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HomeMy WebLinkAboutContract 22902290 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by National Satiety of American Society Professional Engineers ~~~~~ _ n f ('ivil Fnninparc aMF~=~~~~~ t ~~~-~~ ~~ .,F rv~,~NFra,~~, ~.n,,~~~~~,~r.~ Prolessional Engineers in Private Practice '""'-""- PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division cif the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS F..ICDC E-500 Standard Form of Agreement Between Owner and Engineer for Nrofessional Services Copyright tc;2002 National Society of Professional Engineers for F,JCDC. All rights reserved. Copyright G 2004 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703)684-2882 www.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,lZeston, ~A 20191-4400 (800) 548-2723 www.asce.or~ EJCllC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services C:opyrig6t C~~2002 National Society of Professional Engineers for EJCDC. AEI rights reserved. TABLE OF CONTENTS Paae ARTICLE 1 -SERVICES OF ENGINEER .....................................................................................................1 1.01 Scope .............................................................................................................................................1 ARTICLE 2 -OWNER'S RESPONSIBILITIES .............................................................................................1 2.01 General ..........................................................................................................................................1 ARTICLE 3 -SCHEDULE FOR RENDERING SERVICES ......................................................................... 2 3.01 Commencement ............................................................................................................................ 2 3.02 Time for Completion .................................................................................................................... 2 ARTICLE 4 -INVOICES AND PAYMENTS ................................................................................................ 2 4.01 Invoices ~ 4.02 Pavments ....................................................................................................................................... 2 ARTICLE 5 -OPINIONS OF COST ................................................................................................................ 3 5.01 Opinions of Probable Construction Cost ...................................................................................... 3 ARTICLE 6 -GENERAL CONSIDERATIONS ............................................................................................. 3 6.01 Standards of Performance .............................................. ............................................................... 3 6.02 Construction Phase Services Without Design 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 6.1 Inde~~anification an ~~ ua d M~ t 1 Waiver ............................................................................................ 6.11. Miscellaneous Provisions ............................................... ............................................................ 10 ARTICLE 7 -DEFINITIONS ......................................................................................................................... 11 7.01 Defined Terms ............................................................................................................................11 ARTICLE 8 -EXHIBITS AND SPECIAL PROVISIONS ...........................................................................13 8.0 i Exhibits Included ' " ........................................................................................................................ i.S 8.02 Total Agreeinent ......................................................................................................................... 13 8.03 Designated Representatives ........................................................................................................13 F,JCDC 1': 500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright c~'a2002 National Society of Professional Engineers for EJCDC. All rights resexved. STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of March 25 2010 ("Effective Date") between City of Columbia Heights ("Owner") and Kimley-Horn and Associates, Inc. ("Engineer") Owner intends to hire a consultant to provide Construction Engineering Services including Contract Administration, Construction Observation, Construction Materials Testing, and Construction Surveyin services for a pedestrian bridge reconstruction project on Trlmk Highway 65 (TH-65) and Anoka County State Aid Highway 4 (CSAH 4) in the City of Columbia Heights, Minnesota. ("Project"). Owner and Engineer agree as follows: eRTirT F ~ _ cFUV~rr~c n~ ~NrINElF?!? 1.01 Scope A. Engineel• shall provide, or cause to be provided, the services set forth herein and in Exhibit A, in Engineer's proposal dated March 19, 2010 and in Exhibit A Scope of Work of the RFP. A12'TIC'1!.:E 2 - C3?~>El~'S ESp~?'~SIB~L~T~EC 2.01 Gene~ccl 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. _- _- Yage 1 of 14 EJCDC E-500 standard Form of Agreement Between owner and Engineer for Professional Services Copyright ~c~2003 National Soeiety of Professional Engineers Far EJCDC. Ali rigists reserved. ARTICLE 3 - SCHEDULE FOR RENDERING SERVICES 3.01 Commencement A. Engineer shall begin rendering services as of the Effective Date of the Agreement. 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 or 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 ~ - INVOICES AND PAYMIENTS 4.01 Invoices A. Preparation and ~Sa~hmittal 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. Failure 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 bylaw, 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, Page 2 of 14 EJCDC E-500 Standard Farm of Agreement Between Owner and Engineer for Professional services Copyright C?2002 National Society of Professional Engineers for EJCDC. All rights reserved. expenses, and other related charges. Owner waives any anal 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. 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 ofProbable 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 aver contractors' methods of deternlining 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. Tf Owner wishes greater assuranr_,P as to probable Construction Cast, Owner shall employ an independent cost estimator as provided in Exhibit B. ARTICLE 6 - GENE aL CONSII?ERATIONS 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, m connection with Engineer's services. B. Owner shall not be responsible for discovering deficiencies in the technical accuracy of Engineer's services. Engineer shall coiiect any such deficiencies in teciaiicai accuracy without additional compensation except to the extent such corrective action is directly attributable to deficiencies in Owner-furnished information. 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.O1.A, Engineer and its Consultants may use or rely upon design elements and information ordinarily or customarily furnished Page 3 of 14 EJCDC E-500 Standard Form of Agreement 13etwecn Owner and Engineer for Professional Services Copyright X2002 National Society of Professional Engineers for EJCDC. AI6 rights reserved. by others, including, but not limited to, contract documents prepared by the design engineer (Engineer of Record}, 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). N. 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 ror for any failure of Contractor to comply :.'.th La::'s 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 anal perform the Work in accordance with the Contract Documents. J. Engineer shall not be responsible far the acts or omissions of any contractor, subcontractor, Cir supplier, or G~ airy Gf tl'ieir agents or employees or t'ii any other persons ~cxCept Engineer's awn employees and its Consultants} at the Site or otherwise fiirnishing 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 Construction Phase Services Without Design Services A. If Engineer's Basic Services under this Agreement do not include design, and the Engineer provides construction phase services, the Engineer shall have no responsibility for the accuracy, applicability or completeness of the design. If during the course of performing Construction Phase Services, possible discrepancies or errors in the design, plans or specifications are found by the Engineer, the Engineer shall notify the Owner of such items. Owner shall bring these items to the attention of the Engineer of Record for review and corrections as appropriate. Engineer shall not be responsible to make modifications to the design, plans or specifications prepared by the Engineer of Record. --- -- _-- -- _ - Page 4 of 14 E,1CDC E-5(?0 Standard Form of Agreement Between Owner and Engineer for Professional services Copyright ~~2002 Nafional Society of Professional Engineers for L,JCllC. A!( rights reserved. B. Engineer shall not be responsible for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Engineer have any authority or responsibility to stop or direct the work of any contractor. The Engineer's observation will be for the purpose of endeavoring to provide the Owner a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by the Engineer of Record. Engineer neither guarantees the performance of contractors, nor assumes responsibility for any contractor's failure to perform its work in accordance with the contract documents. The Owner agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and for its means and methods; that the contractor shall indemnify the Owner and the Engineer for all claims and liability arising out of job site accidents; and that the Owner and the Engineer shall be made additional insureds under the contractor's general liability insurance policy. 6.03 Use of Documents A. All Documents are instruments of service iii 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 itci3iS that rile oii3er pai-t'y ir'itci3dcd tv Sci1d. '~iics Iri cieetroiii% iiledia foiiuat 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 parry. 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 withoilt 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 Page 5 of 14 EJCDC E-500 Standard Form of Agreement Between Owner and F,ngineer for Professiona! Services Copyright X2002 National Society of Professional Engineers for EJCDC. All rights reserved. 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. 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." B. 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. C. All pGlicies of property insurance relating tG the Project shall cGntain prGVisions 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 reeover,~ against Engineer or its Consultants, or any insureds or additional insureds thereunder. D. 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 avaiiabie", Enginc^er shall Gbtaln acid snail regiigre its Coi2siiltants tG Obtain suCai addltioi'iai 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. B. Termination. The obligation to provide further services under this Agreement may be terminated: 1. For cause, Page C of 14 E.JC:DC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright (c~2002 National Society of Professional Engineers for EJCBC. All rights reserved. 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 terninating 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.I.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt 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. ~'. Effective Date e3f ~ Termination. The terminating party under Paragraph b.05.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. L 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. 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 Page 7 of 14 E,tCDC E-500 Standard Eorm of Agreement Between Owner and Engineer for Professional Services Copyright rs.'~2002 National Society of Professional Engineers for F,.IC'DC. All rights reserved. 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 Lc~m> A. This Agreement is to be governed by the law of the state in which the Project is located. 6.07 Successors, Assigns, and Benefrciaries 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 Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, ar transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment ~.vill 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, ether 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 Enl~ineer and not for the benefit of env other party. v 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. 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. Page 8 of 14 --_ _ EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright C~~2002 National Society of Professional Engineers for EJCDC. All rights reserved. 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 contractor(s) to identify and, as appropriate, abate, remediate, ar remove the Constituents of Concern; and (2} warrants that the Site is in ill compliance with applicable Laws and Regulations. E. If tI1P_. pTP_.CP_,Tl(_P_. at thP_, SttP_, (lf 71Yt(ItCC l(1CP_,(I Con.Ct1111P_.YttS of CYol1( eYll a(IVP_,Y.CP_.ly affects the_. performance of Engineer's services under this Agreement, then the Engineer shall have the option of (1) accepting ar. equitable adjustment in its compensation or in the tilme of completion, or both; or (2) terminating this Agreement for cause on 30 days notice. l'. Oumer acknowledges that Engineer is perfonriii~ig professional seivices far Ow~i~ier 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 n r. r a. ~ n_ nrr t n~ a s t. t. nespoiisc, L vitipeiisatioil, Gild L,iabiuty ~Lt (< ~RCL,n~, as ai37ei3ueu, wliiett arc or nlay ue 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 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 Page 9 oi' 14 EJCDC E-SOd Standard Form o1~Agreement Between Owner and Engineer for Professional services Copyright «2002 National Society of Professional Engineers for E.IC'DC. Atl rights reserved. 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 lass 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 Work itself), including the loss of use resulting therefrom, and (ii) nothing in this paragraph shah. 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 party 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 conseq>.~ential damages arising out of, resrll_ting _f_rom, or in any way related to the Project. 6.11 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 registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. Page 10 of 14 E.ICDC F.-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright c~2002 National society of Professionat Engineers for EdC'I1C. All rights reserved. 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. C-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. ~asie Servzees -The selvices to be performed for or furnished to Owner by Engineer in accordance with Exhibit A. Part 1. of this Agreement. and Exhibit A Scope of Work in the RFP. 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, accOUiltiilg, insurance counseling Or alid1t11Ig Sci Vices, Or Interest aiid 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 [a] the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §9601 et seq. ("CERCLA"); [b] the Hazardous Materials Transportation. Page 11 of 14 EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional services Copyright (~~2002 National Society of Professional Engineers for E.DCDC. All rights reserved. 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, Wile, 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 of Record or Engineer to Owner pursuant to previous Agreements or this Agreement as applicable. 7. Drawings -That part of the Contract Documents prepared or approved by Engineer of Record which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings are not Drawings as so defined. 8. Laaws and Regulations; Laws ar Regulations -Any and all applicable laws, rules, regulations, ordinances, codes, aild orders of any and ail governmental bodies, agencies, authorities, and courts having jurisdiction. 9. Reimbursable Expenses -The expenses incurred directly by Engineer in connection with the performing or furnishing of Basic and Additional Services for the Project. 10. Resident Project Representatiie -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 F,ngineer's supervision. As used herein, the term Resident Project Representative includes any assistai3ts of Resident Project Representative agreed to bj% Owi"icr. T1'ie duties aiid 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 14 EJCDC E-500 Standard Form of Agreement Beriveen Owner and Engineer for Professional Services Copyright+c~20(-2 National SocieCy of Professional Engineers for EJCDC. ,4Ii rights reserved. ARTICLE 8 - EXHIBITS AND SPECIAL PROVISIONS 8.01 Exhibits Included R ~2 ~ r. ; A. Exhibit A, "Engineer's Services," consisting of 11 pages. B. Exhibit B, "Owner's Responsibilities," consisting of 2 pages. C. Exhibit C, "Payments to Engineer for Services and Reimbursable Expenses," consisting of 3 pages, and Appendix 1 consisting of 1 page, and Appendix 2 consisting of 2 pages. D. Exhibit D, "Duties, Responsibilities and Limitations of Authority of Resident Project Representative," consisting of 5 pages. E. Exhibit E, "Notice of Acceptability of Work," consisting of 2 pages. F. Exhibit G, "Insurance", consisting of 2 pages. G. Exhibit I I, "Dispute Resolution", consisting of 1 page. H. Exhibit I, "Allocation Risks", consisting of 3 pages. I. Exhibit K, "Amendment To Task Order No. ", consisting of 2 pages, and Attachment 1 consisting of 1 page.. TnfQI AoT^PPYY~PYJf A. Thds Agreement (consisting of pages 1 to 14 inclusive, together with the exhibits identified above) constitutes the entire agreement between Owner and Engineer and supersedes all prior ~~ritten or oral utlderstandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instntment based on the format of Exhibit K to this Agreement. TJe> ignati~ FL~r~s~ ntatr~cs 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 anal 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 14 EJC'DC E-500 Standard Form of Agreement Between Owner and Engineer for Professional services Copyright C~>2002 National society of Professional Engineers far EJCDC. All rights reserved. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. nwn er: 1 ftte: Engineer: Date Signed: ~~ f ~ ~ ~~ Engineer License or Certificate No State of: Minnesota 20738 Date r r Signed: ~ ~ ~' B r` f Address for giving notices: 637 38th Avenue NE Address for giving notices: 2SS0 University Avenue West Columbia Heights, MN SS421 Suite 34SN St. Paul, MN S S 114 Designated Representative (see Paragraph Designated Representative (see Paragraph 8.03.A): 8.03.A): Kevin Hansen, P.E. Jerry Pertzsch, P.E. Title: PublicWorks Director,~'ity Engineer Phone Number: (763) 706-3705 Facsimile Number: (763) 706-3701 E-Mail Address: kevin.hansen~a~,ci.cohtmbia- heights.mn.us Title: Project I`~lanager Phone Number: (6S1) 643-0411 Facsimile Number: (6S 1) 64S-S 116 E-Mail. Address: jerry.pertzsch~.kimley-hon~.com Page 1-t of f4 EJCDC E-500 Standard Fornt of Agreement Between Owner and Engineer for Professional Services Copyright X2002 National Society of Professional Engineers for EJCll('. fLll rights reserved. This is EXHIBIT A, consisting of 11 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated. March 25, 2010. Schedule of Engineer`s Services Services to be provided under this Agreement consists of the following: PART 1-BASIC SERVICES A.1.01 Project Management and Constn~tiction Administration A. Engineer shall: 1. Provide services as outlined in their proposal dated March 19, 2010 and approved by the Owner on March 22, 2010; and in addition, 2. Comply with minimum work tasks set forth in the RFP, Exhibit A Scope of Work issued February, 2010. 3. General Administration of C'onstrzrction Contract. Constalt with Owner and act as Owner's representative as provided in the General Conditions. The extent and }imitations of the duties, responsibilities and authority of Engineer as assigned uz said General Conditions shall not be modified, except as Engineer may otherwise agree in writing. All of O..mer's mstructzons to Contractor :.'ill be ~°s'aed thro~~gh Eng~..eer .vho steal} have authority to act on beha}f of Owner in dealings with Contractor to the extent provided in this Agreement and said Genera} Conditions except as othen~ise provided in writing. 4. Resident Froject Rep~pesentcrtive (RI~R). Provide the services of an RPR at the Site of the Specific Project to assist the Engineer and to provide more extensive observation of Contractor's work. Duties, responsibilities, and authority of the RPR are as set forth in tiae fask Order acid iri Exhibit D, "Duties, Pie Sp('insibiliti%S and t~iiiaitatiC3nS vt A:s.it}ii~rit'y' of Resident Project Representative." The furnishing of such RPR's services will not limit, extend, or modify Engineer's responsibilities or authority except as expressly set forth in Exhibit D. 5. Mn/DOT Meeting. Meet with appropriate Mn/DOT personnel immediately after the contract is awarded to discuss specific contract administration details; these details include equal employment opportunity, preconstruction conference, quality measurements, and construction contract requirements. 6. Materials. Materials information provided by the Contractor to the Engineer or RPR will be processed expediently and in accordance with Mn/DOT requirements. 7. ARRA Requirements. Verify and/or review that the Contractor has completed ARRA Form 1589, Employment Reporting Form. Page l of 11 F,xhibit A - Schedule of Engineer's Services EJCt)C F.-505 standard Form of ,--lgreement Between Owner and Engineer for Professional Services -Task Order Edition Copyright ?2004 National Society of Professional Engineers for EJC'DC..AII rights reserved. 8. P~°evailing wages and equal employment. Review Contractor compliance with prevailing wages and equal employment opportunity documentation. 9. Notice to Proceed. Assist the City with issuance of Notice to Proceed to contractor. 10. Change in construction status. File change in construction status with Mn/DOT Office of Construction. 11. Pre-Construction Conference. Conduct a pre-construction conference prior to commencement of Work at the Site. Conduct a separate utility pre-construction conference if necessary. Prepare and distribute meeting minutes. 12. Weekly Meetings. Conduct weekly progress meetings and prepare and distribute minutes from weekly meetings. 13. Change Orders and Work Change Directives. Recommend Change Orders and Work Change Directives to Owner, as appropriate, and prepare Change Orders and Work Change Directives as required. 14. Shop Drawings and Samples. Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed project as a functioning whole as indicated m the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. Engineer has an obligation to meet any Contractors submittal schedule that has earlier been acceptable to Engineer. 15. Applications fir Payment. Based on Engineer's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation. a. Determine the amounts that Engineer recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineer's representation to Owner, based on such observations and review, that, to the best of Engineer's knowledge, information and belief, the Work has progressed to the point indicated, the quality of such is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. In the case of unit price work, Engineer's recommendations of payment will include final determinations of quantities and classifications of the Work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of Engineer contained in paragraph A.1.O2.A.l.a are expressly subject to the limitations set forth in paragraph A.1.O2.A.l.b and other express or general limitations in this Agreement and elsewhere. Page 2 of f 1 Exhibit A -schedule of Engineer's Services EJCt)C E-SOS standard Form of Agreement Between Owner and Engineer for Professional services -'T'ask Order Edition Copyright s~2004 National Society of Professional Engineers for E.TCDC. All rights reserved. b. By recommending any payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of the Work as it is performed and furnished have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents. Neither Engineer's review of the Work for the purposes of recommending payments nor Engineer's recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control the Work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with Laws and Regulations applicable to the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the work in progress, materials, or equipment has passed to Owner free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid. 16. Materials Test Report Summary. Coordinate submittal of Grading and Base Reports, Weekly Concrete Reports, and Bituminous Testing Reports with the independent testing firm, also review Testing Summary Book with the independent testing firm. 17. Disagreements between Owner and Contractor. Render formal written decisions on all GiaiiuS of vwuci al3u ~ Oiluatrwr rciauu~, to uic aCCcptauluty of tuc vv vin yr tuc interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the Work. In rendering such decisions, Engineer shall be fair and not show partiality to Owner or Contractor and shall not be liable in connection. with any decision rendered in good faith in such capacity. 18. Additional Work by Contraetar. a. iii. ttie cvci3t 71"aat tIiC COr'istr'ilCtiCin C~tintrac7Crr givCS nGtiCc, cithlr Wiitteia tar `v'erval, that it deems certain work to be performed is beyond the scope of the construction contract and it intends to claim additional compensation, the Consultant will maintain accurate records of the costs involved in such work. These records will include manpower and equipment times and materials installed (temporary or permanent} in the portion of the work in dispute. b. In the event that the constnlction contractor for the project submits a claim for additional compensation, the Consultant will analyze the submittal and prepare a recommendation to the Owner's Project Manager covering validity and reasonableness of the charges and conduct negotiations leading to recommendations for settlement of the claim. The Consultant will maintain complete and accurate records of work involved in claims. c. In the event that the construction contractor for the project submits a request for extension of the allowable contract time, the Consultant will analyze the request and rage 3 of 11 Exhibit A -Schedule of Engineer's Services EJCDC E-SOS Standard Form of Agreement Between Owner and F,ngineer for Prolessional Services - Task arder Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. prepare a recommendation in accordance with the State's Contract Administration Manual to the Owner's Project Manager covering accuracy of statements and the actual effect of delaying factors on completion of controlling work items. B. Duration of Construction Phase. The Construction Phase will commence with the execution of the construction contract for the project or any part thereof and will terminate upon written recommendation by Engineer for final payment to Contractor. Subject to the provisions of Article 3, Engineer shall. be entitled to an equitable increase in compensation if Construction Phase services are required after the original date for completion of the Work as set forth in the construction Contract. C. Limitation of Responsibilities. Engineer shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing any of the Work. Engineer shall not be responsible for failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. A.1.02 Construction Observation A. Engineer shall: Visits to Site and Observation of Construction. In connection with. observations of Work in progress a. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, in order to observe as an experienced and qualified design professional the progress and quality of the Work. Such visits and observations by Engineer, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of the Work in progress or to involve detailed inspections of the Work in progress beyond the responsibilities specifically assigned to Engineer in the Task Order a11d the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer's exercise of professional judgment as assisted by the Resident Project Representative, if any. Based on information ohtained during such visits and such observations, Engineer will determine in general if Contractor's work is proceeding in accordance with the Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. b. The purpose of Engineer's visits to, and representation by the Resident Project Representative, if any, at the Site of the Specific Project, will. be to enable Engineer to better ca.~,j out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the exercise of Engineer's efforts as an experienced and qualified design professional, to provide for Owner a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that the integrity of the design concept of the completed project as a functioning whole as indicated in the Contract Documents has been implemented and preserved by Contractor. Engineer shall not, during such visits or as a result of suc11 observations of Contractor's work in progress, supervise, direct, or have control over the Work, nor shall Engineer have authority over or responsibility for the means, Page 4 of 11 Exhibit A -Schedule of Engineer's Services E.ICDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services -Task Order Edition f'opyright ~~~2004 National Society of Professional Engineers for EJCDC'. AI6 rights reserved. methods, techniques, sequences, or procedures of construction selected by Contractor, for safety precautions and programs incident to the Work, or for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish. and perform its work in accordance with the Contract Documents. 2. Daily Construction Diary. A daily construction diary will be kept in accordance with Mn/DOT requirements. 3. Payment Measurement. Payment items will be measured on a daily basis with pay estimates being submitted to Mn/DOT monthly. Prepare final documentation of construction pay item quantities, as per the State approved plans, Specifications, Special Provisions, and Contract Administration Manual. 4. Prepare final documentation of construction pay item quantities, as per the State approved plans, Specifications, Special Provisions, and Contract Administration Manual. 5. Site Photographs. Site phatographs will be taken weekly to document construction progress, identify potential claim items, and document areas of potential public concern. 6. Mn/DOT Weekly Forms. Complete Mn/DOT weekly construction diary, statement of working days, and track progress controlling operations. 7. Defective Work. Have authority to disapprove or reject Contractor's work while it is in 1}rogress if, on the basis of such observatiol~s, Engineer believes that such work will. not produce a completed project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the completed project as a functioning whole as indicated in the Contract Documents. 8. Notify the Owner immediately of any unanticipated project conditions. 9. Materials testing and staking. Coordinate and schedule independent testing, Mn/DOT materials testing plant inspections, and project staking. 10. Verify that test report records or certificates of compliance have been received, prior to the incorporation of materials in the work, for materials tested off the project site. 11. Analyze changes to the plans, specifications or contract provisions and extra work that appear to be necessary to carry out the intent of the construction contract. When it is determined that a change or extra work is necessary, the Consultant will make recommendations to the Owner for approval. 12. Evaluate Value Engineering Proposals, in cooperation with. the Owner's Project Manager, and provide conclusions as to whether or not proposed changes are Page 5 of 11 Exhibit A -Schedule of Engineer's Services EJCDC E-505 standard Form of Agreement Between (honer and Engineer for Professional Services-'Task Order Edition Copyright ~^2004 National Society of Professional Engineers for EJCI}C. All rights reserved. structurally equal to the planned construction as well as the validity of estimated savings to the State and the construction contractor. 13. Clarifications ccnd Interpretations; Field Orders. Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of the Work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Engineer may issue Field Orders authorizing minor variations from the requirements of the Contract Documents. 14. Erosion Control. Monitor contractor's erosion control inspections and erosion control measures as required by the project SWPPP. 15. Substantial Completion. Promptly after notice from Contractor that Contractor considers the entire Work ready far its intended use, in company with Owner and Contractor, conduct an inspection to determine if the Work is Substantially Complete. If after considering any objections of Owner, Engineer considers the Work Substantially Complete, Engineer shall deliver a certificate of Substantial Completion to Owner and Contractor. 16. Punch List. Conduct pre-final inspection to prepare a punch list, and verify punch list corrections. 1.7. ~S'tccte Aid. Prepare State Aid payment request. 18. Final Notice of Acceptability of the Work. Conduct a final payment inspection with MN/DOT federal construction specialist to determine if the completed Work of Contractor is acceptable so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation. for final payment, Engineer shall also provide a notice in the form attached. hereto as Exhibit E ("Notice of Acceptability of Work"} that the Work is acceptable (subject to the provisions of paragraph A.1.O1.A.13.b} to the best of Engineer's knowledge, information, and belief and based on the extent of the services provided by Engineer under this Agreement. 19. Project Closeout. Prepare DCP project finalization package. Submit changes in construction status to Mn/DOT construction office, submit final package to Metro District State Aid Office, close out NPDES permit, and submit documentation for record drawings to Owner. A.1.03 Materials Testing A. Testing agency shall: 1. Testing Personnel. All. testing personnel shall be Mn/DOT certified. 2. Testing Procedure. Perform materials testing in accordance with Mn/DOT Schedule of Materials Control for all required materials. Page (of' I 1 Exhibit A -schedule of Engineer's Services EJCDC E-505 standard Form of Agreement Between Owner and Engineer f'or 1'rof'essionat Services -Task Order Edition Copyright «2004 National Society of Professional Engineers for EJCDC. All rights reserved. 3. Equipment. All testing equipment used by the Contractor will be calibrated at least once per year, or at the specified intervals, in accordance with the State's Laboratory, Bituminous, Concrete and Grading and Base Manuals. 4. Final Report. A final report will be complied that will include the following: a. Copies of certification cards for all testers on the project. b. A completed Mn/DOT materials certification exceptions summary form c. Completed grading and base report d. Completed IA report e. All moisture, density, CDP, Proctor, and gradation test results £ Concrete mix designs g. Weekly concrete reports h. Concrete test results i. Pile driving records 5. The Consultant will contact the District Independent Assurance Inspector and request an independent assurance reyirr~x~ fnr the tnrnja~t, This re~~ie~x~ play ~ie 11eC?SSa2'y fnr all testers and observers; at least one documented check of each tester and observer is required each year. The individual tester or observer may be required to perform the tests} in either the field or at the State's District Materials Laboratory. The tester is defined as the individual who actually ratlas the test. The observer is defined as tl~te inspector who watches the Consultant run the test. A.1.04 Surveying A. Surveyor shall perform Construction Surveying in accordance with Mn/DOT Statndard Specification 150$ and the following: 1. Control. Provide Control Surveying to set the horizontal and vertical control points in the field for the project as indicated in the plans from the chart labeled Horizontal and Vertical Control. 2. Coordinate the preservation of all reference points, monuments, control points, stakes, and marks that are established by City, State and others within the project limits. 3. All stakes, marks, working points, control points, etc., will be set according to the survey information included in the plan and control survey provided by the City. 4. Tragic Control. Furnish and install control devices according to the current Field Manual for Temporary Traffic Control Zone Layouts, (MN MUTCD), necessary to conduct surveying operations. Page 7 of 11 Exhibit A -Schedule of F;ngineer's Services EJCI)C E-50.5 Standard Farm of Agreement Between Owner and Engineer for Professional Services- Task Order Edition Copyright ~'200~ Natioual Society of Professional Engineers for F.JC~3C. All rights reserved. 5. Layout. Layout the working points as shown on the bridge plans. Working points shall be re-established on top of footing after footings are constructed. 6. Elevation Transfer. Transfer elevation information from the vertical control to the top of all finished substructures. 7. Superstructure. Transfer required points to the superstructure deck forming. 8. Construction Surveying Work Plan. The Consultant will submit to the Owner for approval. a written Construction Surveying Work Plan and Schedule detailing: • Pertinent information as to how the requirements in these specifications are being met by Contractor. • Items of Contract work that will require staking by the Consultant. • How each of these items will be staked, and how the field information stakes and marks will be made. • A project specific construction surveying work schedule far the construction surveying and how it relates to the time frame for construction activities and inspection needs. • A proposed method of communications between the construction contractor, Consultant and Owner. • How and when the Consultant will make delivery of the record drawing Survey Data to Owner's. y. hs-fiuiii Survey. Provide an as-bunt survey. A.1.05 Fo.si construction Phase A. Engineer shall: 1. Together with Owner, visit the Specific Project to observe any apparent defects in the Work, assist Owner in consultations and discussions with Contractor concerning a,firr('.itiC~in of any Suvl'a defects, and iiiake reComiuendationS aS t^v repiacelrient i)r correction. of Defective Work, if present. 2. In company with Owner or Owner's representative, provide an inspection of the Specific Project within one month before the end of the Correction Period to ascertain whether any portion of the Work is subject to correction. E. The Post-Construction Phase services may co„~mence during the Construction Phase and, if not otherwise modified in this Exhibit A, will terminate at the end of the Construction Contract's correction period. PART 2 -ADDITIONAL SERVICES Pagc 8 of 11 Exhibit A - Schednle of F,ngineer's services E.1C1)C E-505 Standard Form of Agreement IIetween Qwner and Engineer for Professional Services -Task Order Edition Copyright 02004 National society of Professional Engineers for E.1CDC. ~Oll rights reserved. A2.01 Additional Services Regz~iring Otit~ner's Authorization in Advance A. If authorized in writing by Owner, Engineer shall furnish or obtain from others Additional Services of the types listed below. These services will be paid for by Owner as indicated in a Task Order. 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 a Specific Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for a Specific Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of a Specific 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. 3. Services resulting from significant changes in the scope, extent, or character of the portions of a Specific Project designed or specified by Engineer of Record 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 P~egulations enaeted subsequent to the Effective Date of the Task Order or are due to any other causes beyond Engineer's c~nntrnl . 4. Services regtaired as a result of Owner's providing incomplete or incorrect project information with respect to Exhibit B. 5. Providing render°ings or models far Owner's use. 6. Undertaking investigations and studies including, but not limited to, detailed consideration of operations, maintenance, anal overhead expenses; tl~e preparation of feasibility studies, cash flow and economic evaluations, rate schedules, and appraisals; assistance in obtaining financing :for a Specific 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. 7. Furnishing services of Engineer's Consultants for other than Basic So_rvioes. 8. Services attributable to more prime construction contracts than specified in the Task Order. 9. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructability review requested by Owner; and performing or furnishing services required to revise studies, Page 9 of 11 Exhibit A -Schedule of Engineer's Services F.JCDC F.-505 Standard Farm of Agreement Between Owner and Engineer for Professional Services -Task Order Edition Copyright cc,20@4 i0'ationa{ Society of Prafessional Engineers far F,.iCllC. A{{ rights reserved. reports, Drawings, Specifications, or other Bidding DocluTlents as a result of such review processes. 10. Assistance in connection with Bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services. 11. Providing construction surveys and staking to enable a Contractor to perform its work other than as required under paragraph A.1.04, 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. 12. Providing Construction Phase services beyond the Contract Times set forth in paragraph A.l.O1.B. 13. Providing assistance in responding to the presence of any Constituent of Concern at any Site, in compliance with current Laws and Regulations. 14. Preparation of operation and maintenance manuals. 15. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration or other dispute resolution process related to a Specific Project. 16. Services in connection with Work Change Directives and Change Orders to reflect changes requested by Owner sa as to make the compensation commensurate with the extent of the Additional Services rendered. 17. 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 tl~e award of any Construction Agreement ira evaluating and determining the acceptability of a substitution which is found to be inappropriate for a Specific Project or an excessive number of substitutions. 18. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment, or energy shortages. 19. Additional or extended services during construction made necessary by (a) a significant amount of defective, neglected or delayed Work by a Contractor, or (b) default by a Contractor. 20. Services (other than Basic Services during the Post-Construction Phase) in connection with any partial utilization of any part of the Work on a Specific Project by Owner prior to its Substantial Completion. 21. Evaluating an unreasonable claim or an excessive number of claims or requests for information submitted by a Contractor or others in connection with the Work on a Specific Project. 22. Other services performed or furnished by Engineer not otherwise provided for in this Agreement or a Task Order. Page 10 of 11 Exhibit A -Schedule of Engineer's Services E3CDC E-i05 Standard Form of Agreement Between Owner and F,ngineer for Professional Services -Task Order Edition Copyright <<~20041V~ational Society of Professional Engineers for EdCI~C. AfI rights reserved. A.2.02 Additional Services Not Requiring Owner's Authorizcztiora zn Advance A. Engineer shall perform or furnish, without requesting or receiving specific advance authorization from Owner, the Additional Services of the types listed below. Engineer shall advise Owner in writing within thirty days after beginning any such. Additional Services. If Owner does not want Engineer to continue to perform or furnish the services, Owner shall notify Engineer in writing to cease, and Engineer shall comply. B. Additional or extended services during construction made necessary by (a) emergencies or acts of God endangering the Work, (b) the presence at the site of any Constituent of Concern, (c) Work damaged by fire or other cause during constriction, or (d) acceleration of the progress schedule involving services beyond normal working hours. C. Preparation for and attendance at public meetings. D. Meetings with public agencies other than the City of Columbia Heights, i.e. City of Hilltop, Independent School District No. 13. E. Preparation of project sign board and project newsletters. F. Modi#ications to signals, detaur plan including coordination with Mn/DOT. G. Design of additional project elements. Page 11 of 11 F,xhibit A - Schedule of Engineer's services EJCBC E-505 Standard Form of Agreement Between Owner and Engineer f©r Professions! Services -Task Order Edition Copyright ~J2004 National Society of I'rofessionai Engineers for EJCDC:. All rights reserved. This is EXHIBIT B, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated March 25, 2010. 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 project constraints, performance requirements, and any budgetary limitations; and furnish copies of all design and construction standards which Owner will require to be included in the construction; and fumisll copies of Owner's standard farms, conditions, and related documents for Engineer, when applicable. B. Furnish to Engineer any other available information pertinent to the Project including reports and data relative to current design, 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 the following: 1. Property descriptions. 2. Zoning, deed, and other 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 llydrographic 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. Page l of 2 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 F,ngineers for EJCDC. All rights reserved. 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 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 property 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. 1. Provide, as required for the Project: 1. Accounting, bond and financial advisory, independent cast estimating, and insurance counseling services. 2. Legal services with regard to issues pertaining to the Project 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. Public notices 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. Attend the pre-construction conferences, construction progress and other job related meetings, and Substantial Completion and final payment inspectio_n_s. L. Provide Engineer with the findings and reports generated by the entities providing services to Owner pursuant to this paragraph. Page 2 of'2 Pages (Exhibit R -Owner's Responsibilities) E.JCDC F,-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright n2002 National Society of Professional F,ngineexs for EJC:r)C. All rights reserved. This is EXHIBIT C, consisting of 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated March 25, 2010. 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 Engineering, Resident Project Representative and Post-Construction Basic Services -Standard Hourly Rates Method of Payment A. Owner shall pay Engineer for Engineering, Resident Project Representative and Post- Construction Basic Services 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 related Reimbursable Expenses and Engineer's Consultant's charges, if any. The total compensation under this Paragraph is estimated to be X229,967.00 based upon Contract Tirnes as set forth herein. B. Compensation For Reimbursable Expenses 1. For those Reimbursable Expenses that are not accounted for in the compensation for Basic Services under Paragraph C2.01, and are directly related to the services provided by the Engineer, Owner shall pay Engineer at the rates set forth in Appendix 1 to this Exhibit C. 2. Reimbursable Expenses include the following categories: transportation and subsistence incidental thereto; obtaining bids or proposals from Contractors}; providing and maintaining field office facilities including furnishings and utilities; subsistence and transportation of Resident Project Representative and assistants; toll telephone calls and mobile phone charges; reproduction of reports, Drawings, Specifications, Bidding Doctunents, 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. 3. The amounts payable to Engineer for Reimbursable Expenses, if any, will be those internal expenses related to the Engineer's Services that are actually incurred or allocated by Engineer, plus all invoiced external Reimbursable Expenses allocable to such services, the latter multiplied by a factor of 1.0. C. Other Provisions Concerning Payment 1. 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 1.0. Page 1 of 3 Pages F,xhibit C -Payments to F,ngineer for Services and Reimbursable Expenses Schedule EJCDC E-500 standard Form of Agreement Between awner and Engineer for Professional Services. Copyright ~rJ21)02 Nations! Society of Professional Engineers for EJCllC. All rights reserved. Sheet C-1 2. 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. 3. Estimated Compensation Amounts a. 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. b. 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 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. far 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. ~+. 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. 02.02 Compensation For Additional Services -Standard Hourly Rates Method of Payment A. Owner shall pay Engineer for Additional Services, if any, as follows: 1. General. For services of Engineer's employees engaged directly on the Project pursuant to Paragraph A2.01 or A2.02 of Exhibit A, except for services as a consultant or witness under Paragraph A2.O1.A.15, an ailciLir~t actual to the CL'a~iitziative hours charged to the Project by each class of Engineer's employees times Standard Hourly Rates for each applicable billing class for all Additional Services performed on the Project, plus related Reimbursable Expenses and Engineer's Consultant's charges, if any. B. Compensation For Reimbursable Expenses 1. For those Reimbursable Expenses that are not accounted for in the compensation for Basic Services under Paragraph C2.01 and are directly related to the provision of Additional Services, Owner shall pay Engineer at the rates set forth. in Appendix 1 to this Exhibit C. 2. 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 funlishings 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; Page 2 of 3 Pages Exhibit C -Payments to Engineer for Services and Reimbursable Expenses Schedule EJCI)C E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright n2002 National society of Professional Engineers for P~.)CI)C. All rights reserved. Sheet C-2 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. The amounts payable to Engineer for Reimbursable Expenses, if any, will be the Additional Services-related internal expenses actually incurred or allocated by Engineer, plus all invoiced external Reimbursable Expenses allocable to such Additional Services, the latter multiplied by a factor of 1.0. C. Other Provisions Concerning Payment For Additional Services 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 1.0. 2. 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. 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 3 of 3 Pages Exhibit C -Payments to Engineer for Services and Reimbursable Expenses Schedule F.JCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Sexvices. Copyright ~~2002 National Society of Professional Engineers for E.~ICDC. A!I rights reserved. Sheet C-3 This is Appendix 1 to EXHIBIT C, consisting of 1 page, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated March 25, 2010. Reimbursable Expenses Schedule Cun~ent agreements for engineering services stipulate that the Reimbursable Expenses are subject to review and adjustment per Exhibit C. Reimbursable expenses (copy/printing charges, plotting, mileage, delivery charges, faxes, etc.) will be charged as an office expense at 6.0% of the labor fee. Any subconsultant charges will be excluded from the office expense and will be passed directly to the Client with no Kimley-Horn markup. Reimbursable expenses not in the above paragraph include, but are not limited to: • Production of signs • Permit fees Page 1 of I Pages Exhibit C -Appendix 1 -- Reimbursable Expenses Schedule EJCDC F.-500 Standard Form of Agreement Between Owner and F,ngineer for Professional services. Copyright ~~>2002 National Society of Professional Engineers for EJCDC. All rights reserved. Sheet C-4 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 March 25, 2010. 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 January 1, 2011 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: For project specific persomlel, rates for these people are: Person Rate Jerry Pertzsch $ 145.00 Jon Horn $ 170.00 Matthew Jensen $ 130.00 Robert Schmidt $ 100.00 Eric Lindgren $ 93.00 Eeatriz Mendez Lora $ 140.00 Far other project personnel, rates for these personnel classifications are: Classification Rate Administrative Assistant $ 77.50 CADD Technician $ 80.00 Clerical $ 62.50 Client Manager $170.00 Drafter $ 60.00 Field Technician I $ 92.50 Field Technician II $100.00 Graduate Eng./Planner I $ 92.50 Graduate Eng./Planner II $102.50 Principal $190.00 Project Engineer/Planner $110.00 Page 1 of 2 Pages Exhibit C -Appendix 2 -Standard 1-burly Rates Schedule EJCDC E-500 standard Form of Agreement Between Owner and Engineer for Professional Services. CopyrighC ~>2002 Nations! Soc[ety of Professional Engineers for EJCDC. AIE rights reserved. Sheet C-t Project Manager Senior Administrative Assistant Senior CADD Technician Senior Designer Senior Field Technician Senior Project Manager $130.00 $ 95.00 $ 90.00 $110.00 $115.00 $145.00 Page 2 of 2 Pages Exhibit C -Appendix 2 -standard Hourly Rates Schedule E,ICllC E-500 standard Form of Agreement Between Owner and Engineer for Professional services. Copyright 02002 National society oi' Professional Engineers 4or EJCDC. All rights reserved. Sheet ('-2 This is EXHIBIT D, consisting of 5 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated March 25, 201.0. Responsibilities, and Limitations of Authority of Resident Project Representative Paragraph 1.O1.A of the Agreement is amended and supplemented to include the following agreement of the parties: D 1.01 Resident Project Representative A. Engineer shall furnish a Resident Project Representative ("RPR"), assistants, and other field staff to assist Engineer in observing progress and quality of the Work. The RPR, assistants, and other field staff under this Exhibit D may provide full time representation or may provide representation to a lesser degree. B. Through such additional observations of Contractor's work. in progress and field checks of materials and equipment by the RPR and assistants, Engineer shall endeavor to provide fizrther protection for Owner against defects and deficiencies in the Work. However, Engineer shall not, during stack visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over the 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, for any failure of Contractor to comply with T aws and Rogu1_atians applicable to Contractor's pe_rfonning and furnishing the Work, or responsibility for Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. In addition, the specif c terms set forth in section A.1.05 of Exhibit A of the Agreement are applicable. C. The duties and responsibilities of the RPR are as follows: General: RPR is Engineer's agent at the Site, will act as directed by and under the supervision. of Engineer, alzd will confer with Engineer regarding R's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Engineer and Contractor, keeping Owner advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. Page 1 of 5 Pages (Exhibit D -Resident Project Representative) EJCllC E-_500 standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02002 National Society of Professitroaf Engineers for EJCDC. Ail rights reserved. 4. Liaison: a. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent, assist in providing information regarding the intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on-Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specif cations and report such suggestions, together with RPR's recommendations, to Engineer. "fransmit to C.'ontractor in writing decisions as issued by Engineer. ~~. Rehiew of Work and Rejec°tion oaf Defeo°ti~re Work: a. Conduct on-Site observations of Contractor's work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. Page 2 of S Pages (Exhibit D -Resident Project Representative) EJCDC E-_500 Standard Form of Agreement Between Owner and Engineer far Professions! Services. Copyright ©2002 National society of Professions! Engineers for EJCDC. A!1 rights reserved. 9. Inspections, Tests, and System Sta~•tz~ps: a. Consult with Engineer in advance of scheduled major inspections, tests, and systems startups of important phases of the Work. b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. c. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Engineer. 10. Reviews: a. Perform daily reviews of constntction signing, detour signing, and construction traffic control maintenance. Notify contractor to take corrective action to observed deficiencies. Notify Owner's Project Manager in writing of the action taken. b. Perform reviews of temporary and permanent erosion control measures on the project for compliance with applicable permits and specifications. Keep a diary of reviews and recommendations made to the construction contractor for remedial action to be taken. 11. Records: a. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project-related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. c. Record names, addresses, fax numbers, e-mail. addresses, web site locations, and telephone numbers of all Contractors, subcontractors, and major suppliers of materials and equipment. d. Review construction contract submittals of record and reports including: weekly payroll; statement of wage compliance; requests for payment of materials on hand; or other reports and records as required for the project bythe State. Page 3 of 5 Pages (ExhibiC D -Resident Project Representative) EJCllC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02002 National Society of Professional Engineers for EJCllC. All rights reserved. e. Maintain records for use in preparing Project documentation. f. Documentation -prepare final project documentation in accordance with the Mn/DOT Constructio Manual. g. Document changes in plans and specifications for record drawing preparation. h. Upon completion of the Work, furnish original set of all RPR Project documentation to Engineer. 12. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Furnish to Engineer aild Owner copies of all inspection, test, and system start-up reports. d. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, damage to property by fire or other causes, or the discovery of any Constituent of Concern. . 13. Payment Requests: a. Prepare Applications for Payment with Contractor for compliance ~~ith the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. b. Final Payment Voucher - generate a draft final voucher and submit to City of Columbia Heights for review and approval. State's Project Manager will produce the Final Payment Voucher and Certificate of Final Acceptance. 14. Certificates, Operation and Maintenance Manuals: a. During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. Page 4 of 5 Pages (Exhibit D -Resident Project Representative) 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. 15. Completion: a. Participate in a Substantial Completion inspection, assist in the determination of Substantial Completion and the preparation. of lists of items to be completed or corrected. b. Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed and deficiencies to be remedied. c. Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work. D. Resident Project Representative shall not: 1. Atrthorize any deviation. from the Contract Documents or substitution of materials or equipment (including "or-equal" items}. 2. Exceed limitations of Engineer's authority as set forth in the Agreement or the Contract Documents. 3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's superintendent. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. ~. Advise oi'i, issue directions regarding, or assume control over Safety practices, precatitions, and programs in connection. with the activities or operations of Owner or Contractor. 6. Participate iii specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Project in whole or in part. Page 5 of 5 Pages (Exhibit D - liesident Project Representative) EJCllC 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 E, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated March 25, 2010. NOTICE OF ACCEPTABILITY OF WORK PROJECT: OWNER: OWNER'S CONSTRUCTION CONTRACT IDENTIFICATION: EFFECTIVE DATE OF THE CONSTRUCTION AGREEMENT: CONSTRUCTION CONTRACT DATE: ENGINEER: To: OWNER And To: CONTRACTOR From: ENGINEER The Engineer hereby gives notice to the above Owner and Contractor that the completed Work furnished and performed by Contractor under the above Contract is acceptable, expressly subject to the provisions of the related Contract Documents, the Agreement between Owner and Engineer for Professional Services dated T°e/Iarrh 25, 2010, and the terrrtc and. c..~nc~itinns set frJrth pn the reverse side oi'tlris Notice. By: Title: Dated: March 25, 2010 Page 1 of 2 Pages (Exhibit E -Notice of Acceptability of Work) -Attachment) ) EJCDC E-500 Standard Form of Agreement Between Owner and F,ngineer for Professional Services. Copyright ~5~2002 National Society of Professional Engineers for EJCDC. All rights reserved. (Reverse side of Notice) CONDITIONS OF NOTICE OF ACCEPTABILITY OF WORK The Notice of Acceptability of Work ("Notice") on the front side of this sheet is expressly made subject to the following terms and conditions to which all persons who receive said Notice and rely thereon agree: 1. This Notice is given with the skill and care ordinarily used by members of the engineering profession practicing under similar conditions at the same time anal in the same locality. ?. This Notice reflects and is an expression of the professional judgment of Engineer. 3. This Notice is given as to the best of Engineer's knowledge, information, and belief as of the date hereof. 4. This Notice is based entirely on and expressly limited by the scope of services Engineer has been employed by Owner to perform or furnish during construction of the Project (including observation of the Contractor's work) under Engineer's Agreement with Owner and under the Construction Contract referred to on the front side of this Notice, and applies only to facts that are within Engineer's knowledge or could reasonably have been ascertained by Engineer as a result of carrying out the responsibilities specifically assigned to Engineer under such Agreement and Construction Contract. 5. Tl1is Notice is not a guarantee or warranty of Contractor's performance under the Constriction Contract rcfcrrcd to ors the front side of this Notice, nor are assumption of responsibility for any failure of Contractor to furnish and perform the Work thereunder in accordance with the Contract Documents. Page 2 of 2 Pages (Exhibit E -Notice of Acceptability of Work) - Attachment I) E.ICDC 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. This is EXHIBIT G, consisting of 1 page, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated March 25, 2010. Insurance Paragraph 6.04 of the Agreement is amended and supplemented to include the following agreement of the parties. G.6.04 Insurance A. The limits of liability for the insurance required by paragraphs 6.04.A and 6.04.8 of the Agreement are as follows: 1. By Engineer: a. Workers' Compensation: Statutory b. Employer's Liability -- 1} Each Accident: $ 500,000 2) Disease, Policy Limit: $ 500,000 3) Disease, Each Employee: $ 500,000 e. General Liability -- 1) Each Occurrence (Bodily Injury and Property Damage): $ 1,000,000 2) General Aggregate: $ 2,000,000 d. Excess or Umbrella Liability -- 1) Each Occurrence: $ 1,000,000 2) General Aggregate: $ 1,000,000 e. Automobile Liability -- 1) Combined Single Limit (Bodily Injury and Property Damage): Each Accident $ 1,000,000 f. Professional Liability -- 1) Each Occurrence: 2) General Aggregate: $ 2,000,000 $ 2,000,000 Yage 1 of 1 Exhibit G -Insurance EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional services-Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. Ali rights reserved. This is EXHIBIT H, consisting of 1 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated March 25, 2010. Dispute Resolution Paragraph 6.08 of the Agreement is amended and supplemented to include the following agreement of the parties: H.6.08 Dispute Resolution A. 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, including any Task Order, or the breach thereof ("Disputes") to mediation in accordance with the Constriction Industry Mediation Rules of the American Arbitration Association as a condition precedent to litigation. If such mediation is unsuccessfizl 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. Page 1 of 1 Exhibit H -Dispute Resolution EJCDC I:-505 Standard Form of Agreement Between Owner and Engineer for Professional services-Task Order Edition Copyright ~~2004 National society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT I, consisting of 1 page, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated March 25, 2010. Allocation of Risks L6.10.A Limitation of Engineer's Liability I. Engineer's Liability Limited to Amount of Insurance Proceeds. Engineer shall procure and maintain insurance as required by and set forth in Exhibit G to this Agreement. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, the total liability, in the aggregate, of Engineer and Engineer's officers, directors, partners, employees, agents, and Engineer's Consultants, and any of them, to Owner and anyone claiming by, through, or under Owner for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to a Specific Project or Task Order, or this Agreement, from. any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, or breach of contract or warranty, express or implied, of Engineer or Engineer's officers, directors, partners, employees, agents, or Engineer's Consultants, or any of them (hereafter "Owner's Claims'"}, shall not exceed the total insurance proceeds paid an behalf of or to Engineer by Engineer's insurers in settlement or satisfaction of Owner's Claims under the terms and conditions of Engineer`s insurance policies applicable thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense, and appeal). 2. Exclusion ofSpecial, Incidental, Indirect, and Consequential Damages. To the fullest extent permitted by law, and notwithstanding any other provision in the Agreement, consistent with the terms of pal°agraph 6.10.E the Engineer and Engineer`s officers, directors, partners, employees, agents, and Consultants, or any of them, shall not be liable to Owner ar anyone claiming by, through, or under Owner far any special, incidental, indirect, or consequential damages whatsoever arising out of, resulting from, or in any way related to a Specific Project, rI'as_k_ Order, or this Agreement; from any cause or causes, including but not limited to any such damages caused by the negligence, professional errors or omissions, strict liability, breach of contract or warranties, express or implied, of Engineer or Engineer`s officers, directors, partners, employees, agents, or Engineer's Consultants, or any of them. Page 1 of 1 Exhibit I -Allocation of Risks EJCllC E-565 Standard Rorm of Agreement Between Owner and Engineer Professional Service.,-Task Order Edition Copyright «%2004 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT K, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated March 25, 2010. 1. Background Data: a. Effective Date of Task Order Agreement: b. Owner: c. Engineer: d. Specific 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 Times; for rendering Services ^ Modifications to other terms and conditions of the Task Order 3. Description of Modifications Attachment 1, "Modifications" [List other Attachments, if any] Page l of 2 Exhibit K- Amendment to Task Order F.JCDC E-SO standard Eonn of Agreement Between Owner and Engineer for Professional Services-Task Order Edition Copyright 5;200) National tiociety of Professional Engineers for EJCllC. All rights reserved. Owner and Engineer hereby agree to modify the above-referenced Task Order 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: By: By: Title: Title: Date Signed: Date Signed: Page 2 of 2 Exhibit K-Amendment to Task Order EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services-Task Order Edition Copyright ~~2004 National Society of Professional Engineers for EJCDC All rights reserved. This is Appendax 1 to EXHIBIT K, consisting of 1 page, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated March 25, 2010. Modifications [Include the following paragraphs that are appropriate and delete those not applicable to this amendment. Refer to paragraph numbers used in the Task Order, 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 czmendments.J Engineer shall perform the following Additional Services: 2. The Scope of Services currently authorized to be performed by Engineer in accordance with the Task Order and previous amendments, if any, is modified as follows: 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: I11e schedule for rendering services is modified as follows: 6. Other portions of the Task Order (including previous amendments, if any) are modified as follows: Page 1 of 1 Attachment 1 (Modifications) to Exhibit R -Amendment to Task Order EJCllC E-_505 Standard Eorm of Agreement Between Owner and Engineer for Professional Services-Task Order Edition Copyright X2004 iVational Society of Professional Engineers for EJCt)C. All rights reserved. ~~,~,/ ~~ CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDlYYYY) 6/1/2010 PRODUCER (770} 552-4225 FAX: Ames and Gough 450 Northridge Parkway 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 102 Atlanta GA 30350 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: LeXlrigton Insurance Company i Kimley-Horn and Associates, Inc. INSURERS P.O. BOX 33068 ___ ______ INSURER C. INSURER D: _________ Raleigh NC 27636 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVNTHSTANDING 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 OUCH POLICIES. AGGREGATE LIMITS SHOWN MAY NAVE BEEN REDUCED BY PAID CLAIMS. - - INSR LTR DD' NSR TYPE OF INSURANCE I I POLICY NUMBER I POLICY EFFECTIVE !DATE MM/DD/YYYY 'POLICY EXPIRATION DATE MM/DDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ ~ D ASE T~RENTE COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ _ CLAIMS MADE ~, I OCCUR MED EXP (Any one person} __________ $ - - -- -- PERSONAL & ADV INJURY $ _,__ ~ I i GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: ~ PRODUCTS -COMP/OP AGG ...._-_- $ PRO- ~ ~ I POLICY LOC AU TOMOBILE LIABILITY ANY AUTO I COMBINED SINGLE LIMIT (Ea accident} $ I J ALL OVvNED AUTOS _ ~ I BODILY INJURY (Per person) $ Y~l SCHEDULED AUTOS I ~'------ - --- ---- -_~ .._._..__~ HIRED AUTOS NON-OWNED AUTOS i ( ~ BODILY INJURY (Per accdent} ( ~ __-~~- ~- $ ~ I nn n r OPEP P TY S~ A E , ,. .,,, .~ ., P id $ ( er acc ent} ( GARAGE LIABILITY ( AUTO ONLY - EA ACCIDENT - $ i ANY AUTO _ -- - OTHER THAN EA ACC - $ I I , ( - - --- AUTO ONLY: AGG $ i I EXCESS! UMBRELLA LIABILITY _ _ _ - 1 .._- - --------- - EACH OCCURRENCE i $ ' I I I -... . ' OCCUR CLAIMS MADE -.. _ I i I t AGGREGATE ~ _ ._-___----- ' $ -- $ _ i DEDUCTIBLE i i I I .- ,--- - , $ -.----._ ......-- - RETENTION $ $ WORKERS COMPENSATION I I I I WC STgTIJ_ I i 0TH-I I AND EMPLOYERS' LIABILITY i TORY LIMIT$...L._~_~R y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ^ E.L EACH ACCIDENT ~ $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) -- EL DISEASE - EA EMPLOYES ~-- --~ $ If yes, describe under ~ I ! --- ~~ ~~ --~~.---~ --- -- SPECIAL PROVISIONS below E.L DISEASE -POLICY LIMIT $ A oTHERProfessional 14273592 1 12/9/2009 ~ 12/9/2010 ~ Per c>_aim $2,000,000 Liabilit Y ` I I Aggregate $2 , 000 , 000 DESCRIPTION OF OPERATIONSI LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS Re: Project - Gateway Pedestrian Bridge CERTIFICATE HOLDER CANCELLATION City of Columbia Heights Kevin Hansen 637 38th Avenue NE Columbia Heights, MN 55421 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 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 AUTHORIZED REPRESENTATIVE ~Iatias Ormaza/NOYOLA ACORD 25 (2009/01 } ©1988-2009 ACORD CORPORATION. All rights reserved. INS025 (2ooso>> The ACORD name and Togo are registered marks of ACORD ACORt~~ CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDD1YYri) a6/o1/2a1a PRODUCER (904) 396-4404 ABERCROMHIE INSURANCE AGENCY, INC. P. O. BOX 5857 THIS CERTIFICATE 15 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. JACKSONVILLE FL 32247-5857 INSURERS AFFORDING COVERAGE NAIC# twsuREO INSURERA TRAVELERS PROP CASUALTY 25674 RIMLEY-HORN AND ASSOCIATES, INC. INSURERB.COMPANY OF AMERICA P.O. BOX 33x68 INSURERC (A M BEST RATING A+} INSURER 0: RALEIGH NC 27636-3068 INSURER E' [.llV FKOI iF\ THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING RNY 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 HERE{N 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD't INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM1DDtYY POLICY EXPIRATION DATE MMIDD/YY LIMITS A GENERAL LIABitlri P-630-315X3476-TCT-09 09/01/2009 09/01/2010 EACH OCCURRENCE _ $ 1, OOO, OO4 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence} $ $00,000 CLAIMS MADEOCCUR / / / / MEDE.XP An one arson $ 5,000 X CONTRACTUAL LZAH PERSONAL&ADVMJURY $ 1,OOOeoaa / / / / GENERALAGGREGATE $ 2, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMPIOP AGG $ 2 e 000 , 0 OO X POLICY JECT LOC / / / / A AU TOMOBILE LIABILITY P°810-172L6115-ZND-O9 09/OI/2009 09/01/2010 COMBINER SINGLE UMfT OOO 5 1 OO0 X ANY AUTO {E6 accident} , , ALL OYvNEO AUTOS / / / / BODILY ENJURY SCHEDULED AUTOS (Per Person) $ X HIRED AUTOS / / / / 800ILY INJURY _ NUN-OWNEDAU'165 (Pa. s~iasnt) $ ~- I / / / / PROPERTY DAMA GE $ (Per sccitlern) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTC / / / / OTHER THAN EA ACC S AUTO ONLY AGG $ A. EXCESS/UMBRELLALIABILITY CUP-I71L611S-TZL-03 09/01/2009 09/41/2010 EACH OCCVRRENCE $ 1, 000, OOO X OCCUR ^ CLAIMS MADE AGGREGATE $ 1~® OOO, OOO $ DEDUCTIBLE ~i~{(r`i°s uSS QR ~.~, A~JT~, GL / / f / ( P 1 $ X RETENTION $ 10, 000 $ A WORXERSCOMPENSATEONAND EMPLOYERS' LIA6ILPTY 636G6~8-3-09 09/01/2009 0$j01/2014 X ToRVUMITS oTR ANY PROPRIETORlPARTNERlGCECUTIVE E.L. EACH ACCIDENT $ 500 , 000 OFRCERlMEMBER EXCLUDED / / / / -- SOD if yes tlescribe under E. L. DISEASE-EA EMPLOYEE , OOO $ , SPECIAL PROVISIONSbetrnv E. L. DISEASE-POLICY LIMIT $ 500,000 OTHER / / / / / / / / / / / / DESCRIPTION OF OPERATICNSfLOCATSCNSIVEHICLESiEXCLUSiONS ADDED BY ENDORSEMEHTfSPECiAt PROVi$iONS PROJECT: GATEWAY PEDESTRIAN BRIDGE. ~.wc I IrI~.Ya 1 c nvL.ucrc GANGE~LATION ( } - ~ ~ - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE KEVIN FiA3QSEN EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE 70 THE CERTIflCATE HOLDER NAMED TO THE LEFT, BUT CITY DF COLUMBIA T4EIGHTS FAN.URE~TyO DO SO SHALL IMPOSE N~BUOATION OR LU\SILITY pF AMY KIND UPON THE 637 3$TH AVENUE N.E. IN8[iRCb ~-nencurenoocooca~cL,~ervcc COLUMHIA HEIGHTS MN 55421- ~ ACORD ZS (2001!08} ACORD CORPORATION 1888 INS025 (oios}.oa Paga t o12 This is EXHIBIT K, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated March 25, 2010. Supplemental Agreement No. 1 1. Background Data: a. Effective Date of Owner- Engineer Agreement: March 25, 2010 b. Owner: City of Columbia Heights c. Engineer: Kimley -Horn and Associates, Inc. d. Specific Project: Gateway Pedestrian Bridge over TH 65 2. Nature of Amendment Q Additional Services to be perfottned by Engineer Q Modifications to Services of Engineer Q Modifications to Payment to Engineer Q Modifications to Time for rendering Services 3. Description of Modifications Appendix 1, "Modifications" lists the modifications to the agreement. Page 1 of 2 Exhibit I( – Amendment to Task Order EJCDC E -505 Standard Form of Agreement Between Owner and Engineer for Professional Services —Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. Owner and Engineer hereby agree to modify the above- referenced Owner- Engineer 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 is March 17, 2011. OWNER r x I ENGINEER: r -- ---- - By: t . „°'''� ' . � � ?��• ) By: i NI Title: 0.----) Title: ° CL r J°( .' 7 Date Date Signed: c ) I Signed: 3 f io /i By: Z..• Title: ( r '�, (, ,' / ( ' ., � r Date Signed: 3 i / 1,9.c / Page 2 of 2 Exhibit K — Amendment to Task Order EJCDC E -505 Standard Form of Agreement Between Owner and Engineer for Professional Services —Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. This is Appendix 1 to EXHIBIT K, consisting of 1 page, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated March 25, 2010. Modifications 1. 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: A. Provide construction administration services beyond the dates of substantial completion of September 3, 2010 and final completion of October 29, 2010 as stipulated in the original construction contract. B. Coordinate and obtain approvals from Mn/DOT and Xcel Energy C. Provide additional material testing due to poor soils at the helix and additional concrete pours. D. Review design issues and coordinate design modifications with the project designer. 2. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: Owner shall pay the Engineer in accordance with the Agreement, with the maximum compensation in Exhibit C, being increased from $229,967.00 to $269,878.00. 3. The schedule for rendering services is modified as follows: Based upon the final completion of construction by June 15, 2011, the construction administration services are anticipated to be completed by July 31, 2011. Page 1 of 1 Attachment 1 (Modifications) to Exhibit K – Amendment to Task Order EJCDC E -505 Standard Form of Agreement Between Owner and Engineer for Professional Services —Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT K, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated March 25, 2010. Supplemental Agreement No. 1 1. Background Data: a. Effective Date of Owner- Engineer Agreement: March 25, 2010 b. Owner: City of Columbia Heights c. Engineer: Kimley -Horn and Associates, Inc. d. Specific Project: Gateway Pedestrian Bridge over TH 65 2. Nature of Amendment El Additional Services to be performed by Engineer Q Modifications to Services of Engineer Q Modifications to Payment to Engineer Q Modifications to Time for rendering Services 3. Description of Modifications Appendix 1, "Modifications" lists the modifications to the agreement. Page 1 of 2 Exhibit K — Amendment to Task Order EJCDC E -505 Standard Form of Agreement Between Owner and Engineer for Professional Services —Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. Owner and Engineer hereby agree to modify the above - referenced Owner - Engineer 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 4' ; ndment is March 17, 2011. OWNE : ENGINEER: By: - Title: C �l (). J Title: / VC/. 4 Date Date Signed: 3 dl 1 I Signed: %fo % /;/., By: _/� i Title: 6 'I 2G I �l / Date Signed: 3 / a0 // Page 2 of 2 Exhibit K – Amendment to Task Order EJCDC E -505 Standard Form of Agreement Between Owner and Engineer for Professional Services —Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. This is Appendix 1 to EXHIBIT K, consisting of 1 page, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated March 25, 2010. Modifications 1. 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: A. Provide construction administration services beyond the dates of substantial completion of September 3, 2010 and final completion of October 29, 2010 as stipulated in the original construction contract. B. Coordinate and obtain approvals from Mn/DOT and Xcel Energy C. Provide additional material testing due to poor soils at the helix and additional concrete pours. D. Review design issues and coordinate design modifications with the project designer. 2. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: Owner shall pay the Engineer in accordance with the Agreement, with the maximum compensation in Exhibit C, being increased from $229,967.00 to $269,878.00. 3. The schedule for rendering services is modified as follows: Based upon the final completion of construction by June 15, 2011, the construction administration services are anticipated to be completed by July 31, 2011. Pa 1 of 1 Attachment 1 (Modifications) to Exhibit K — Amendment to Task Order EJCDC E -505 Standard Form of Agreement Between Owner and Engineer for Professional Services —Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT K, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated March 25, 2010. Supplemental Agreement No. 2 1. Background Data: a. Effective Date of Owner- Engineer Agreement: March 25, 2010 b. Owner: City of Columbia Heights c. Engineer: Kimley -Horn and Associates, Inc. d. Specific Project: Gateway Pedestrian Bridge over TH 65 2. Nature of Amendment Q Additional Services to be performed by Engineer Q Modifications to Services of Engineer • Modifications to Payment to Engineer ❑ Modifications to Time for rendering Services 3. Description of Modifications Appendix 1, "Modifications" lists the modifications to the agreement. Pa 1 of 2 Exhibit K – Amendment to Task Order EJCDC E -505 Standard Form of Agreement Between Owner and Engineer for Professional Services —Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. Owner and Engineer hereby agree to modify the above - referenced Owner - Engineer 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 March 17, 2011. OWNER: NGINEER: wry /�By: —; s /1/ . -�, y . _ �_. Title: " /� ���� �� l %�i° Title: Date Date Signed: ' j //' /� Signed: Page 2 of 2 Exhibit K — Amendment to Task Order EJCDC E -505 Standard Form of Agreement Between Owner and Engineer for Professional Services —Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. This is Appendix 1 to EXHIBIT K, consisting of 1 page, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated March 25, 2010. Modifications 1. 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: A. Prepare layouts for a new right turn lane on eastbound 49 Avenue at Central Avenue; and B. Investigate and prepare drawings for pedestrian routing movements and limiting access utilizing landscaping, railings, lighting and signage; and prepare drawings for additional bridge signage. 2. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: Owner shall pay the Engineer in accordance with the Agreement, with the maximum compensation not to exceed $13,950. Page 1 of 1 Attachment 1 (Modifications) to Exhibit K – Amendment to Task Order EJCDC E -505 Standard Form of Agreement Between Owner and Engineer for Professional Services —Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved.