by Engineer (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as Owner deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. H. Provide reviews, approvals, and permits from all governmental authorities having jurisdiction to approve all phases of the Project designed or specified by Engineer and such reviews, approvals, and consents from others as may be necessary for completion of each phase of the Project. I. Provide, as required for the Project: 1. Accounting, bond and financial advisory, independent cost estimating, and insurance counseling services. 2. Lcga1 services with regard to issues pertaining to tiie Froject as Owner requires, Contractor raises, or Engineer reasonably requests. 3. Such auditing services as Owner requires to ascertain how or for what purpose Contractor has used the moneys paid. 4. Placement and payment for advertisement for Bids in appropriate publications. J. Advise Engineer of the identity and scope of services of any independent consultants employed by Owner to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value engineering, and constructibility review. K. Furnish to Engineer data as to Owner's anticipated costs for services to be provided by others (including, but not limited to, accounting, bond and financial, independent cost estimating, insurance counseling, and legal advice) for Owner so that Engineer may assist Owner in collating the various cost categories which comprise Total Project Costs. L. If Owner designates a construction manager or an individual or entity other than, or in addition to, Engineer to represent Owner at the Site, define and set forth as an attachment to this Exhibit B the duties, responsibilities, and limitations of authority of such other party and the relation thereof to the duties, responsibilities, and authority of Engineer. Page 2 of 3 Pages (Exhibit B -Owner's Responsibilities) EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright ®2002 National Society of Professional Engineers for EJCDC. All rights reserved. M. If more than one prime contract is to be awarded for the Work designed or specified by Engineer, designate a person or entity to have authority and responsibility for coordinating the activities among the various prime Contractors, and define and set forth the duties, responsibilities, and limitations of authority of such individual or entity and the relation thereof to the duties, responsibilities, and authority of Engineer as an attachment to this Exhibit B that is to be mutually agreed upon and made a part of this Agreement before such services begin. N. Attend the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job related meetings, and Substantial Completion and final payment inspections. O. Provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of Samples, materials, and equipment required by the Contract Documents, or to evaluate the performance of materials, equipment, and facilities of Owner, prior to their incorporation into the Work with appropriate professional interpretation thereof. P. Provide Engineer with the findings and reports generated by the entities providing services to Owner pursuant to this paragraph. Q. Perform or provide the following additional services: Topo -graphic survey data. Page 3 of 3 Pages (Exhibit B --Owner's Responsibilities) EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright x'2002 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT C, consisting of pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated August 10th 2009. Payments to Engineer for Services and Reimbursable Expenses Article 2 of the Agreement is amended and supplemented to include the following agreement of the parties: ARTICLE 2 -OWNER'S RESPONSIBILITIES C2.01 Compensation For Basic Services (other than Resident Project Representative and Post- Construction) -Standard Hourly Rates Method of Payment A. Owner shall pay Engineer for Basic Services set forth in Exhibit A, except for services of Engineer's Resident Project Representative and Post-Construction Phase services, if any, as follows: 1. 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 for all services performed on the Project, plus Reimbursable Expenses and Engineer's Consultant's charges, if any. 2. Engineer's Reimbursable Expenses Schedule and Standard Hourly Rates are attached to this Exhibit C as Appendices 1 and 2. 3. The total compensation for Sei v'1Ces under Paragraph C2.01 iS eSt~mated tG be $ i 27,99 i based on the following assumed distribution of compensation: a. Project Management $11,978 b. Concept Development $13,350 c. Preliminary Design Phase $23,574 d. Final Design Phase $57,576 e. Bidding or Negotiating Phase $9,273 f Add Alternate A -spiral ramp (east) $10,140 4. Engineer may alter the distribution of compensation between individual phases of the work noted herein to be consistent with services actually rendered, but shall not exceed the total estimated compensation amount unless approved in writing by Owner. Page 1 of 3 Pages Exhibit C -Basic Services (other than RPR and Post-Construction) -Standard Hourly Rates Method of Payment EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. ~t,PPr r_z 5. The total estimated compensation for Engineer's services included in the breakdown by phases as noted in Paragraph C2.Ol.A.3 incorporates all labor, overhead, profit, Reimbursable Expenses and Engineer's Consultant's charges. 6. The amounts billed for Engineer's services under Paragraph C2.01 will be based on the cumulative hours charged to the Project during the billing period by each class of Engineer's employees times Standard Hourly Rates for each applicable billing class, plus Reimbursable Expenses and Engineer's Consultant's charges. 7. The Standard Hourly Rates and Reimbursable Expenses Schedule will be adjusted annually (as of ) to reflect equitable changes in the compensation payable to Engineer. C2.02 Compensation For Reimbticrsable Expenses A. Owner shall pay Engineer for all Reimbursable Expenses at the rates set forth in Appendix 1 to this Exhibit C. B. Reimbursable Expenses include the following categories: transportation and subsistence incidental thereto; obtaining bids or proposals from Contractor(s); providing and maintaining field office facilities including furnishings and utilities; toll telephone calls and mobile phone charges; reproduction of reports, Drawings, Specifications, Bidding Documents, and similar Project-related items in addition to those required under Exhibit A, and, if authorized in advance by Owner, overtime work requiring higher than regular rates. In addition, if authorized in advance by Owner, Reimbursable Expenses will also include expenses incurred for computer time and the use of other highly specialized equipment. C. The amounts payable to Engineer for Reimbursable Expenses will be the Project-related internal expenses actually incurred or allocated by Engineer, plus all invoiced external Reimbursable Expenses allocable to the Project, the latter multiplied by a factor of C2.03 Other Provisions Concerning Payment A. Whenever Engineer is entitled to compensation for the charges of Engineer's Consultants, those charges shall be the amounts billed by Engineer's Consultants to Engineer times a factor of B. Factors. The external Reimbursable Expenses and Engineer's Consultant's factors include Engineer's overhead and profit associated with Engineer's responsibility for the administration of such services and costs. C. Estimated Compensation Amounts 1. Engineer's estimate of the amounts that will become payable for specified services are only estimates for planning purposes, are not binding on the parties, and are not the minimum or maximum amounts payable to Engineer under the Agreement. 2. When estimated compensation amounts have been stated herein and it subsequently becomes apparent to Engineer that a compensation amount thus estimated will be exceeded, Engineer shall give Owner written notice thereof. Promptly thereafter Owner and Engineer Page 1 of 3 Pages Exhibit C -Basic Services (other than RPR and Post-Construction) -Standard Hourly Rates Method of Payment EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2002 National Society of Professional Engineers for EJCllC. All rights reserved. ChvPt f _d shall review the matter of services remaining to be performed and compensation for such services. Owner shall either agree to such compensation exceeding said estimated amount or Owner and Engineer shall agree to a reduction in the remaining services to be rendered by Engineer, so that total compensation for such services will not exceed said estimated amount when such services are completed. If Engineer exceeds the estimated amount before Owner and Engineer have agreed to an increase in the compensation due Engineer or a reduction in the remaining services, the Engineer shall be paid for all services rendered hereunder. D. To the extent necessary to verify Engineer's charges and upon Owner's timely request, Engineer shall make copies of such records available to Owner at cost. Page 1 of 3 Pages Exhihit C -Basic Services (other than RPR and Post-Construction) -Standard Hourly Rates Method of Payment EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2002 National Society of Professional Engineers Tor EJCDC. Ail rights reserved. fihrat C_S This is Appendix 1 to EXHIBIT C, consisting of 1 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated Au ust 10th, 2009. Reimbursable Expenses Schedule Current agreements for engineering services stipulate that the Reimbursable Expenses are subject to review and adjustment per Exhibit C. Reimbursable expenses for services performed on the date of the Agreement are: Mileage 100 @ $0.55 $55.00 Reproductions 450 @ $0.10 $45.00 Subconsultant: pre-demo hazard survey $2,000 Page _ of _ Pages Exhibit C -Appendix 1 -- Reimbursable Expenses Schedule EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. GhvPt ~-fi This is Appendix 2 to EXHIBIT C, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated Au st 1Ot'', 2009. Standard Hourly Rates Schedule A. Standard Hourly Rates 1. Standard Hourly Rates are set forth in this Appendix 2 to this Exhibit C 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 will be adjusted annually (as of ) to reflect equitable changes in the compensation payable to Engineer. 3. The Standard Hourly Rates apply only as specified in Article C2. B. Schedule Hourly rates for services performed on or after the date of the Agreement are: Page 1 of 2 Pages (Exhibit G -Insurance) EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright °2002 National Society of Professional Engineers for EJCDC. All rights reserved. SRF CONSULTING GROUP, INC. RANGE OF HOURLY BILLING RATES JANUARY 2009 THROUGH DECEMBER•2009 PRINCIPAL $162 - $184 SENIOR ASSOCIATE $138 - $173 ASSOCIATE $114 - $152 SENIOR PROFESSIONAL Design Review Engineer $115 - $152 M1S Specialist ~ ~ $104 - $138 Engineer $ 88 - $135 Landscape Architect ' $ 88 - $43~ Planner __ $ 88 - $135 GRADUATE TECHNICAL CADD/Field Technician, Principal $ 88 - $119 CADD/Field Technician, Senior $ 75 - $106 CADD/Field Technician $ 57 - $ 88 _Survey Technician, Principal $ 96 - $119 Survey Technician, Senior $ 75 - $106 Survey/Traffic Technician $ 47 - $ 80 PRODUCTION WEB Designer, Principal $ 88 - $119 Graphics Technician, Principal ~~ $ 96 - $119 Graphics Technician, Senior __ $ 75 - $106 Graphccs Technician -- a ~~ Q flo - e-~wun uau auve nas~atzint $ 64 - $ 85 Clerical _ $ 48 - $ 77 The Range of Hourly Rates schedule is subject to change annually. Direct project related expenses are billed at actual cost and mileage is billed at a rate not to exceed the current allowable IRS rate for business miles. This is EXHIBIT G, consisting of pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated August 10th, 2009. Insurance Paragraph 6.04 of the Agreement is amended and supplemented to include the following agreement of the parties. G6.04 Insurance A. The limits of liability for the insurance required by Paragraph 6.04.A and 6.04.B of the Agreement are as follows: 1. By Engineer: a. Workers' Compensation: Statutory b. Employer's Liability -- 1) Each Accident: $ 2) Disease, Policy Limit: $ 3) Disease, Each Employee: c. General Liability -- 1) Each Occurrence (Bodily Injury and Property Damage): $ 2) General Aggregate: $ d. Excess or Umbrella Liability -- 1) Each Occurrence: $ 2) General Aggregate: $ e. Automobile Liability -- 1) Bodily Injury: a) Each Accident $ 2) Property Damage: a) Each Accident $ [or] 3) Combined Single Limit (Bodily Injury and Property Damage): Page 2 of 2 Pages (Exhibit G -Insurance) EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright ®2002 National Society of Professional Engineers for EJCDC. All rights reserved. Each Accident f. Professional Liability - 1) Each Claim Made $ 2) Annual Aggregate $ g. Other (specify): 2. By Owner: a. Workers' Compensation: Statutory b. Employer's Liability -- 1) Each Accident $ 2) Disease, Policy Limit $ 3) Disease, Each Employee $ c. General Liability -- 1) General Aggregate: $ 2) Each Occu~~encc (Bodily Injury and Properly Damage): $ d. Excess Umbrella Liability -- 1) Each Occurrence: $ ~) General Aggregate: $ e. Automobile Liability -- 1) Bodily Injury: a) Each Accident $ 2) Property Damage: a) Each Accident $ ~orJ 1) Combined Single Limit (Bodily Injury and Property Damage): Each Accident Page 3 of 2 Pages (Exhibit G -Insurance) EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright ®2002 National Society of Professional Engineers for EJCDC. All rights reserved. f. Other (specify): B. Additional Insureds 1. The following persons or entities are to be listed on Owner's general liability and property policies of insurance as additional insureds, as provided in Paragraph 6.04.B: a. Engineer b Engineer's Consultant c. Engineer's Consultant 2. During the term of this Agreement the Engineer shall notify Owner of any other Consultant to be listed as an additional insured on Owner's general liability and property policies of insurance. 3. The Owner shall be listed on Engineer's general liability policy as provided in Paragraph 6.04.A. Page 4 of 2 Pages (Exhibit G -Insurance) EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright m2002 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT H, consisting of pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , Dispute Resolution Paragraph 6.08 of the Agreement is amended and supplemented to include the following agreement of the parties: [NOTE: Select one of the two alternatives provided] H6.09 Dispute Resolz~tion A. Mediation. Owner and Engineer agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement or the breach thereof ("Disputes") to mediation. If such mediation is unsuccessful in resolving a Dispute, then (a) the parties may mutually agree to a dispute resolution of their choice, or (b) either party may seek to have the Dispute resolved by a court of competent jurisdiction. ~~ u:3y . ~~• ~• ~ ui rJaiccivi-r. __ - ---- - Page 1 of -Pages (Exhibit H -Dispute Resolution) EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright °2002 National Society of Professional Engineers for EJCDC. All rights reserved. > '"' > vv iii ., ~.. ~ w ., u~~vui vi uivuiiacJUClvrr. cc » ~ ~ > > > > > Page 2 of -Pages (Exhibit H -Dispute Resolution) EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright °2002 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT J, consisting of pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated ecial Provisions Paragraph(s) of the Agreement is/are amended to include the following agreement(s) of the parties: ___ _ ___ Page 1 of _ Pages (Exhibit J -Special Provisions) EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright X2002 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT K, consisting of pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated AMENDMENT TO OWNER-ENGINEER AGREEMENT 1. Background Data: a. Effective Date of Owner-Engineer Agreement: b. Owner: c. Engineer: d. Project: 2. Nature of Amendment [Check those that are applicable and delete those that are inapplicable.] Additional Services to be performed by Engineer Modifications to Services of Engineer Modifications to Responsibilities of Owner Modifications to Payment to Engineer Modifications to Time(s) far rendering Services Modifications to other terms and conditions of the Agreement 3. Description of Modifications Attachment 1, "Modifications" [List other Attachments, if any] Owner and Engineer hereby agree to modify the above-referenced Agreement as set forth in this Amendment. All provisions of the Agreement not modified by this or previous Amendments remain in effect. The Effective Date of this Amendment is OWNER: ENGINEER: Page 1 of _ Pages (Exhibit K -Amendment to Owner-Engineer Agreement) EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright m2002 National Society of Professional Engineers for EJCDC. All rights reserved. By: By: Title: Title: Date Date Signed: Signed: Page 2 of _ Pages -___.-_ (Exhibit K -Amendment to Owner-Engineer Agreement) EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright ®2002 National Society of Professional Engineers for EJCDC. All rights reserved. This is Attachment 1, consisting of pages, to Amendment No. ,dated , Modifications [Include the following paragraphs that are appropriate and delete those not applicable to this amendment. Refer to paragraph numbers used in the Agreement or a previous amendment for clarity with respect to the modifications to be made. Use paragraph numbers in this document for ease of reference herein and in future correspondence or amendments.] Engineer shall perform the following Additional Services: 2. The Scope of Services currently authorized to be performed by Engineer in accordance with the Agreement and previous amendments, if any, is modified as follows: 3. The responsibilities of Owner are modified as follows: 4. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: The schedule for rendering services is modified as follows: 6. Other portions of the Agreement (including previous amendments, if any) are modified as follows: Page 1 of _ Pages (Exhibit K -Amendment to Owner-Engineer Agreement) -Attachment 1) EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright m2002 National Society of Professional Engineers for EJCDC. All rights reserved. ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 09/04/2009 PRODUCER 8.52.893.1933 FAX 952.893. 1819 H. Robert Anderson & Assoc. , Inc. 460? West 77th Street THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 105 Edina, MN 55435 INSURERS AFFORDING COVERAGE NAIC # INSURED 5RF Consulting Group, Inc. INSURER A: The Charter Oak Fire Ins . Co. One Carl son Parkwa North Y _ _ INSURER e: Travelers Property Casualty Co. __________ _ _ -- Suite 150 INSURER C. The Travelers Indemnity Company _ Minneapolis, MN 55447 INSURER D: XL Specialty Insurance Co. INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A~DO NSR T- TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YYYY POLICY EXPIRATION DATE MM/DD/YYYY LIMITS GENERAL LIABILITY 680-2385L830-TIA-09 06/30/2009 06/30/2010 EACH OCCURRENGE $ 1,0OO,OQO X COMMERCIAL GENERAL LIABILITY DA EN - PREMISES Ea occurrence 300 , QQO $ CLAIMS MADE I "- I OCCUR MED EXP (Any one person) _ _ $ 10 , QQO A _ _ _ _ _ _ PERSONAL & ADV INJURY $ 1 , DOO , OOO _ GENERAL AGGREGATE $ 2 , DOO , DOO _ ___ _ GEN'L AGGREGATE OMIT APPLIES PER: PRODUCTS - COMPlOP AGG $ 2 , OOO , OOO Y PRO- I POL C JECT LOC ~, AUT OMOBILE LIABILITY BA 6082N849 06/30/2009 06/30/2010 X~ N COIdBINED SINGLE LIMIT (Ea accident} $ _ Y AUTO A l,aao,aoo ALL OWNED AUTOS BODILY INJURY B i SCHEDULED AUTOS (Per person) - $ ~ X HIRED AUTOS BODILY INJURY - -- ~ X NON-OWNED AUTOS I (Per accident) $ I _.__ ____.____.___....._. _ PROPERTY DAMAGE $ ~~ i (Par accident) GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT $ ANY AUTO -- OTHER ThIAN EA ACC $_ _ I AUTO ONLY qGG _ $ I EXCESSlUMBRELLA LIABILITY X. ~F-CUP-6585Y261-IND-09i 06/30/2009 06/30/2010 EACIi OCCURRENCE , $ ~, 000 ,QOQ !, X ~ OCCUR ~ ~ CLAIFdS MADE ~ -j AGGREGATE I _ _ $ C ! __ ff GENERAL AGG 1 --- -- $ 5,000,000 DEDUCTIBLE I $ RETENTION $ ~ $ WORKERS COMPENSATION UB 3207T202 06/30/2009 06/30/2010 X ~ AND EMPLOYERS' LIABIU7Y ORY LIMITS ER __ C ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? _ _ E.L. EACH ACCIDENT --- " __ $ 5QQ QQQ ~ -~ ~ {Mandato i NH ry n ) Il d ib E L. DISEASE - EA EMPLOYEE $ 50Q , OQQ yes, escr e under SPECIAL PROVISIONS below E L DISEASE -POLICY LIMIT $ 500 , D00 OTHE Professional Liability DPR9615864 07/01/2009 07/01/2010 Each Claim/ $2,000,000 D Annual Aggregate $2,000,000 Per Claim Ded. $100,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Project: City Project 0906 Gateway Ped. Bridge on 49th Ave/Th 65. See accompanying sheet for further information. This certificate or memorandum of insurance does not affirmatively or negatively amend, extend, or alter the coverage afforded by the insurance policies. '~10 da s notice for cancellation if reason is for non- a ment of remium. CERTIFICATE HOLDER CANCELLATION City of Columbia Heights Attn: Kevin Hansen 637 38th Ave NE Columbia Heights, MN 55421-3806 ACORD 25 (2009/01) SHOULD ANY OF THE A80VE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOt• DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3Q'~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR -'~...s:--2-~'.,., ,~~~,~ . Z~`~--~-.. ~.-ate..-z-y..- 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD City of Columbia Neights Certificate issued to City of Columbia Heights 09/04J2009 H. Robert Anderson & Assoc., Inc. 09/04/2009 SRF Consulting Group, Inc. - Certificate of Insurance <Cont'd): Project: City Project 0906 Gateway Ped. Bridge on 49th Ave/TH 65. If required by contract, City of Columbia Heights is additional insured under above general liability coverage, as per that policy's language. Phraseology of automobile liability policy extends similar coverage.