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2017-2749
2016-2749 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES 0 A,Ai NC, : CouN'Cif or Frajx%Lxwc Comv.4"w� -ASCE EJCDC" E-500, Agreement Between Owner and Engineer for Professional Services. Copyright Q 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. This Agreement has been prepared for use with EJCDCw C-700, Standard General Conditions ofthe Construction Contract, 2D13 Edition. Their provisions ansinternelated,andachengeinonernaynecemsdateachan8einthemther For guidance on the completion and use of this Agreement, see E]CDCO E-001, Commentary on the BCDC Engineering Services Agreements, 20I3 Edition. Copyright @2U14: National Society of Professional Engineers 1420 King Street, Alexandria, VA22314-2794 (7O3) 684-28Q2 American Council of Engineering Companies 1U1S15th Street N.VV., Washington, UC2OOOS (2O2)347-7474 American Society of Civil Engineers 18O1 Alexander Bell Drive, Reston, \A2O191'44DO (800) 548-2723 The copyright for this BCDCdocument is owned jointly by the three sponsoring organizations listed above. The National Society ofProfessional Engineers is the Copyright Administrator for the E][DC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at or from any of the sponsoring organizations above, 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 ............................................................................................................ ............................... 2 4.02 Payments .......................................................................................................... ..............................2 ARTICLE5— OPINIONS OF COST ........................................................................................... ............................... 3 5.01 Opinions of Probable Construction Cost ...........................„........................... ............................... 3 5.02 Designing to Construction Cost Limit ............................................................. ............................... 3 5.03 Opinions of Total Project Costs ...................................................................... ............................... 3 ARTICLE 6 —GENERAL CONSIDERATIONS ............................................................................ ............................... 3 6.01 Standards of Performance .............................................................................. ............................... 3 6.02 Design Without Construction Phase Services ................................................ ............................... 5 6.03 Use of Documents ........................................................................................... ............................... 6 6.04 Electronic Transmittals ................................................................................... ............................... 6 6.05 Insurance ......................................................................................................... ............................... 7 6.06 Suspension and Termination .......................................................................... ............................... 8 6.07 Controlling Law ............................................................................................... ............................... 9 6.08 Successors, Assigns, and Beneficiaries ........................................................... ............................... 9 6.09 Dispute Resol ution .......................................................................................... .............................10 6.10 Environmental Condition of Site .................................................................... .............................10 6.11 Indemnification and Mutual Waiver .............................................................. .............................11 6.12 Records Retention .......................................................................................... .............................12 6.13 Miscellaneous Provisions ................................................................................ .............................12 ARTICLE7— DEFINITIONS ................................................................................................... ............<.................. 12 7.01 Defined Terms., ................... ....... __ ......... ................................... — ................. _ ........ ............... 12 ARTICLE 8 — EXHIBITS AND SPECIAL PROVISION S ............................................................... ..............................1 8.01 Exhibits Included ............................................................................................. .............................16 8.02 Total Agreement: .... ...... __ .............................. __ ..................... ......................... ...... __ .......... 17 8.03 Designated Representatives: ................................................... _ ............... _ ................................. 17 8.04 Engineer's Certifications: ............................................................................................................. 17 EJCDC' ON Society and American of c AGREEMENT .*O'ETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS ISAN AGREEMENT effective asof October 24, 2016 ("8ffectiveQate") between City of Columbia ("Ovvner") amd Short Elliot Hendrickson, Inc. ("Engineer"). owner's Project, of which Engineer's services under this Agreement are a part, bgenerally identified as follows: Central Avenue Safety Improvements, Project 1608 Other terms used in this Agreement are defined in Article 7. Engineer's services under this Agreement are generally identified as follows: Provide engineering design and construction administration for Central Avenue safety improvements. Owner and Engineer furtheragreeeefdk)vvs: 1.01 Scope A. Engineer shall provide, or cause to be provided, the services set forth herein and inExhibitA. 2J01 General A. Owner shall have the responsibilities set forth herein and in Exhibit 8- B. owner shall pay Engineer as set forth in Article 4,Exhibit C, and proposal dated Og/28/16. C. Owner shall be responsible forall requirements and instructions that itfurnishesto Engineer pursuant to this Agreement, and for the accuracy and completeness of all programs, reports, data, and other information furnished by Owner to Engineer pursuant to this Agreement. Engineer may use and rely upon such requirements, programs, instructions, reports, data, and information in performing orfurnishing services under this Agreement, subject to any express limitations or reservations applicable to the furnished items. D. Owner shall give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of: any development that affects the scope or time of performance of Engineer's services; 2. the presence at the Site of any Constituent of Concern; or EJcoCOE-500 Agreement Between owner and Engineer for Professional Services. Copyright C 2014 National Socliety of Professional Engineers, American council of Engineering Companies, and American Society cf Civil Engineers. All rights reserved. Page I any relevant, material defect or nonconformance in: (a) Engineer's services, (b) the Work, (c) the performance of any Constructor, or (d) Owner's performance of its responsibilities under this Agreement. 3.01 Commencement A. Engineer is authorized to begin rendering services as of the Effective Date. 3.02 Time for Completion A. Engineer shall complete its obligations within a reasonable time. Specific periods of time for rendering services, 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 or Engineers services, 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, as its sole remedy, to the recovery of direct damages, if any, resulting from such failure. UIPTJMMM� A. Preparation and Submittal of Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and the terms of Exhibit C. Engineer shall submit its invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. 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: L amounts due Engineer will be increased at the rate of 1.0% per month (or the maximui rate • interest permitted by law, if less) from said thirtieth day; and EICOCO E-500, Agreement Between Owner and Engineer for Professional Services. Copyright Q 2014 National Society • Professional Engineers, American Council of Engineering Companies, an4 American Society of Civil Engineers. All rights reserved. Page 2 2. Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until Owner has paid in full all amounts due for services, expenses, and other related charges. Owner waives any and all claims against Engineer for any such suspension. C. Disputed Invoices: if Owner disputes an invoice, either as to amount or entitlement, then Owner shall promptly advise Engineer in writing of the specific basis for doing so, may withhold only that portion so disputed, and must pay the undisputed portion subject to the terms of Paragraph 4.01. D. Sales or Use Taxes: If after the Effective Date any governmental entity takes a legislative action that imposes additional sales or use taxes on Engineer's services or compensation under this Agreement, then Engineer may invoice such additional sales or use taxes for reimbursement by Owner. Owner shall reimburse Engineer for the cost of such invoiced additional sales or use taxes; such reimbursement shall be in addition to the compensation to which Engineer is entitled under the terms of Exhibit C. •. • • • 5.01 Opinions of Probable Construction Cost A. Engineer's opinions (if any) of probable Construction Cost are to be made on the basis of Engineer's experience, qualifications, and general familiarity with the construction industry. However, because Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors' methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by Engineer. If Owner requires greater assurance as to probable Construction Cost, then Owner agrees to obtain an independent cost estimate. 5.02 Designing to Construction Cost Limit A. If a Construction Cost limit is established between Owner and Engineer, such Construction Cost limit and a statement of Engineer's rights and responsibilities with respect thereto will be specifically set forth in Exhibit F to this Agreement. 5.03 Opinions of Total Project Costs A. The services, if any, of Engineer with respect to Total Project Costs shall be limited to assisting the Owner in tabulating the various categories that comprise Total Project Costs. Engineer assumes no responsibility for the accuracy of any opinions of Total Project Costs. 6.01 Standards of Performance A. Standard of Care: 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 EJCDC6 E -500, Agreement Between owner and Engineer for Professional Services. Copyright 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 implied, under this Agreement or otherwise, in connection with any services performed or furnished by Engineer. B. Technical Accuracy: Owner shall not be responsible for discovering deficiencies in the technical accuracy of Engineer's services. Engineer shall correct deficiencies in technical accuracy without additional compensation, unless such corrective action is directly attributable to deficiencies in Owner-furnished information. C. Consultants: Engineer may retain 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. Reliance on Others: Subject to the standard of care set forth in Paragraph 6.01.A, Engineer and its Consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. E. Compliance with Laws and Regulations, and Policies and Procedures: 1. Engineer and Owner shall comply with applicable Laws and Regulations. 2. Engineer shall comply with any and all policies, procedures, and instructions of Ownerthat are applicable to Engineer's performance of services under this Agreement and that Owner provides to Engineer in writing, subject to the standard of care set forth in Paragraph 6.01.A, and to the extent compliance is not inconsistent with professional practice requirements. 3. This Agreement is based • Laws and Regulations and Owner-provided written polici and procedures as of the Effective Date. The following may be the basis fi modifications to Owner's responsibilities • to Engineer's scope • services, times performance, • compensation: I • the receipt by Engineer after the Effective Date • Owner-provided written policies and procedures; c. changes after the Effective Date to Owner-provided written policies or procedures. F. Engineer shall not be required to sign any document, 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 document. G. The general conditions for any construction contract documents prepared hereunder are to be EJCDCO C-700 "Standard General Conditions • the Construction Contract" (2013 Edition), prepared by the Engineers Joint Contract Documents Committee, unless expressly indicated otherwise in Exhibit J or elsewhere in this Agreement. EJCDCII E-500, Agreement Between Owner and Engineer for Professional Services. Copyright Q 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society • Civil Engineers. All rights reserved. Page 4 H, Engineer shall not at any time supervise, direct, control, or have authority over any Constructor's work, nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, or the safety precautions and programs incident thereto, for security or safety at the Site, nor for any failure of a Constructor to comply with Laws and Regulations applicable to that Constructor's furnishing and performing of its work. Engineer shall not be responsible for the acts or omissions of any Constructor. 1. Engineer neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor's, failure to furnish and perform the Work in accordance with the Construction Contract Documents. J. Engineer shall not be responsible for any decision made regarding the Construction Contract Documents, or any application, interpretation, clarification, or modification of the Construction Contract Documents, other than those made by Engineer or its Consultants. K. Engineer is not required to provide and does not have any responsibility for surety bonding or insurance - related advice, recommendations, counseling, or research, or enforcement of construction insurance or surety bonding requirements. L. Engineer's services do not include providing legal advice or representation. M. Engineer's services do not include (1) serving as a "municipal advisor" for purposes of the registration requirements of Section 975 of the Dodd -Frank Wall Street Reform and Consumer Protection Act (2010) or the municipal advisor registration rules issued by the Securities and Exchange Commission, or (2) advising Owner, or any municipal entity or other person or entity, regarding municipal financial products or the issuance of municipal securities, including advice with respect to the structure, timing, terms, or other similar matters concerning such products or issuances. N. While at the Site, Engineer, its Consultants, and their employees and representatives shall comply with the applicable requirements of Contractor's and Owner's safety programs of which Engineer has been informed in writing. 5.02 Design Without Construction Phase Services A. Engineer shall be responsible only for those Construction Phase services expressly required of Engineer in Exhibit A, Paragraph A1.05. With the exception of such expressly required services, Engineer shall have no design, Shop Drawing review, or other obligations during construction, and Owner assumes all responsibility for the application and interpretation of the Construction Contract Documents, review and response to Contractor claims, Construction Contract administration, processing of Change Orders and submittals, revisions to the Construction Contract Documents during construction, construction observation and review, review of Contractor's payment applications, and all other necessary Construction Phase administrative, engineering, and professional services. Owner waives all claims against the Engineer that may be connected in any way to Construction Phase administrative, engineering, or professional services except for those services that are expressly required of Engineer in Exhibit A. EJCDC4 E -500, Agreement Between owner and Engineer for professional Services. Copyright d 2014 National Society of professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. page 5 A. All Documents are instruments of service, 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. B. If Engineer is required to prepare or furnish Drawings or Specifications under this Agreement, Engineer shall deliver to owner at least one original printed record version of such Drawings and Specifications, signed and sealed according to applicable Laws and Regulations. C. Owner may make and retain copies of Documents for information and reference in connection with the use of the Documents on the Project. Engineer grants Owner a limited license to use the Documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment due and owing for all services relating to preparation of the Documents, and subject to the following limitations: (1) Owner acknowledges that such Documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; (2) any such use or reuse, or any modification of the Documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and Consultants; (3) Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification of the Documents without written verification, completion, or adaptation by Engineer; and (4) such limited license to owner shall not create any rights in third parties. A. Owner and Engineer may transmit, and shall accept, Project-related correspondence, Documents, text, data, drawings, information, and graphics, in electronic media • digital format, either directly, or through access to a secure Project website, in accordanc- .• - protocol. B. If this Agreement does not establish protocols for electronic or digital transmittals, then Owner and Engineer shall jointly develop such protocols. C. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient's use of software application packages, operating systems, or computer hardware differing from those used in the drafting • transmittal • the items, • from those established in applicable transmittal protocols. EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services. Copyright Q 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. page I GlB Insurance A. Engineer shall procure and maintain insurance as set forth in Exhibit G, Engineer shall cause Owner to be listed as an additional insured on any applicable general liability insurance policy carried bvEngineer. B. Owner shall procure and maintain insurance as set forth in Exhibit G. Owner shall cause Engineer and its Consultants to be listed as additional insureds on any general |kabY|bx policies carried by Owner, which are applicable to the Project. C. Owner shall require Contractor to purchase and maintain policies of insurance covering workers' compensation, genera( liability, motor vehicle damage and injuries, and other insurance necessary to protect Owner's and Engine&s interests in the Project. Owner shall require Contractor to cause Engineer and its Consultants to be listed as additional insureds with respect to such liability insurance purchased and maintained by Contractor for the Project. O. Owner and Engineer shall each deliver to the other certificates of insurance evidencing the coverages indicated in Exhibit G. Such certificates shall be furnished prior to commencement of Engineer's services and at msnexva|e thereafter during the life of the Agreement. E. All policies of property insurance relating to the Project, including but not limited to any builder's risk po|icy, shall allow for waiver ofsubrogation rights and contain provisions to the effect that in the event of payment of any loss or damage the insurers will have nmrights of recovery against any insured thereunder or against Engineer or its Consultants. Owner and Engineer waive all rights against each other, Contractor, the Consultants, and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by any builder's risk policy and any other property insurance relating to the Project. Owner and Engineer shall take appropriate measures in other Project-related contracts to secure waivers of rights consistent with those set forth in this paragraph. F. All policies qf insurance shall contain a provision or endorsement that the coverage afforded will not becanceled or reduced in limits by endorsement, and that renewal will not be refused, until at least 10 days prior written notice has been given tothe primary insured. Upon receipt of such notice, the receiving party shall promptly forward a copy of the notice 10 the other party to this Agreement. G. At any time, Owner may request that Engineer or its Consultants, at Owner's sole expense, provide additional insurance coverage, increased limits, or revised deductibles that are more protective than those specified in Exhibit G. if so requested by Owner, and if commercially available, Engineer shall obtain and shall require its Consultants to obtain such additional insurance coverage, different limits, or revised deductibles for such periods of time as requested by Owner, and Exhibit will be supplemented to incorporate these requirements. EJcmC41s-50oAgreement Between Owner and Engineer for Professional Services. Copyright 2014 National Society of Professional Engineers, American cGU^d\of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 9y Owner. Owner may suspend the Project for up to •0 days upon seven days written -iotice to Engineer. 2. By Engineer. Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement if Owner has failed to pay Engineer for invoiced services and expenses, as set forth in Paragraph 4.02.13, or in response to the presence of Constituents of Concern at the Site, as set forth in Paragraph 6.10.1). B. Termination: The obligation to provide further services under this Agreement may be teritirated: 1. For cause, a. by either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no tuft of the terminating party. b. by Engineer: 1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional; • 2) upon seven days written notice if the Engineer's services for the Project are delayed • suspended for more than •0 days for reasons beyond Engineer's control, or as the result of the presence at the Site of undisclosed Constituents of Concern, as set forth in Paragraph 6.10. D. LIG C. Effective Date of Termination: The terminating party under Paragraph 6.06,13 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 IEJCDCO E-500, Agreement Between Owner and Engineer for Professional Services. Copyright 0 2014 NaVional Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly flies. D. Payments Upon Termination: in the event of any termination under Paragraph 6.06, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement 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. 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 6.06.13.1, to invoice Owner and receive payment of a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with Engineer's Consultants, and other related close -out costs, using methods and rates for Additional Services as set forth in Exhibit C. 6.07 Controlling Law A. This Agreement is to be governed by the Laws and Regulations of the state in which the Project is located. 6.08 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 6.08.8 the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the 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, money that is due or may become due) in this Agreement without the written consent of the other party, except to the extent that any assignment, subletting, or transfer is mandated by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise 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 Constructor, other third -party individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. EJCDC® E -500, Agreement Between owner and Engineer for Professional services. Copyright © 2014 National society of Professional Engineers, American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page 9 I . 1 111111111111111111111111111 111111111111 '. .. .4 a C 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 at law, B. If the parties fail to resolve a dispute through negotiation under Paragraph 6.09.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 at law. 6.10 Environmental Condition of Site A. Owner represents to Engineer that as of the Effective Date to the best of Owner's knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at or adjacent to the Site. If Engineer encounters or teams • an undisclosed Constituent of Concern at the Site, then Engineer shall notify (1) Owner and (2) appropriate governmental officials if Engineer reasonably concludes that doing so is required • applicable Laws or Regulations. C. It is acknowledged by both parties that Engineer's scope of services does not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals an undisclosed Constituent of Concern, then Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action. E. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineer's services under this Agreement, then the Engineer shall have the option of (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause on seven days notice. EJCDL- E-500, Agreement Between Owner and Engineer for Professional services. Copyright Q 2014 National Society of Professional Engineers, American Council of Engineerling Companies, and American Society of Civil Engineers. All rights reserved. Page 6.11 indemnification and Mutual Waiver A. Indemnification by Engineer. To the fullest extent permitted by Laws and Regulations, Engineer shall indemnify and hold harmless Owner, and Owner's officers, directors, members, partners, agents, consultants, and employees, from losses, damages, and judgments (including reasonable consultants' and attorneys' fees and expenses) arising from third -party claims or actions relating to the Project, provided that any such claim, action, loss, damages, or judgment 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, members, partners, agents, employees, or Consultants. This indemnification provision is subject to and limited by the provisions, if any, agreed to by Owner and Engineer in Exhibit 1, "Limitations of Liability." B. Indemnification by Owner. Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants as required by Laws and Regulations and to the extent (if any) required in Exhibit 1, "Limitations of Liability." C. Environmental indemnification: To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from all claims, costs, losses, damages, actions, and judgments (including reasonable consultants' and attorneys fees and expenses) caused by, arising out of, relating to, or resulting from a Constituent of Concern at, on, or under the Site, provided that (1) any such claim, cost, loss, damages, action, or judgment 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 (2) nothing in this paragraph shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willful misconduct. D. No Defense Obligation: The indemnification commitments in this Agreement do not include a defense obligation by the indemnitor unless such obligation is expressly stated. E. Percentage Share of Negligence: To the fullest extent permitted by Laws and Regulations, a party's total liability to the other parry 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. F. Mutual Waiver: To the fullest extent permitted by Laws and Regulations, Owner and Engineer waive against each other, and the other's employees, officers, directors, members, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to this Agreement or the Project, from any cause or causes. EICDCO E -500, Agreement Between owner and Engineer for Professional Services. Copyright Q 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 6.12 Records Retention A. Engineer shall maintain on file in legible form, for a period of five years following completion or termination of its services, all Documents, records (including cost records), and design calculations related to Engineer's services or pertineritto, Engineer's performance underthis Agreement. Upon Owner's request, Engineer shall provide a copy of any such item to Owner at cost. 6.13 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 registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. 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, which 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. 'Oi. 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. Accrual of Claims: To the fullest extent permitted by Laws and Regulations, 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. N�R» -• _## � A. Wherever used in this Agreement (including the Exhibits hereto) terms (including t1l singular and plural forms) printed with initial capital letters have the meanings indicated the text above, in the exhibits, or in the following definitions: 1. Addenda—Written or graphic instruments issued prior to the opening of bids which clarify, correct, or change the bidding requirements or the proposed Construction Contract Documents. 2. AdditionalServices—The services to be performed for or furnished to Owner by Engine in accordance with Part 2 of Exhibit A of this Agreement. i 3. Agreement—This written contract for professional services between Owner and Engine including all exhibits identified in Paragraph 8.01 and any duty executed am, I EJCDC" E-500, Agreement Between Owner and Engineer for Professional Services. Copyright 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All e'Whts reserved. Page 12 4. Application for Payment —The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Construction Contract. S. Basic Services —The services to be performed for or furnished to owner by Engineer in accordance with Part 1 of Exhibit A of this Agreement. 6. Change Order —A document which is signed by Contractor and owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Construction Contract Price or the Construction Contract Times, or other revision to the Construction Contract, issued on or after the effective date of the Construction Contract. 7. Change Proposal —A written request by Contractor, duly submitted in compliance with the procedural requirements set forth in the Construction Contract, seeking an adjustment in Construction Contract Price or Construction Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Construction Contract Documents or the acceptability of Work under the Construction Contract Documents; challenging a set -off against payments due; or seeking other relief with respect to the terms of the Construction Contract. 8. Constituent of Concern — Asbestos, petroleum, radioactive material, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that 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 Act, 49 U.S.C. § §5501 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.; or (g) any other federal, State, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 9. Construction Contract —The entire and integrated written contract between the owner and Contractor concerning the Work. 10. Construction Contract Documents —Those items designated as "Contract Documents" in the Construction Contract, and which together comprise the Construction Contract. 11. Construction Contract Price —The money that owner has agreed to pay Contractor for completion of the Work in accordance with the Construction Contract Documents. 12. Construction Contract Times —The number of days or the dates by which Contractor shall: (a) achieve milestones, if any, in the Construction Contract; (b) achieve Substantial Completion; and (c) complete the Work. 13. Construction Cost —The cost to owner of the construction of those portions of the entire Project designed or specified by or for Engineer under this Agreement, including construction labor, services, materials, equipment, insurance, and bonding costs, and allowances for contingencies. Construction Cost does not include costs of services of EJCDCe E -5013, Agreement Between owner and Engineer for Professional services. Copyright Q 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. _ Page 13 Engineer or other design professionals and consultants; cost of land or rights-of-way, or compensation for damages to property; Owner's costs for legal, accounting, insurance counseling, or auditing services; interest or financing charges incurred in connection with the Project; or the cost of other services to be provided by others to Owner. Construction Cost is one of the items comprising Total Project Costs. 14. Constructor—Any person or entity (not including the Engineer, its employees, agents, representatives, and Consultants), performing or supporting construction activities relating to the Project, including but not limited to Contractors, Subcontractors, Suppliers, Owner's workforces, utility companies, other contractors, construction managers, testing firms, shippers, and truckers, and the employees, agents, and representatives of any or all of them. 15. Consultants—Individuals or entities having a contract with Engineer to furnish services with respect to this Project as Engineer's independent professional associates and consultants; subcontractors; or vendors. 16. Contractor—The entity or individual with which Owner enters into a Construction Contract. 22. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rul regulations, ordinances, codes, and orders of any and all governmental bodies, agend authorities, and courts having jurisdiction. I 23. Owner—The individual or entity named as such in this Agreement and for whi Engineer's services are to be performed. Unless indicated otherwise, this is the sa individual • entitythat will enter into any Construction Contracts concerningthe Projei4, 24. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testin& commissioning, and start-up, and • which the services to be performed • furnished ♦ Engineer under this Agreement are a part. EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services. Copyright 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 25. Record Drawings— Drawings depicting the completed Project, or specific portion mfthe completed Project, prepared by Engineer as an Additional Service and based on Contractor's record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications, as delivered to Engineer and annotated by Contractor to show changes made during construction. 26. Reimbursable Expenses—The expenses incurred directly bv Engineer \n connection with the performing or furnishing of Basic Services and Additional Services for the Project. 27. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site during the Construction Phase. As used herein, the term Resident Project Representotiveor"RPR"inc|udesanyassistantmqrfie}dstaffmfResident Project Representative. The duties and responsibilities of the Resident Project Representative, if any, are as set forth in Exhibit 0' IQ. Samples—Physical examples of mnoteho!s' equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will bejudged. 29. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Construction Contract Documents. 30. Site—Lands or areas to be indicated in the Construction Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands furnished bv Owner which are designated for the use of Contractor. 31. Specifications—The part of the Construction Contract Documents that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to theWork' and certain administrative requirements and procedural matters applicable to the Work. 32. Subcontractor—An individual or entity having adirect contract with Contractor orwith any other Subcontractor for the performance of$ part of the Work. 33. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Construction Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms 'substantially complete' and "substantially completed" as applied to all or part of the Work refer 1u Substantial Completion thereof. 34. Supplier--A manufacturer, fabricator, supplier, distributor, nnaberia|nnan, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment tobe incorporated in the Work by Contractor ora Subcontractor. uCmc*e-SM, Agreement Between Owner and Engineer for Professional Services. Copyright 2o14 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 35. Total Project Costs —The total cost of planning, studying, designing, constructing, testing, commissioning, and start-up of the Project, including Construction Cost and all other Project labor, services, materials, equipment, insurance, and bonding costs, 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. 36. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Construction Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start- up, and commissioning, all as required by the Construction Contract Documents. 37. Work Change Directive—A written directive to Contractor issued on or after the effective date of the Construction Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, • revision in the Work. 3� I. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. H. Exhibit G, Insurance. Mot EJCDCO E-500, Agreement Between Owner and Engineer for Professional Services. Copyright 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page K. Exhibit l Special Provisions. L Exhibit K, Amendment to owner-Engineer Agreement. 8.02 TotalAgreement A. This Agreement, (together with the exhibits included above) constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by written instrument duly executed by both parties. Amendments should be based whenever possible on the format of Exhibit Kto this Agreement. 8.03 Designated Representatives A. With the execution of this Agreement Engineer and Owner shall designate specific individuals to act as Engineer's and Owner's representatives with respect to the services to be performed or furnished by Engineer and responsibilities of Owner under this Agreement. Such an individual shall have authority to transmit instructions, receive information, and render decisions relative to this Agreement on behalf oythe respective party vvhorn the individual represents. 8.04 Engineer's Certifications A. Engineer certifies that it has not engaged in corrupt, fraudulent, mrcoercive practices in competing for or in executing the Agreement. For the purposes of this Paragraph 8.04: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of 8 public official in the selection process or in The Agreement execution; 2. "fraudulent means an intentional misrepresentation of facts made (a) to influence the selection process or the execution ofthe Agreement tothe detriment of owner, or/b\to deprive Owner of the benefits of free and open competition; 3. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the selection process or affect the execution nf the Agreement. Between Owner and Engineer for Professional Services. Copyright 0z014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 V lndicated on page 1. AmIkilk Owner: City of Title: Mayor Date Signed: By: WZ4 0-11A W. Print name: Walter R. Fe6st Title: city napr Date Signed: Address for Owner's receipt of notices: City of Columbia Heights 637 38 th Avenue NE Columbia Heights, MN 55421 Designated Representative (Paragraph 8.03.A): Kevin Hansen Title: City Engineer Phone Number: 763-706-3705 E-Mail Address: khansen@columblaheightsmn.gov Engineer: -M Y* .,rint n15 � T 11 usan M. Mason, Principal Date Signed: Engineer License or Firm's Certificate No. (if required): State of: Address for Engineer's receipt of notices: Short Elliott Hendrickson, Inc. 3535 Vadnais Center Drive St. Paul, MN 55110 Designated Representative (Paragraph 8.03.A): Susan Mason Title: Principal Phone Number: 651-490-2018 E-Mail Address: smason@sehinc.com EJCDC11 E-500, Agreement Between Owner and Engineer for Professional Services. Copyright (D 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American. Society of Civil Engineers. All rights reserved. Page 18 This is EXHIBIT A, consisting of 16 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated October 24, 2016. Engineer's Services Article 1 of the Agreement is supplemented to include the following agreement of the parties. Engineer shall provide Basic and Additional Services as set forth below. PART 1— BASIC SERVICES A1.01 Study and Report Phase A. Engineer shall: Consult with Owner to define and clarify Owner's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations, and identify available data, information, reports, facilities plans, and site evaluations. a. If it is necessary for Engineer to identify, study, and evaluate multiple potential solutions, then identify [ N/A ] alternative solutions potentially available to Owner, unless Owner and Engineer mutually agree that some other specific number of alternatives should be identified, studied, and evaluated. 2. Identify potential solution(s) to meet Owner's Project requirements, as needed. 3. Study and evaluate the potential solution(s) to meet Owner's Project requirements. 4. Visit the Site, or potential Project sites, to review existing conditions and facilities, unless such visits are not necessary or applicable to meeting the objectives of the Study and Report Phase. S. Advise Owner of any need for Owner to obtain, furnish, or otherwise make available to Engineer additional Project - related data and information, for Engineer's use in the study and evaluation of potential solution(s) to Owner's Project requirements, and preparation of a related report. 6. After consultation with Owner, recommend to Owner the solution(s) which in Engineer's judgment meet Owner's requirements for the Project. identify, consult with, and analyze requirements of governmental authorities having jurisdiction to approve the portions of the Project to be designed or specified by Engineer, including but not limited to mitigating measures identified in an environmental assessment for the Project. 8. Prepare a report (the "Report ") which will, as appropriate, contain schematic layouts, sketches, and conceptual design criteria with appropriate exhibits to indicate the agreed - to requirements, considerations involved, and Engineer's recommended solution(s). For Exhibit A— Engineer's Services EJCDC* E -500, Agreement Between Owner and Engineer for Professional Services. Copyright 9 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 each recommended solution Engineer will provide the following, which will be separately itemized: opinion of probable Construction Cost; proposed allowances for contingencies; the estimated total costs of design, professional, and related services to be provided by Engineer and its Consultants; and, on the basis of information furnished by Owner, a tabulation of other items and services included within the definition of Total Project Costs. 9. Advise Owner of any need for owner to provide data or services of the types described in Exhibit B, for use in Project design, or in preparation for Contractor selection and construction. 10. When mutually agreed, assist Owner in evaluatingthe possible use of building information modeling; civil integrated management; geotechnical baselining of subsurface site conditions; innovative design, contracting, or procurement strategies; or other strategies, technologies, or techniques for assisting in the design, construction, and operation of Owner's facilities. The subject matter of this paragraph shall be referred to in Exhibit A and B as "Project Strategies, Technologies, and Techniques." 11. If requested to do so by Owner, assist Owner in identifying opportunities for enhancing the sustainability of the Project, and pursuant to Owner's instructions plan for the inclusion of sustainable features in the design. 12. Use ASCE 38, "Standard Guideline for the Collection and Depiction of Existing Subsurfac,-. Utility Data" as a means • advise the Owner on a recommended scope • work and procedure for the identification and mapping of existing utilities. C3. Develop a scope of work and survey limits for any topographic and other surveys necessary for design. 14. Perform or provide the following other Study and Report Phase tasks or deliverables: [See Exhibit All. 15. Furnish [ I ] review copies of the Report and any other Study and Report Phas; deliverables to Owner within [ 90 ) days of the Effective Date and review it with Owner. Within [ 10 ) days of receipt, Owner shall submit to Engineer any comments regarding the furnished items. 16. Revise the Report and any other Study and Report Phase deliverables in response to Owner's comments, as appropriate, and furnish [ 11 copies of the revised Report and any other Study and Report Phase deliverables to the Owner within [ 10 1 days of receipt of Owner's comments, B. Engineer's services underthe Study and Report Phase will be considered complete on the date when Engineer has delivered to Owner the revised Report and any other Study and Report Phase deliverables. • A. After acceptance by Owner of the Report and any other Study and Report Phase deliverables; selection by Owner of a recommended solution; issuance by Owner of any instructions of for use of Project Strategies, Technologies, and Techniques, • for inclusion • sustainable features Exhibit A — Engineer's SerVices EJCDC18 E-500, Agreement Between Owner and Engineer for Professional Services. Copyright Q 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Chill Engineers. All rights reserved. Page 2 in the design, and indication by Owner of any specific modifications or changes in the scope, extent, character, or design requirements of the Project desired by Owner, (1) Engineer and Owner shall discuss and resolve any necessary revisions to Engineer's compensation (through application of the provisions regarding Additional Services, or otherwise), or the time for completion of Engineer's services, resulting from the selected solution, related Project Strategies, Technologies, or Techniques, sustainable design instructions, or specific modifications to the Project, and (2) upon written authorization from Owner, Engineer shall: 1. Prepare Preliminary Design Phase documents consisting of final design criteria, preliminary drawings, outline specifications, and written descriptions of the Project. 2. In preparing the Preliminary Design Phase documents, use any specific applicable Project Strategies, Technologies, and Techniques authorized by Owner during or following the Study and Report Phase, and include sustainable features, as appropriate, pursuant to Owner's instructions. 3. Provide necessary field surveys and topographic and utility mapping for Engineer's design purposes. Comply with the scope of work and procedure for the identification and mapping of existing utilities selected and authorized by Owner pursuant to advice from Engineer based on ASCE 38, "Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data," as set forth in Paragraph A1.01.A.12 above. If no such scope of work and procedure for utility mapping has been selected and authorized, then at a minimum the utility mapping will include Engineer contacting utility owners and obtaining available information. 4. Visit the Site as needed to prepare the Preliminary Design Phase documents. 5. Advise Owner if additional reports, data, information, or services of the types described in Exhibit B are necessary and assist Owner in obtaining such reports, data, information, or services. 6. Continue to assist Owner with Project Strategies, Technologies, and Techniques that Owner has chosen to implement. 7. Based on the information contained in the Preliminary Design Phase documents, prepare a revised opinion of probable Construction Cost, and assist Owner in tabulating the various cost categories which comprise Total Project Costs. 8. Obtain and review Owner's instructions regarding Owner's procurement of construction services (including instructions regarding advertisements for bids, instructions to bidders, and requests for proposals, as applicable), Owner's construction contract practices and requirements, insurance and bonding requirements, electronic transmittals during construction, and other information necessary for the finalization of Owner's bidding - related documents (or requests for proposals or other construction procurement documents), and Construction Contract Documents. Also obtain and review copies of Owner's design and construction standards, Owner's standard forms, general conditions (if other than EJCDC8 C -700, Standard General Conditions of the Construction Contract, 2013 Edition), supplementary conditions, text, and related documents or content for Engineer to include in the draft bidding- related documents (or requests for proposals or other construction procurement documents), and in the draft Exhibit A— Engineer's Services EJCDCO E -500, Agreement Between Owner and Engineer for Professional Services. Copyright C 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 9. Perform or provide the following other Preliminary Design Phase tasks or deliverables: [See Exhibit Al ] CO. Furnish [ 1 ] review copies of the Preliminary Design Phase documents, opinion of probable Construction Cost, and any other Preliminary Design Phase deliverables to Owner within [120 1 days of authorization to proceed with this phase, and review them with Owner. Within f 10 ] days of receipt, Owner shall submit to Engineer any comments regarding the furnished items. 11, Revise the Preliminary Design Phase documents, opinion of probable Construction Cost and any other Preliminary Design Phase deliverables in response to Owner's comments, as appropriate, and furnish to Owner [ I ] copies of the revised Preliminary Design Phase documents, revised opinion of probable Construction Cost, and any other deliverables within [3Ol days after receipt uf Owner's comments. B. Engineer's services under the Preliminary Design Phase will be considered complete on tha date when Engineer has delivered to Owner the revised Preliminary Design Phase documents revised opinion of probable Construction Cost, and any other Preliminary Design Phase A1.03 Final Design Phase A. After acceptance by Owner of the Preliminary Design Phase documents, revised opinion probable Construction Cost as determined in the Preliminary Design Phase, and any oth Preliminary Design Phase deliverables, subject to any Owner-directed modifications or chang in the scope, extent, character, or design requirements of or for the Project, and upon writte authorization from Owner, Engineer shall: �I EJCDLO E-500, Agreement Between owner and Engineer for Professional Services. Copyright @ 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 6. Assist Owner in assembling known reports and drawings of Site conditions, and in identifying the technical data contained in such reports and drawings upon which bidders or other prospective contractors may rely. 7. In addition to preparing the final Drawings and Specifications, assemble drafts of other Construction Contract Documents based on speck instructions and contract forms, text, or content received from Owner. 8. Prepare or assemble draft bidding - related documents (or requests for proposals or other construction procurement documents), based on the specific bidding or procurement - related instructions and forms, text, or content received from Owner. 9. Perform or provide the following other Final Design Phase tasks or deliverables: [ See Exhibit Al ] 10. Furnish for review by Owner, its legal counsel, and other advisors, [ 1 ] copies of the final Drawings and Specifications, assembled drafts of other Construction Contract Documents, the draft bidding- related documents (or requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables, within [ 180 ] days of authorization to proceed with the Final Design Phase, and review them with Owner. Within [21] days of receipt, Owner shall submit to Engineer any comments regarding the furnished items, and any instructions for revisions. 11. Revise the final Drawings and Specifications, assembled drafts of other Construction Contract Documents, the draft bidding - related documents (or requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables in accordance with comments and instructions from the Owner, as appropriate, and submit [ 1 ] final copies of such documents to Owner within [ 30 ] days after receipt of Owner's comments and instructions. B. Engineer's services under the Final Design Phase will be considered complete on the date when Engineer has delivered to Owner the final Drawings and Specifications, other assembled Construction Contract Documents, bidding - related documents (or requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables. C. In the event that the Work designed or specified by Engineer is to be performed or furnished under more than one prime contract, or if Engineer's services are to be separately sequenced with the work of one or more prime Contractors (such as in the case of fast - tracking), Owner and Engineer shall, prior to commencement of the Final Design Phase, develop a schedule for performance of Engineer's services during the Final Design, Bidding or Negotiating, Construction. and Post - Construction Phases in orderto sequence and coordinate properlysuch services as are applicable to the work under such separate prime contracts. This schedule is to be prepared and included in or become an amendment to Exhibit A whether or not the work under such contracts is to proceed concurrently. D. The number of prime contracts for Work designed or specified by Engineer upon which the Engineer's compensation has been established under this Agreement is [ 1 ]. if more prime contracts are awarded, Engineer shall be entitled to an equitable increase in its compensation under this Agreement. Exhibit A — Engineer's services EJCDC6 E -500, Agreement Between Owner and Engineer for Professional Services. Copyright Q 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 wig= A. After acceptance • Owner • the final Drawings and Specifications, other Construction Contract Documents, bidding-related documents (or requests for proposals or other construction procurement documents), and the most recent opinion of probable Construction Cost as determined in the Final Design Phase, and upon written authorization by Owner to proceed, Engineer shall: 1. Assist Owner in advertising for and obtaining bids or proposals for the Work, assist Owner in issuing assembled design, contract, and bidding-related documents (or requests for proposals or other construction procurement documents) to prospective contractors, and, where applicable, maintain a record of prospective contractors to which documents have been issued, attend pre-bid conferences, if any, and receive and process contractor deposits or charges for the issued documents. 2. Prepare and issue Addenda as appropriate to clarify, correct, or change the issued documents. 3. Provide information or assistance needed by Owner in the course of any review of proposals or negotiations With prospective contractors. 5. Consult with Owner as to the qualifications of subcontractors, suppliers, and other individuals and entities proposed by prospective contractors, for those portions of the Work as • which review of qualifications is required by the issued documents. 7. Attend the bid opening, prepare bid tabulation sheets to meet Owner's schedule, a assist Owner in evaluating bids or proposals, assembling final contracts for the Work 11 f execution by Owner and Contractor, and in issuing notices of award of such contracts. 8. If Owner engages in negotiations with bidders or proposers, assist Owner with respect technical and engineering issues that arise during the negotiations. i 9. Perform or provide the following other Bidding or Negotiating Phase tasks or deliverabl Written recommendation of construction contract award. I B. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective contractors (except as may be required if Exhibit F is a part of this Agreement). Exhibit A— Engineer's Services EICDCO E-5•0, Agreement Between Owner and Engineer for Professional Services. Copyright C 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 A105 Construction Phase A. Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from Owner, Engineer shall: l. General Administration mF Construction Cbntnact Consult with Owner and act asOwner's representative as provided in the Construction Contract. The extent and limitations of the duties, responsibilities, and authority ofEngineer shall be as assigned in E]CDC1 C-700, Standard General Conditions of the Construction Contract (2013 Edition), prepared by the Engineers Joint Contract Documents Committee, or other construction general conditions specified in this Agreement. If Owner, or Owner and Contractor, modify the duties, responsibilities, and authority of Engineer in the Construction Contract., or modify other terms of the Construction Contract having a direct bearing on Engineer, then Owner shall compensate Engineer for any related increases in the cost to provide Construction Phase services. Engineer shall not be required to furnish or perform services contrary to Engineer's responsibilities as o licensed professional. AM of Owner's instructions to Contractor will be issued through Engineer, which shall have authority to act on behalf of Owner in dealings with Contractor tothe extent provided in this Agreement and the Construction Contract except as otherwise provided inwriting. 2, Resident Project Represen1otive/RPR: Provide the services ofanRPRat the Site toassist the Engineer and to provide more extensive observation oil Contractor's vvmd/. Duties, responsibilities, and authority of the RPR are as set forth in Exhibit D. The furnishing of such RPR's services will not limit, extend, or modify Engineer's responsibilities or authority except as expressly set forth |n Exhibit D. 3. Selection of Independent Testing Laboratory., Assist Owner in the selection of an independent testing laboratory to perform the services identified in Exhibit B, Paragraph BJ.01. 4. in o conference prior to commencement Pf Work at the Site. 5. Electronic Transmittal Pnntncots/ If the Construction Contract Documents do not specify protocols for the transmittal of Project-related correspondence, documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through access toa secure Project vxebnite then together with Owner and Contractor jointly develop such protocols for transmittals between and among Owner, Contractor, and Engineer during the Construction Phase and Post-Construction Phase. 6. Original Documents: If requested by Owner todu so, maintain and safeguard during the Construction Phase at least one original printed record version of the Construction Contract Documents, including Drawings and Specifications signed and seated by Engineer and other design professionals in accordance with applicable Laws and Regulations. Throughout the Construction Phase, make such original printed record version of the construction Contract Documents available to Contractor and Owner for review. 7. Schedules: Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to Engineer, including the Progress Schedule, Schedule of Submittals, and Schedule of Values. ExhibkA - eogineer's Services EJCDCI& E-500, Agreement Between Owner and Engineer for Professional Services. Copyright (D 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 Baselines and Benchmarks: As appropriate, establish baselines and benchmarks for locating the Work which in Engineer's judgment are necessary to enable Contractor to proceed. 9. Visits to Site and Observation of Construction: In connection with observations Contractor's Work while it is in progress: i a. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, to observe as an experienced and qualified design professional the progress of Contractor's executed 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 or to involve detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Construction 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 obtained during such visits and observations, Engineer will determine in general if the Work is proceeding in accordance with the Construction Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. (0. DefectiveWork, Reject Work if, on the basis of Engineer's observations, Engineer believes that such Work is defective under the terms and standards set forth in the Construction Contract Documents. Provide recommendations to Owner regarding whether Contractor should correct such Work or remove and replace such Work, or whether owner should consider accepting such Work as provided in the Construction Contract Documents. 11. Compatibility with Design Concept. If Engineer has express knowledge that a specific part of the Work that is not defective under the terms and standards set forth in the Exhibit A— Engineer's Services EJCDC* E-500, Agreement Between Owner and Engineer for Professional Set-Aces. Copyright 9) 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 Construction Contract Documents is nonetheless not compatible with the design concept of the completed Project as a functioning whole, then inform owner of such incompatibility, and provide recommendations for addressing such Work. 12. Clarifications and Interpretations., Accept from Contractor and Owner submittal of all matters in question concerning the requirements of the Construction Contract Documents (sometimes referred to as requests for information or interpretation— RFls), or relating to the acceptability of the Work under the Construction Contract Documents. With reasonable promptness, render written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Construction Contract Documents. 13. Matters. if a submitted matter in question concerns the Engineers performance of its duties and obligations, or terms and conditions of the Construction Contract Documents that do not involve (1) the performance or acceptability of the Work under the Construction Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer will notprovide a decision orinterpretation. 14. Field Orders: Subject to any limitations in the Construction Contract Documents, Engineer may prepare and issue Field Orders requiring minor changes |n the Work. 15. Change Orders and Work Change Directives/ Recommend Change Orders and Work Change Directives to <]vvnar, as appropriate, and prepare Change Orders and Work Change Directives aarequired. 16. Differing Site Conditions: Respond to any notice from Contractor of differing site conditions, including conditions relating to underground facilities such as utilities, and hazardous environmental conditions. Promptly conduct reviews and prepare findings, conclusions, and recommendations for Owner's use. 17. Shop Drawings, Samples, and other Submittals: Review and approve or take other appropriate action with respect to Shop Drawings, Samples, and other required Contractor submittals, but only for conformance with the information given in the Construction Contract Documents and compatibility with the design concept of the completed Project as o functioning whole as indicated by the Construction 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 shall meet any Contractor's submittal schedule that Engineer has accepted. 1@. Substitutes and "Opequcl" Eva|uateanddetermn|netheacceptabi|ityofsubstituteor"or- equa|"rnateria|o@DdmqU\pnnentproposedbyContractor,butouEdecttotheprov\sionsof Paragraph A2.Q2.A.2of this Exhibit A. 19, Inspections and Tests: a' Receive and review all certificates of inspections, testa and approvals required by Laws and Regulations or the Construction Contract Documents. Enoneerjs review of Exhibit A - EnQineer's$wmkceo EJCDC8 E-500, Agreement Between Owner and Engineer for Professional Services. Copyright 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, reserved. and American Society of Civil Engineers. All rights Page b. As deemed reasonably necessary, request that Contractor uncover Work that is to be inspected, tested, or approved. c. Pursuant to the terms of the Construction Contract, require special inspections or testing of the Work, whether or not the Work is fabricated, installed, or completed. 20. Change Proposals and Claims: (a) Review and respond to Change Proposals, Review each duly submitted Change Proposal from Contractor and, within 30 days after receipt of the Contractor's supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer will not resolve the Change Proposal. (b) Provide information or data to Owner regarding engineering or technical matters pertaining to Claims. 21. Applications for Payment, Based • Engineer's observations as an experienced ar qualified design professional and on review of Applications for Payment a accompanying supporting documentation: Exhibit A — Engineer's Services EJCDCO E-500, Agreement Between Owner and Engineer for Professional Services. Copyright 9) 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page final payment will impose on Engineer responsibility to supervise, direct, or control the Work, or for the means, methods, techniques, sequences, orprocedures of construction qrsafety precautions or programs incident thereto, orContractor's compliance with Laws and Regulations applicable to Contractor's furnishing and performing the Work. |t will also not impose responsibility om Engineer tu make any examination to ascertain how or for what purposes Contractor has used the money paid to Contractor by Owner; to determine that title to any portion of the Work, including 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 22. Contractor-'s Completion Documents: Receive from Contractor, review, and transmit to Owner maintenance and operating instructions, schedules, guarantees bonds, certificates or other evidence of insurance required by the Construction Contract Documents, certificates of inspection, tests and approvals, and Shop Drawings, Samples, and other data approved as prpvided under Paragraph A1.05.A.17. Receive from Contractor, review, and transmit to Owner the annotated record documents which are to be assennb|edbyContyacturinaccor6ancevv|ththeConstruct|onCon1nactDocurnmntsto obtain final payment. The extent uf Engineer's review of record documents shall beto check that Contractor has submitted all pages. 23. Substantial :Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor, visit the Site to review the Work and determine the status of comnpletion. Follow the procedures in the Construction Contract regarding the preliminary certificate of Substantial Completion, punch list of items to be completed, Owner's objections, notice to Contractor, and issuance ofa final certificate of Substantial Completion. Assist Owner regarding any remaining engineering or technical matters affecting Owner's use or occupancy ;f the Work following Substantial Completion. 24. Other Tasks/ Perform or provide the fQ||0vving other Construction Phase tasks or deliverables: [ See Exhibit Al I 25, Final Notice of Acceptability of the Work: Conduct a final visit tothe Project to determine if the Work is complete and acceptable so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a notice to Owner and Contractor in the form attached hereto as Exhibit E ("Notice of Acceptability of Work") that the Work is acceptable (subject to the provisions of the Notice and Paragraph A1.05.A.21.b) to the hest of Engineer's knowledge, information, and be|ief, and bayed on the extent of the services provided by Engineer under this Agreement, 28, Standards for Certain Construction-Phase Decisions: Engineer will render decisions regarding the requirements of the Construction Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth in the Construction Contract for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any ExhibitA — En&ineer's Services EJCDCmE-5u0, Agreement aemveenowne,endsngineerforprofessional$ervicem. Copyright 2014 National Society ofProfessional Engineers, American Council uf Engineering Companies, reserved. and American Society of Civil Engineers. All rights Page 11 proceedings, interpretations, decisions, or judgments conducted or rendered in good tit1',' B. Duration of Construction Phase: The Construction Phase will commence with the execution of the first Construction Contract for the Project or any part thereof and will terminate upon written recommendation by Engineer for final payment to Contractors. If the Project involves more than one prime contract as indicated in Paragraph A1.03.1), then Construction Phase services may be rendered at different times in respect to the separate contracts. Subject to the provisions of Article 3, Engineer shall be entitled to an equitable increase in compensation if Construction Phase services (including Resident Project Representative services, if any) are required after the original date for completion and readiness for final payment of Contractor as set forth in the Construction Contract. A. Upon written authorization from Owner during the Post-Construction Phase, Engineer shall: Together with Owner, visit the Project to observe any apparent defects in the Work, make recommendations as to replacement or correction of defective Work, if any, or the need to repair of any damage to the Site or adjacent areas, and assist Owner in consultations and discussions with Contractor concerning correction of any such defective Work and any needed repairs. 2. Together with Owner, visit the Project within one month before the end of t Construction Contract's correction period to ascertain whether any portion • the • orthe repair of any damage to the Site • adjacent areas Is defective and therefore subje to correction by Contractor. 11 3. Perform or provide the following other Post-Construction Phase tasks or deliverables: See Exhibit Al ] I B. The Post-Construction Phase services may commence during the Construction Phase and, M not otherwise modified in this Exhibit A, will terminate twelve months after t commencement • the Construction Contract's correction period. I A. If authorized in writing by Owner, Engineer shall provide Additional Services of the types list below. These services are not included as part of Basic Services and will be paid for by own] as indicated in Exhibit C. Exhibit A — Engineer's Services EJCDCe E-500, Agreement Between Owner and Engineer for Professional Services. Copyright 0 2014 National Society of ProrFessional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2. Services to make measured drawings of existing conditions or facilities, to conduct tests or i ns of existing conditions or facilities, orto verify the accuracy of drawings or other information furnished by Owner or others. 3. Services resulting from significant changes in the scope, extent, or character of the portions of the Project designed or specified by Engineer, or the Project's 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 Construction Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date or are due to any other causes beyond Engineer's control. 4. Services resulting from Owner's request to evaluate additional Study and Report Phase alternative solutions beyond those agreed to in Paragraph A1.0I.A.1 and 2. 5. Services required as a result of Owner's providing incomplete or incorrect Project information tuEngineer. 6. Providing renderings or models for Owner's use, including services in support of building information modeling or civil integrated management. 7. Undertaking investigations and studies including, but not limited to: a. detailed consideration of operations, maintenance, and overhead expenses; b. the preparation of feasibility studies (such as those that include projections of output capacity, utility project rates, project market demand, or project revenues) and cash flow analyses, provided that such services are based on the engineering and technical aspects ofthe Project, and dm not include rendering advice regarding municipal financial products or the issuance of municipal securities; c. preparation of appraisals; d' evaluating processes available for licensing, and assisting Owner in obtaining process licensing; e. detailed quantity surveys of materials, equipment, and labor; and t audits or inventories required in connection with construction performed or furnished bvOwner. 8. Furnishing services of Consultants for other than Basic Services. 9. Providing data or services of the types described in Exhibit 8, when Owner retains Engineer to provide such data or services instead of Owner furnishing the same. 10. Providing the following services: a. Services attributable b3 more prime construction contracts than specified in Paragraph A1.03.1). Exhibit A — Emginear'sgemice EJCDCII E-500, Agreement Between Owner and Engineer for Professional Services. Copyright Q 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers All rights reserved. Page 13 b. Services to arrange for performance of construction services for Owner by contractors other than the principal prime Contractor, and administering Owner's contract for such services. 11. Services during out-of-town travel required of Engineer, otherthan forvisitsto the Site or Owner's office as required in Basic Services (Part I of Exhibit A). 12. 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 constructibility review requested by Owner; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or otherclocuments as a result of such review processes. 13. Preparing additional bidding-related documents (or requests for proposals or other construction procurement documents) or Construction Contract Documents for alternate bids or cost estimates requested by Owner for the Work or a portion thereof. 14. Assistance in connection with bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services, except when such assistance is required to complete services required by Paragraph 5.02.A and Exhibit F. 15. Preparing conformed Construction Contract Documents that incorporate and integrate the content of all Addenda and any amendments negotiated by Owner and Contractor. 16. ProViding Construction Phase services beyond the original date for completion and readiness for final payment of Contractor, but only if such services increase the total quantity of services to be performed in the Construction Phase, rather than merely shifting performance of such services to a later date. Exhibit A – Engineer's Services EJCDC'I E-500, Agreement Between Owner and Engineer for Professional Services. Copyright (9) 2014 National Society of Professional Engineers, American Council of Engineering Companies, — and American Society of Civil Engineers. All rights reserved. Page 14 24. Preparing to serve or serving aoa consultant orwitness for Owner in any litigation, arbitration, lien or bond claim, or other legal or administrative proceeding involving the 25. Overtime work requiring higher than regular rates. 26' Providing construction surveys and staking toenable Contractor to perform its work other than as required under Paragraph A1.05^A.0; any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. 27. Providing more extensive services required to enable Engineer to issue notices or certifications requested bvOwner. 28. Extensive services required during any correction period, or with respect to monitoring Contractor's compliance with warranties and guarantees called for in the Construction Contract (except as agreed to under Basic Services). 29. Other additional services performed orfurnished by Engineer not otherwise provided for in this A2M Additional Services Not Requiring Owner's Written Authorization A. Engineer shall advise Owner that Engineer is commencing to perform or furnish the Additional Services of the types listed below. For such Additional Services, Engineer neednutnaquestor obtain specific advance written authorization from Owner. Engineer shall cease performing or furnishing such Additional Services upon receipt of written notice to cease from Owner. 1. Services in connection with Work Change Directives and Change Orders to reflect changes requested bvOwner. 2. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment otherthan "or equal" items; services after the award of the Construction Contract in evaluating and determining the acceptability of a proposed "or equal" or substitution which is found to be inappropriate for the Project; evaluation and determination of an excessive number of proposed "or equals" or substitutions, whether proposed before or after award of the Construction Contract. 3. Services resulting from significant delays, changes, or price increases occurring as adirac1 0r indirect result of materials, equipment, Dr energy shortages. 4. Additional or extended services arising from (a) the presence at the Site of any Constituent of Concern or items of historical or cultural significance, (t) emergencies or acts of God endangering the Work, /c' damage to the Work by fire or other causes during construction, 'd\ o significant amount of defective, neg|ecte6, or delayed Work, (e) acceleration of the progress schedule involving services beyond normal working hours, or (# default byContractor. 5. Services (other than Basic Services cluringthe Post-Construction Phase) in connection with any partial utilization ofthe Work bv Owner prior to Substantial Completion. ExhibitA — Engineer'aSemkem EJcDCII E-500, Agreement Between Owner and Engineer for Professional Services. Copyright O820%4 National Society mfProfessional Engineers, American Council ofEngineering Companies, and American Sodety of Civil Engineers. All rights reserved. Page 15 6. Evaluating unreasonable ♦ frivolous requests for interpretation or information Change Proposals, or other demands from Contractor or others in connection with the Work, or an excessive number • RFIs, Change Proposals, • demands. 7. Reviewing a Shop Drawing or other Contractor submittal more than three times, as a result of repeated inadequate submissions by Contractor. S. While at the Site, compliance by Engineer and its staff with those terms of Owner's or Contractor's safety program provided to Engineer subsequent to the Effective Date that exceed those normally required of engineering personnel by federal, State, or local safety authorities for similar construction sites. Exhibit A — Engineer's Services EJCDC* E-SW, Agreement Between Owner and Engineer for Professional Services. Copyright V 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 This is EXHIBIT B, consisting of 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated October 24, 2016. Article 2 of the Agreement is supplemented to include the following agreement of the parties. B2.01 in addition to other responsibilities of Owner as set forth in this Agreement, Owner shall at its expense: A. Provide Engineer with all criteria and full information as to Owner's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations. B. Give instructions to Engineer regarding Owner's procurement of construction services (including instructions regarding advertisements for bids, instructions to bidders, and requests for proposals, as applicable), Owner's construction contract practices and requirements, insurance and bonding requirements, electronic transmittals during construction, and other information necessary for the finalization of Owner's bidding - related documents (or requests for proposals or other construction procurement documents), and Construction Contract Documents. Furnish copies (or give specific directions requesting Engineer to use copies already in Engineer's possession) of all design and construction standards, Owner's standard forms, general conditions (if other than EJCDC2 C -700, Standard General Conditions of the Construction Contract, 2013 Edition), supplementary conditions, text, and related documents and content for Engineer to include in the draft bidding - related documents (or requests for proposals or other construction procurement documents), and draft Construction Contract Documents, when applicable. Owner shall have responsibility for the final content of (1) such bidding - related documents (or requests for proposals or other construction procurement documents), and (2) those portions of any Construction Contract other than the design (as set forth in the Drawings, Specifications, or otherwise), and other engineering or technical matters; and Owner shall seek the advice of Owner's legal counsel, risk managers, and insurance advisors with respect to the drafting and content of such documents. C. Furnish to Engineer any other available information pertinent to the Project including reports and data relative to previous designs, construction, or investigation at or adjacent to the Site. D. Following Engineer's assessment of initially- available Project information and data and upon Engineer's request, obtain, furnish, or otherwise make available (if necessary through title searches, or retention of specialists or consultants) 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. Utility and topographic mapping and surveys. Exhibit B — Owner's Responsibilities EJCDC' E -500, Agreement Between Owner and Engineer for Professional Services. Copyright Q 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 5. Explorations and tests of subsurface conditions at or adjacent to the Site; geotechnical reports and investigations; drawings of physical conditions relating to existing surface or subsurface structures at the Site; hydrographic surveys, laboratory tests and inspections of samples, materials, and equipment; with appropriate professional interpretation • such information or data. 6. Environmental assessments, audits, investigations, and impact statements, and other relevant environmental, historical, or cultural studies relevant to the Project, the Site, and adjacent areas. 7. Data or consultations as required for the Project but not otherwise identified in this Agreement. E. 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. F. Recognizing and acknowledging that Engineer's services and expertise do not include the following services, provide, as required for the Project: 1. Accounting, bond and financial advisory (including, if applicable, "municipal advisor services as described in Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) and the municipal advisor registration rules issued by the Securities and Exchange Commission), independent cost 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. I Such auditing services as owner requires to ascertain how or for what purpose Contract has used the money paid. •'. 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. B — Ownees Responsibilities EJCDCO E-500, Agreemervt Between Owner and Engineer for Professional Services. Copyright Q 2014 National Society • Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 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 pecrrevew,wa|uee 'neering,andconstrucbbObvrevevu If Owner designates a construction manager or an individual or entity other than, or in addition to, Engineer to represent owner at the Site, define and set forth as an attachment to this Exhibit 8 the duties, responsibilities, and limitations of authority ofsuch other party and the relation thereof to the duties, responsibilities, and authority of Engineer. K. If more than one prime contract is to be awarded for the Work designed or specified by Engineer, then designate a person or entity to have authority and responsibility for coordinating the activities among the various prime Contractors, and define and set forth the duties responsibilities, and limitations of authority of such individual or entity and the relation thereof to the duties, responsibilities, and authority of Engineer asanattachrnenttothis Exhibit B that is to be mutually agreed upon and made a part of this Agreement before such services begin. L. Inform Engineer in writing of any specific requirements of safety or security programs that are applicable to Engineer, asa visitor to the Site. M. Examine all alternative solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by Engineer (including obtaining advice of an attorney, risk manager, insurance counselor, financial/municipal advisor, and other advisors or consultants aa owner deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. N. Inform Engineer regarding any need for assistance in evaluating the possible use of Project Strategies, Technologies, and Techniques, as defined \n Exhibit A. O. Advise Engineer as to whether Engineer's assistance is requested in identifying opportunities for enhancing the mustminabUityof the Project. P. Place and pay for advertisement for Bids in appropriate publications. Q. Furnish to Engineer data as to Owner's anticipated costs for services to be provided by others (including, but not limited to, accounting, bond and financial, independent cost estimating, insurance counseling, and legal advice) for Owner so that Engineer may assist Owner in collating the various cost categories which comprise Total Project Costs. R. Attend and participate in the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job related meetings, and Site visits 1m determine Substantial Completion and readiness of the completed Work for final payment. S. Authorize Engineer to provide Additional Services as set forth in Part 2 of Exhibit A of the Agreement, asrequired. T. Perform or provide the following: [ N/A l Exhibit B — Owner's Responsibilities EJCDCO E-500, Agreement Between owner and Engineer for Professional Services. Copyright 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 Reimbursable Expenses IF Z� N �y ( +31 i� t • [�7 �1 C +l iiTi?1!1[+I ri • •T� �1 T•T•`C•� iT+ .Ti r "1 +.'� aITi7�i R7 7T�?cT. CJ 2. Compensation for services of Resident Project Representative (as described in Exhibit A, Paragraph 1 and in Exhibit D` NEI ♦ ! r' ri •♦ • • • • • • a Standard Percentage .. Salary Costs r Hourly Of Labor Costs Costs Plus Costs Rates Construction Times a Overhead r l/ costs •., a Fixed Fee Factor Use This Base •a c1. ..t R•R�II ... Packt Compensation Pac t BC-1 Packet BC-2 Packet • Appendix ,.... i • Packet applicable) • applicable) Appendix 1 Include This Appendix 1 t.Ir.nr Appendix (if applicable) MFM#Molr� applicable) 2. Compensation for services of Resident Project Representative (as described in Exhibit A, Paragraph 1 and in Exhibit D` NEI ♦ ! r' ri •♦ • • • • • • a Exhibit C — Compensation Decision Guide. ElCDCO •• Agreement Between O d Engineer o. Professional Services. Copyright Q 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page Standard Percentage of Direct !. Costs Times a Salary Costs • Rates Construction Costs Factor ..R CCompensation l/ Packet .ir Packet R.r Packet •R.' ► I�r♦. •a c1. ..t R•R�II ... Packt This Appendix a,.j t�� r_. Appendix ,.... Appendix applicable) • applicable) Appendix 1 Exhibit C — Compensation Decision Guide. ElCDCO •• Agreement Between O d Engineer o. Professional Services. Copyright Q 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page This is EXHIBIT C, consisting of 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated October 24, 2016. Payments to Engineer for Services and Reimbursable Expenses COMPENSATION PACKET BC-2: Basic Services — Standard Hourly Rates Article 2 of the Agreement is supplemented to include the following agreement of the parties: ARTICLE 2— OWNER'S RESPONSIBILITIES C2.01 Compensation For Basic Services (other than Resident Project Representative) — Standard Hourly Rates Method of Payment A. Owner shall pay Engineer for Basic Services set forth in Exhibit A, except for services of Engineer's Resident Project Representative, if any, as follows: 1. An amount equal to the cumulative hours charged to the Project by each class of Engineer's personnel times Standard Hourly Rates for each applicable billing class for all services performed on the Project, plus Reimbursable Expenses and Engineer's Consultants' charges, if any. 2. The Standard Hourly Rates charged by Engineer constitute full and complete compensation for Engineer's services, including labor costs, overhead, and profit; the Standard Hourly Rates do not include Reimbursable Expenses or Engineer's Consultants' charges. 3. Engineer's Reimbursable Expenses Schedule and Standard Hourly Rates are attached to this Exhibit C as Appendices 1 and 2. 4. The total compensation for services under Paragraph C2.01 is estimated to be $217,500 based on the following estimated distribution of compensation: a. Study and Report Phase $ W/B b. Preliminary Design Phase $60,800 c. Finai Design Phase $68,800 d, Bidding or Negotiating Phase $ Inc( e. Construction Phase $87,900 5. Engineer may alter the distribution of compensation between individual phases of the work noted herein to be consistent with services actually rendered, but shall not exceed the total estimated compensation amount unless approved in writing by Owner. See also C2.03.C.2 below. Exhibit C - Compensation Packet BC-3: Basic Services (other than RPR)—Percentage of Construction Cost Method of Payment EJCDC9 E-500, Agreement Between Owner and Engineer for Professional Services, Copyright @ 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 6. The total estimated compensation for Engineers services included in the breakdown by phases as noted in Paragraph C2.01.A.3 incorporates all labor, overhead, profit, Reimbursable Expenses, and Engineer's Consultants' charges. 7 The amounts billed for Engineer's services under Paragraph C2.01 will be based on the cumulative hours charged to the Project during the billing period • each class • Engineer's employees times Standard Hourly Rates for each applicable billing class, plus Reimbursable Expenses and Engineer's Consultants' charges. 8. The Standard Hourly Rates and Reimbursable Expenses Schedule will be adjusted annually (as of [ January 2018 ]) to reflect equitable changes in the compensation payable to Engineer. UMM22MM3= A. Owner shall pay Engineer for all Reimbursable Expenses at the rates set forth in Appendix I to this Exhibit C. B. Reimbursable Expenses include the expenses identified in Appendix 1 and the following: transportation (including mileage), lodging, and subsistence incidental thereto; providing and maintaining field office facilities including furnishings and utilities; toll telephone calls, mobile phone charges, and courier charges; reproduction of reports, Drawings, Specifications, bidding- related or other procurement documents, Construction Contract Documents, and similar Project-related items; and Ccinsultan& charges. In addition, if authorized in advance by Owner, Reimbursable Expenses will also include expenses incurred for the use of highly specialized equipment. C. The amounts payable to Engineer for Reimbursable Expenses will be the Project-related internal expenses actually incurred or allocated by Engineer, plus all invoiced external Reimbursable Expenses allocable to the Project, the latter multiplied by a factor of [ I ]. • {.r� A. Whenever Engineer is entitled to compensation for the charges of Engineer's Consu 'tan those charges shall be the amounts billed by Engineer's Consultants to Engineer times a fact] of[ I ], B. Factors: The external Reimbursable Expenses and Engineer's Consultants' factors include Engineer's overhead and profit associated with Engineer's responsibility for the administration • such services and costs, INIUMM L Engineer's estimate of the amounts that will become payable for specified services al only estimates for planning purposes, are not binding on the parties, and are not t minimum or maximum amounts payable to Engineer under the Agreement. 2. When estimated compensation amounts have been stated herein and it subsequen becomes apparent to Engineer that the total compensation amount thus estimated be exceeded, Engineer shall give Owner written notice thereof, allowing Ownerl Exhibit C – Compensation Packet BC-3: Basic Services (other than RPR)—Percentage of Construction Cost Method of Payment EJCDC0I E-500, Agreement Between Owner and Engineer for Professional Services, copyright @ 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society • Civil Engineers. All rights reserved. Page 2 consider its options, including suspension or termination of Engineer's services for owner's convenience. Upon notice, Owner and Engineer promptly shaU review the matter of services remaining to be performed and compensation for such services. Owner shall either exercise its right to suspend or terminate Engineer's services for Owner's convenience, agree to such compensation exceeding said estimated amount, or agree to a reduction in the remaining services to be rendered by Engineer, so that total compensation forsuch serviceswill not exceed said estimated amount when such services are completed. If Owner decides not to suspend the Engineer's services during the negotiations and Engineer exceeds the estimated amount before Owner and Engineer have agreed to an increase in the compensation due Engineer ora reduction in the remaining services, then Engineer shall bm paid for all services rendered hereunder. D. To the extent necessary to verify Engineer's charges and upon owner's timely request, Engineer shall make copies of such records available to Owner at cost. Exhibit C – Compensation Packet BC-3; Basic Services (other than RPR)—Percentage of Construction Cost Method of Payment EJCDC3 E-500, Agreement Between Owner and Engineer for Professional Services. Copyright Q 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 This is Appendix I to EXHIBIT C, consisting of 1 pa referred to in and part of the Agreement betwe t Owner and Engineer for Professional Services da October 24, 2016. Reimbursable Expenses Schedule Reimbursable Expenses are subject to review and adjustment per ExhibitC. Rates and charges for Reimbursable Expenses as of the date of the Agreement are: See attached proposal — Exhibit Al. Exhibit C— Appendix 1: Reimbursable Expenses Schedule. EJCDCO E-501), Agreement Between Owner and Engineer for Professional Services. Copyright aD 2014 National Society of Professional Engineers, American Council of Engineering Companies, — and American Society of Civil Engineers. All rights reserved. Page I This is Appendix 2 to EXHIBIT C, consisting of 1 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated October 24, 2016. A. Standard Hourly Rates. 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 apply only as specified in Article C2. B. Schedule: Hourly rates for services performed on or after the date of the Agreement are: See attached proposal — Exhibit Al Billing Class Vill $[ ] /hour Billing Class VII ]/hour Billing Class VI ]/hour Billing Class V ]/hour Billing Class IV 1/hour Billing Class III ]/hour Billing Class II ]/hour Billing Class I ]/hour Non-administrative Support Staff ]/hour Exhibit C —Appendix 2- Standard Hourly Rates Schedule. EJCDC11 E-500, Agreement Between Owner and Engineer for Professional Services. Copyright 9) 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is EXHIBIT D, consisting of 5 pages, referred and Engineer for Professional Services dated October 24, 2016. D1.01 Resident Project Representative A. Engineer shall furnish a Resident Project Representative ("RPR") to assist Engineer in observing progress and quality of the Work. The RPR may provide full time representation or may provide representation to a lesser degree. RPR is Engineer's representative at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. 1. General: RPR's dealings in matters pertaining to the Work in general shall be with Engineer and Contractor. RPR's dealings with Subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner only with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Shop Drawing an• ] Sa mp submittals, schedule ♦ values, and other schedules prepared by Contractor and cons with Engineer concerning acceptability of such schedules. 4. Safety Compliance: Comply with Site safety programs, as they apply to RPR, and if required to do so by such safety programs, receive safety training specifically related to RPR's own personal safety while at the Site. 5. Liaison: a. Serve as Engineer's liaison with Contractor. Working principally through Contractor's authorized representative or designee, assist in providing information regarding the provisions and intent of the Construction 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 additions! details or information, when required for proper execution of the Work. 6. Clarifications and interpretations: Receive from Contractor submittal of any matters in question concerning the requirements of the Construction Contract Documents (sometimes referred to as requests for information or interpretation— RF Is), or relating to the acceptability of the Work under the Construction Contract Documents. Report to Engineer regarding such RFIs. Report to Engineer when clarifications and interpretations of the Construction Contract Documents are needed, whether as the result of a Contractor RFI or otherwise, Transmit Engineer's clarifications, interpretations, and decisions to Contractor. , 7. Shop Drawings and Samples: a. Record date of receipt of Samples and Contractor - approved Shop Drawings. b. Receive Samples that 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, if RPR believes that the submittal has not been received from Contractor, or has not been approved by Contractor or Engineer. S. proposed Modifications: Consider and evaluate Contractor's suggestions for modifications to the Drawings or Specifications, and report such suggestions, together with RPR's recommendations, if any, to Engineer. Transmit Engineer's response (if any) to such suggestions to Contractor. 9. Review of Work; Defective Work: a. Report to Engineer whenever_RPR believes that any part of the Work is defective under the terms and standards set forth in the Construction Contract Documents, and provide recommendations as to whether such Work should be corrected, removed and replaced, or accepted as provided in the Construction Contract Documents. Exhibit D - Resident Project Representative. E1CDC* E -500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 Inform Engineer • any Work that RPR believes is not defective under the terms and standards set forth in the Construction Contract Documents, but is nonetheless not compatible with the design concept of the completed Project as a functioning whole, -and provide recommendations to Engineer for addressing such Work.; and c. Advise Engineer • that part of the Work that RPR believes should be uncovered • observation, or requires special testing, inspection, or approval, 10. Inspections, Tests, and System Start-ups: a. Consult with Engineer in advance of scheduled inspections, tests, and systems start- UPS. b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owners personnel, and thal Contractor maintains adequate records thereof. c. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups, • Observe whether Contractor has arranged for inspections required • Laws and Regulations, including but not limited to those to be performed by public or other agencies having jurisdiction over the Work. e. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Work, record the results of these inspections, and report to Engineer. M M • Exhibit D - Resident Project Representative, EJCDCO E-500, Agreement Between Owner and Engineer for Professional Services. Copyright Q 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 e. Maintain records for use in preparing Project documentation. Upon completion of the Work, furnish original setofaURPRProectdmcunnentahon to 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 and owner copies of all inspection, test, and system start-up reports. d. immediately inform Engineer of the occurrence of any Site accidents, acts of God endangering theVVo#, possible force rnajeureor delay events, damage to property by fire or other causes, or the discovery of any potential differing site condition or Constituent of Concern. 13. Payment Requests: Review applications for payment with Contractor for compliance with 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. 14. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Contract Documents 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. 15. : a. Participate in visits to the Site regarding Substantial Completion, assist in the determination of Substantial Completion, and prior to the issuance of a Certificate of Substantial Completion submit a punch list of observed items requiring completion or correction. b. Parti(jDateinEnQineer'ovisittothS5iteintheuonnpaoyofOvvneraodCUntr8ctor,to determine completion of the Work, and prepare a final punch list of items to be completed or corrected by Contractor. c. observe whether all items on the final punch list have been completed or corrected, and make recommendations to Engineer concerningacceptanceandissuanceofthe Notice of Acceptability of the Work (Exhibit E). Exhibit D - Mmaiden Project Representative. EJCDCOe-500\ Agreement Between Owner and Engineer for Professional Services, Copyright Q 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1. Authorize any deviation from the Construction Contract Documents or substitution of materials or equipment (including "or-equal" items). 2. Exceed limitations of Engineer's authority as set forth in this Agreement. 3. Undertake any • the responsibilities • Contractor, Subcontractors, or Suppliers, or any Constructor. 41 - Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of the Work, by Contractor or any other Constructor. 5. Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer. MIMM flLJMM-*-MIW19§ . • 8, Authorize Owner to occupy the Project in whole or in part, Exhibit D - Resident Project Representative, EICDCO E-500, Agreement Between Owner and Engineer for Professional Services, Copyright 0 2014 National Society of Professional Engineers, American Councill of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 This is EXHIBIT E, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated October 24, 2016. CONTRACTOR: OWNER'S CONSTRUCTION CONTRACT IDENTIFICATION: EFFECTIVE DATE OF THE CONSTRUCTION CONTRACT: ENGINEER* NOTICE DATE: To: Owner And To: Contractor From: Engineer The Engineer hereby gives notice to the above Owner and Contractor that Engineer has recommended final payment of Contractor, and that the Work furnished and performed by Contractor under the above Construction Contract is acceptable, expressly subject to the provisions of the related Contract Documents, the Agreement between Owner and Engineer for Professional Services dated and the following terms and conditions of this Notice: Exhibit E — Notice of Acceptability of Work. EJCDC® E-500, Agreement Between owner and Engineer for Professional Services. Copyright @ 2014 National Society of Prof esslonal Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 The Notice of Acceptability of Work ("Notice") is expressly made subject to the following terms and conditions to which all those 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 and in the same locality. I This Notice is given as to the best of Engineer's knowledge, information, and belief as of the Notice Date. 4. This Notice is based entirely on and expressly limited by the scope of services Engine has been employed by Owner to perform or furnish during construction of the Proje, (including observation of the Contractors work) under Engineer's Agreement with Own and applies only to facts that are within Engineer's knowledge or could reasonably ha been ascertained by Engineer as a result of carrying out the responsibilities specifical assigned to Engineer under such Agreement. 6. This Notice does not relieve Contractor of any surviving obligations under • • o t • Cnstructin Cntrac, and is subject t o O wner's reservati • ns • f ri g hts with res pe ct completion and final payment. L-M Exhibit E — Notice of Acceptability of Work. EJCDCO E-500, Agreement Between Owner and Engineer for Professional Services. Copyright 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 This is EXHIBIT G, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated October 24, 2016. Insurance Paragraph 6.05 of the Agreement is supplemented to include the following agreement of the parties: G6.05 Insurance A. The limits of liability for the insurance required by Paragraph 6.05.A and 6.05.13 of the Agreement are as follows: Certificate of insurance required from SEH. 1. By Engineer: a. Workers' Compensation: Statutory b, Employees Liability -- 1) Bodily injury, each accident: 2) Bodily injury by disease, each employee: 3) Bodily injury/disease, aggregate: c. General Liability — 1) Each Occurrence (Bodily Injury and Property Damage): $ 2) General Aggregate., $ d. Excess or Umbrella Liability -- 1) Per Occurrence: $ 2) General Aggregate: $ e. Automobile Liability --Combined Single Limit (Bodily injury and Property Damage): t Professional Liability — 1) Each Claim Made $ 2) Annual Aggregate $ g. other (specify): 2. By Owner: a. Workers' Compensation. Statutory Exhibit G — Insurance. EJCDC8 E-500, Agreement Between Owner and Engineer for Professional Services, Copyright 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 MEZMMMXE�� 1) Bodily injury, Each Accident $ 2) Bodily injury by Disease, Each Employee $ 3) Bodily injury/Disease, Aggregate $ c. General Liability — 1) General Aggregate: $ 2) Each Occurrence (Bodily Injury and Property Damage): $ d. Excess Umbrella Liability 1) Per Occurrence: $ 2) General Aggregate: $ e. Automobile Liability —Combined Single Limit (Bodily Injury and Property Damag4l f, Other (specify): The following individuals or entities are to be listed on Owner's general liability policies insurance as additional insureds: i FV Engineer's Consultant d. 2. During the term of this Agreement the Engineer shall notify Owner of any other Consultant to be listed as an additional insured on Owner's general liability policies of insurance. 3. The Owner shall be listed • Engineer's general liability policy as provided Paragraph 6.05.A. I Exhibit G —insurance. EJCDC6 E-500, Agreement Between Owner and Engineer for Professional Services. Copyright Q 2014 National Society of Professional Engineers, American Councii I of Engineering Companies, and American Society of Civil Engitneers. All rights reserved. Page 2 This iy EXHIBIT N[ consisting of 1 page referred to in and pert of the Agreement between Owner and Engineer for Professional Services dated October 24,2016. Paragraph 6.09 of the Agreement is supplemented to include the following agreement of the parties: H6.08 Dispute Resolution A. Mediation: Owner and Engineer agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement orthe breach thereof ("Disputes") to mediation to be mutually agreed upon by both parties. Owner and Engineer agree to participate in the mediation process in good faith, The process shall be conducted on a confidential basis, and shall be completed within 120 days, If such mediation is unsuccessful in resolving Dispute, then (1) the parties may mutually agree to a dispute resolution of their choice, or (2) either party may seek to have the Dispute resolved by a court of competent jurisdiction. Exhibit H - DiopuueResovtion. EJCoCwE-500, Agreement Between Owner and Engineer for Professional services Copyright 2Wz4waGmnal Society wf Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All d Page 1 consl-M—ng o-t 1 page, referred to in and part • the Agreement between Owner 7,nd Engineer for Professional Services dated fictober 24, 2016. Limitations of Liability Paraerajoh 6.1 f f P-1, Uk • A. Limitation of Engineer's Liability Exhibit I - Limitations on Liability. EJCDC0 E-500, Agreement Between Owner and Engineer for Professional Services, Copyright C 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page This is EXHIBIT J, consisting of I pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated October 24, 2016. Paragraph(s) [ . ] of the Agreement isf are amended to include the following agreement(s) of the parties: Exhibit J - Special Provisions. EJCDC3 E-500, Agreement Between owner and Engineer for Professional Servikes, Copyright Q 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. AM rights reserved. Page 1 This is EXHIBIT K, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated October 24, 2016. ill 01r! E ER AGREEMENT Amendment No. The Effective Date of this Amendment is: =. 7=3�� Owner: Engineer: Project: M�� = Here describe the modiftcations, in as much speciftcIty and detail as needed. Use art attachment if necessary. Agreement Summary: Original agreement amount: $ Net change for prior amendments: $ This amendment amount: Adjusted Agreement amount: Exhibit K — Amendment to Owner-Engineer Agreement, ElCDC6 E-500, Agreement Between Owner and Engineer for Professional Services. Copyright Q 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page 1 The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement, including those set forth in Exhibit C. owner and Engineer hereby agree to modify the above-referenced Agreement as set forth in this Amendment. Ali provisions of the Agreement not modified by this or previous Amendments remain in effect. MWWI Is ENGINEER: By: By: Print name: Print name: Title: Title: Date Signed: Date Signed: Exhibit K — Amendment to Owner-Engineer Agreement. EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services. Copyright Q 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 . . ..... .. RIMIIIII 11111"A"I"I", IV SuilcOng a BcttcrVVor!d br All,-," Us" ErzineLrs I ArchiteCw Nin.w,!-s 1 auMing v BelUer World for All mU�4 September 28,2OI6 Kevin Hansen Director of Public Works City uf Columbia Heights 83738th Avenue NE Columbia Heights, WN554%l Dear Mr. Hansen: RE Proposal for Central Avenue Safety Improvements City of Columbia Heights SEH No. CO LHT 138836 The City of Columbia Heights is undertaking avery important project with your upcoming Central Avenue Safety Improvements project. These improvements are necessary to improve pedestrian safety in this busy, high-volume area. In order to successfullyimplement 'these improvements, the City will need a consultant who can handle the lighting and design issues to improve safety as well as manage the Federal Delegated Contract Process(DCP), so you don't have to. Shot t Elliott Hendrickson Inc, (SEHI) is the right consultant to team with the City of Columbia Heights in these eknrts. Our team will handle each of the unique challenges for this project, ranging from the design and inspeoUon requirements for federal It unding to the requirements for the Minnesota Deparinient of Transportation (I'AnDOT) tr; theaeuUhet|oovo(uation,environmonis!documentationand|kghtingtosksthatareraquired.ThcOtywiUbone5thrm ourcreativesuiutionsundourcnmmitnne/ittob/ingioDamuiUdiso|pUnadandturn'keynppmachtotheseeffods. We are. confident that the City will find 8EHtobedie right choice for this project based on the fdknmng factors: Creative Solutions. For this project, the City is seeking solutions for pedestrians tomore safely cross Central Avenue.3EH isomnmifted to finding creative landscape architecture solutions in that context.imp�-Cving safety while also providing solutions that are aesthetically pleasing and affordable. The City will benefit from tNs approach as we work together with you to develop and evaluate concept-level design solutions.. Strong Lighting Design. SEH brings unmatched lighting design strength and experience, led by Ken Taillon, In order to achieve the objectives for this project, the City needs lighting design that is maintenance-friendly and MnDOT approved, SEH will deliver this design in a way that works together with the overall approach to the project. Federal Aid Experience. In order for the City to proceed with the oppontunities to creatively addre ssthe smlety issues nn Central AvenUt:,the requirements for the federal aid proccss and MnDOT must be. fulfill 0-d. Thc SEH Learri will ansure E snv*th process, bringinag significant trunk highway experience with thie plan reviev; and approval process, inspections and other requirements for federal funding. The SEH team is poised and ready to begin work, and we appreciate the opportunity to work together with the City of Columbia Heights on this project. Please contact me at 651,490.2018 or smason@sehinc.com with any questions you may have regarding our submittal. Respectfully submitted, Susan M, Mason, PE Project Manager Engineers | Architects | Planners | Scientists Short Elliott Hendrickson m�. 3535vuunais Center Drive, St, Paul, wwssoo-5z s 11�' " lsc , CoverLetter .......... ........ .. ............................ ........... —........................ 1 Project Understanding and Approach .................................. — ...... .... 2 ProjectSchedule ..................................................................................... 5 ProjectPersonnel —.-- ....... --- ....................... ... ................ ......... O RelevantExperience. ......... ............................. ....................................... 7 Project References ................ ...... ................................ .......... ........... 8 Schedule ofRates and Charges ............................ ............ .................. 8 Fees and 8onefito to Cohnlb;;jr Heights ................. .............. ............. 1O Appendix: Resumes ........................................... ......... ....... ................ Al IP2016 Short Elliott Hendrickson Inc. mso»nmaoov�n��°um��p�nn�|��pn�a�gxp�/�o\�xx�m�mo,n�v proprietary information. We would appreciate your discretion in its reproduction and distribution. This mmm�mnnor�u*ra|umrag to, your �;peo/8cnrc,;er�u:sao,ncorumuem�-nmrmm/ your needs, Its a/m/sto dem^nstrate our Ideas and approach m your project compared ,00ur competition. We respectfully request that distribution be limited to individuals involved in your selection process. sEH Iso registered trademark m Short Elliott Hendrickson Inc SEH may use one or more of its subsidiaries m provide the services; ssxoeumn|evild.Inc. SEH of Indiana, un ncnof Michigan.un SafetV of padusbjanaandvehideyisuf the utmost Importance for aH communities. A four-block stretch ofCentcd Avenue NE (Trunk Hiahv*ay(TH)65>hat*eon/7th Avenue and 51st Avenue inCdunnbiaHeiQhts has experienced ehiQhe/thmm average pedee1han incidence rate, msu) Ling indangerous conditions for pedestrians ondvehic|osYraveUng the corridor The Main {actmrscontributinKto the above-average crash rates include mid-block pedestrian orossin0s and inadequate !kgh��ng,Thm recently insiokod pedestrian overpass at4Qth Avenuehas provided safer crossings mfGent/a| Avenue for pedaotrianatomeling,fo/fnom the schools along 49thAvenum. butbas not e|iminatedaU mid-block crossings along 8h�� The City uf Columbia Heights (City ) has partnered with federal, state and local agencies toimprove safety conditions ot the corridor,|n all effort "to greatly reduce the number nf vehicle-to-vehicle and vahide'to-pedeatrian incidents, Federal Highway Safety Improvement Program (HS!P) funding was obtained by the City to fund a majority of the project, which requires the project design and construction administration will need to follow the federal aid process. The primary goal of the proposed improvements istoimprove the corridor's safety through the addition of vehicle and pedestrian lighting, sidewalk and pedestrian ramp improvements, as well as possible inclusion ofapedestrian barrier to deter mid-block pedestrian crossings. |n addition to reducing vehicle and pedestrian incidents, the proposed improvements will help transform this corridor into an aeohet|oa||y-p|easing gateway tu the community that residents will be proud of. Cainir_g,mnsensus for the proposed improvemenisfrotillhe co:ununiiy, City sbaff and the Winneooia Department pf Trznspo`b*Uun isauothmr�oe|oithepn�oot Since the proposed imp 1-ovmmentmsny|ooctedv/|thin the TH65c|lpht Afina|�,palofthsin1pruv*nrients istosngagyobusiness owners along the corridor early in the design process to determine access needs. This early input will allow the bidding documents to include adequate measures toensure that access/delivery needs are met during construction. SEH understands the challenges and success factors for this project, and brings an experienced team to help the City deliver a successful project for the community. Details ofour proieotteam and firm's expe,|mnoyora contained later intha proposal. Key components of the project scope are discussed below; along with SEH'e approach to successfully delivering and completing each task, Further detail of anticipated tasks is included in the Work Plan in the Appendix. Topographic Survey A topographic surveyofthepnojeotcorridorviUbe performed in order to document existing conditions, locate private utilities, and to search for hghtof-waymonuments. Since decisions regarding the pedestrian crossing barrier type and location are not known, topographic survey hours do not include time to survey center medians orpavement along Central Avenue. Therefore, hours are included only for surveying from the outer curb lines of Central Avenue to approximately I0 ft. past the right-of-way lines, with the exception of the proposed median area north of47thAvenue. K4ad�lan curb lines will bmdnmwn[nto the project base map by tracing the aerial photo. Should improvements tothe existing medians be required, additional topographic survey could be provided osao additional service. The topographic survey will be used to create tbe project base map, which will include ,i0ht-of-vvay limits and private utility information based on field mmrkjngs and mapping :ooeived. Geunctrics fortho proposed sidewalk iitiU the determined, ms weUay|oomtonslor the proposed street/pedestrian light poles Aphotomeido analysis */0bc performed, tmensueappropriate Ughting( eve |saredssijr,nndiusoco/-dunoewithCNyand |ndustry standards. We cvordinste with >{celEnen:,.;y to ost bUsh the (ocabunofandacbic.al locahon that will en-able future |ightirvg expansion. The vehicleand pedestrian lighting oystcmwU|beues}p,nedto the City'y standaodstocreatmuunifonn|nokthooug,huuttheuommunitty. It isaniinipmt�d that the oxIlsbn8rghtmf-xaa,*�! will bP. adequate for the Should addi�ono|r��ht��-wmy/punnane�temsemontsmeneeded, SEH would. prepare legal descriptions andaketohesas needed to assist the City inobt,�\ninq,,, the needed land usmo aIdditiona\serv|oe. SHORT sLL/orT*smox/onaomINC. 2 Tower Avenue Reconstruction Project -City mSuperior, Wis. The ueooffederafundinrequiresde development of an envi,romne tit a Ine-vie to do cumeir itdheimpmvemonts and social, economic. and environmental impacts and benefits. The efforts yorUiapnjedwiUinniode000njinsihrnwith 1AnDOT State Aid - andthoFedemlHighmmyAdministna-don (if needed) toveert toward and obtain project approvals. The nomp|sUuoufUhiu task isbezedenth.e f(,8mwingeaoumptiuns: • SEH will be responsible for leading all the necessary social, economic and environmental analysis. • itis our understanding that threatened and endangered (T&E) species are not readily known within proximity of the project and no special studies are anticipated. • Nn Phase | contaminated property work is anticipated for the proposed improvements. *lanning work done in Columbia Heights, as demonstrated Vy the successful fn-place corridor projects - achieved 3 CENTRAL AVENUE SAFETY IMPROVEMENTS through the City's Architectural Design guidelines. Webase our approach on several primary objectives: • Build upon previous planning work • Engage stakeholders ino creative process of place making • Bring forward our experiences on similar projects • Expand our understanding of safety issues tuevaluate opportunities through creative site and context analysis • Deve|opaieooib)e project ainebeg?ythatidentifies priorities and potential project staging that iurealistic and acceptable to the community The aesthetic planning process must combine vision and communication to achieve its goals. We view our work as partnering. effort bmtween the corridor dakehoMeos.City nf Columbia Heights and our team - each bringing skills and ideas to the table. Our role iybo facilitate and foster a process nf creative and respectful civic engagement, strategically combining stakeholder input into ucohesive and |napirin,.pTsnfetyinipzvemant project that xeOectouur collective aspirations and needs, Working io collaboration with the project stakeholders, SEH will accomplish the following tasks: • Analyze the existing Central Avenue corridor context and unsafe pedestrian crossing conditions between 47th Street and 48thStreet • Evaluate potential recommendations that are creative, pragmatic and feasible • Provide cost estimates and schematic concept-level design solutions which may include barriers, landscaping and/or decorative fencing in the 47thto4gthStreet Should the City elect to move forward with aesthetic treatments, Kis our understanding that a separate fee will be negotiated for the design and construction administration for these services. coordination meetings and Council workshops as described in the RFP in order to review and discuss the proposed Because the hnprovennmnt are alsu(nten6edbuseneas* meat-is of enhancing the visual appeal ofU�cc,�0(4or, jn�/Ohlirg the public early in the de-sign pmcessto gather �edbac,,mn pmzpomed options will berddcm|tpdcWeringnsuccessful Project. SEH will also coordinate with all utUtye�mpmn}ea�Kb lkpctitlesbcmtadwithinthsoonatructionUmhstndatermima Once preliminary lighting and sidewalk layouts have been detennhed and reviewed with Cby.staff, 8EHwill incorporate this preliminary design information into adraft Level 2 Layout and submit toKHnD0T for review, Upon receiving comments, SEH will revise the Level 2 Layout mo necessary and submit afina|version for reviovwapprovai. After receiving yWnDOT approval of the Level 2Layuut construction plans will be prepared in accordance with MnDOT State Aid Standards, Draft plans (+/-7D96). Specifications and Eng,{neer'sEstimLbe will boSubmitted toKXnDOT arid the City for review, SEH will attend aCouncil workshop/public meeting tu gather input from the public. Review comments and public input will be incorporated into thyfinaibidding documentswhiohmU|besobm|ttedfor approval/signatures. Bidding Services SEH will prepare and submit the Advertisement for Bid, distribute bidding documents, respond ho bidder's questions am" issue Addsnduif needed. StaO will elsoattond the bid opening, tabulate the bids, complete a contractor reference check, prepare a recommendation for award letter, and prepare/distribute contract documents. SEH will prepare and submit permit applications for review by MnDOT and Anoka County. It is assumed that the City will pay any required permit fees. SEH handle all aspects related toconstruction services, including administration, staking, and construction observation. Hours arid expenses included 1n the fee schedule are estimates only - the actual extent and number of personnel required will be determined as the project d�ts8zand areiina\\zed. SEH will serve es the City's professional representative at the project site, aa well as the primary point of contact with the contractor and business owners. This will include the following tasks: • Submit necessary documentation toMnD[D'tocomply with Delegated Contracting Pn00000(DCp)naqubrenaants • Coordinate the praconstnuction and weekly construction meetings ^ Review shop drawings • Coordinate with agencies regarding applicable permits • Prepare monthly status and budget updates for the City • Prepare and review monthly payment applications for the contractor • Prepare change order/supplemental agreements os required Staking Our field representative will coordinate oontocborstaking requests with SEH'a survey department to ensure that staking needs are met. Anticipated staking tasks include providing hght-of-way stakes, proposed light pole locations, proposed pedestrian xampa. and curb ofiset Stakes for proposed raised median north of47thAvenue. 8EH's resident project representative (RPR) will act asthe engineer's representative at the site and will act as directed by, and under the supervision of, the engineer, The RPRwill act os the liaison with the contractor. working principally through the contractor's superintendent, Other duties ofthe RPR will include the following: • Observing the work to ensure compliance with the construction documents • Scheduling material sampling/testing with ~ Prepuhn����/e�eNyd�r�ydn�uneniin��anckan�es • Ensuring that wo�,.-;c,mplFancemequirom*otsansbeingmet • Inspecting erosion control devices for compliance with the SYVppp SHORT suImTT*swmmcxaowINC. 4 'Z7 \ \ \ \ \\ \ \� \ \\ \ \ \ \ \\ \ \ \ \ \ \\ \ \ \ \ \ \� » \ \ \\ \� \ 6005 \ \ \ \\ \\ � \\ \ \ \ \\ SEH has assembled an experienced te, the knowledge and expertise to help the City in meeting the goals and objectives ofthe Central Avenue Safety Improvements project. Team members have performed similar work on recent projects in surrounding communities throughout the region. Resumes for key tearn members are included in the Appendix. We look forward to working with the City on this exciting project. Bass Lake Road - City of Brooklyn Center TH 8 - City of Lindstrom Cascade Avenue - City of River Falls City Center Drive - City of Vadnais Heights HSIP Intersection Lighting - Le Sueur County FY15 HSIP Lighting - Le Sueur County HSIP TH 13/Scott CR 89 - Le Sueur C ounty MNPLS HSIP 2015 Projects - City of Minneapolis CR E Lighting Improvements - Vadnais Heights TH 53 Relocation - City of Virginia TH 7/Louisiana - City of St Louis Park/MnDOT TH 35/CR H - Arden Hills/Mounds View/MnDOT—,. TH 23/Saratoga -Clitiy of Niarshall TH 15/33rd St - C4 of St Cloud/MnDOT TH 61/97 - MnD(--'T TH 10/CSAH 3 - Sauk Rapids/MnDOT TH 15/C'SAH 120 Lighting - MnDOT TH 36 Lift Bridge Electric & Lighting - Stillwater/MnDOT TH 35 Tower Ave - City of Superior/WiDOT TH 2/169 - City of Grand Rapids TH 361 Turnback - City of Rush City Minnehaha Ave - City of Minneapolis/Hennepin County CR 615hady Oak Rd - City nf Minnetonka Hiawatha LRT Bike Trail Lighting - Minneapolis/Metro Transit TH 101/CSAH 61 - Carver County 7 CENTRAL AVENUE SAFETY IMPROVEMENTS River Falls, Wis. The project involved complete reconstruction of all streets and underground utilities along Cascade Avenue from Spruce Street ho Sixth Street ombehalf of the University uf Wisconsin-River Falls, City cf River Falls, and VVisD[r[ SEH's solution involved ohmnna|izing pedestrians stkey locations, creating o median for pedestrian refuge, and increasing lighting levels to improve visibility. The project involved constructing advanced stormwatmr features tu max{mizm storm wste/ infiltration, aesthetic treetmentssuch as natural brick and limestone, University sign monumonts, vegetated medians using ornamental grasses tominimize mid-block crossings, and natural brick pavement treatments Bass Lake Road (CSAH 10) and Xerxes Avenue Streetscape SEH urban designers and en�|neec:asuistsd the City and area otakeholdersin the development o8w multi- phased stneetsoapeenhanoemantp|anyorepp/oxmobak/ 2rn}<esoturbmnthurouzhla�c within the City's primary connnneroia|d}st/-ict. The prui*cL included new design and ounsto'lctionofsidewxa|ks. trails, |igthting. transit facilities and the conVC�T'sionof center nnediuos into decorative, This project consisted uf designing and constructing new roadways through challenging Qeoteohnica| conditions, new storm sewer facilities, curb and gutter, concrete sidewalk/ pedestrianramps.traffic a nu' installation of street lighting. The project also involved contaminated soil nymod|at|mn` wetland mitigation, right-nFway acquisition and watershed coordination. |noddition. extensive coordination with private utility companies and abutting business owners was required, os well as review and approval byRamsey County and MnDOT State Aid. Reference: Reid Wronaki DPW/City Engineer City of River Falls 222 Lewis Street | River Falls, YV|54O22 rwronski@dbity.urQ|7I6,425-OgOD Steve U|leh ug,PE ChyEngineer/Dnector of Public Works 63Ol Shingle Creek Parkway | Brooklyn Center, K8N5543D Slil!ehaug@ci brooklyn- center. m n. us 176&569,3340 Reference; Mark Graham, PE City Engineer/Director of Public Service 8OO East County Road EIVmdnais Heights, K4N55127 Mork.graham@cityvudnaisheightm.corn 1651.204.6050 SHORT szuorrHcwon/cxoomINC. 8 Billing rates for proposed team members are included in the Work Plan. Should unforeseen circumstances arrive, SEH has a wide range of experts in a multitude of disciplines. The cnarl, at right shows the 1101-firl.v WIlingrange for various staff classificatiolis, should axiditinnal staff resources be needed. The old adage "you get what you pay for" rings true regardless of the state of the economy. As you know, not 411 conzuithig firms are the same—there may be distinct diff ea ricer in how each fire de-livers z project—and in how each firni bl;ls for those services. 141e, continue to Fdvi3e cur clients to be mindful of the value they receive from, their professional consultants - value that may extend beyond a billing cycle, even after the dust of a construction project settle& Staff s0arir-s do not vary y greaUy from firm to firm, therefore 1n tha e od ever? though there may be differences i ri Jivo-r firms bill, the cost ofsinill-�riy scored Sher k and sin-ii1arly e�periencO- staff will be cornpetitive. SEH continues to work towards the goal of providing the best over7,11 vnlu� for our cli•^ rLi, VVe have mode signiocant, cons,- len doos tif'iorts to create F. multi-disciplined company which continues to provide a wide range of technical services to meet the demands of our clients. We have been serving our public partners for over 80 years, and we are committed to prcvid;nc,-, inriDvativeand cosL Mifer-tivc solutlonnF for tile City of Columbia Heights, 4asgig mm, `jig, ANIF �� �g an 'a L Vehicle Mileage Rates .. ...... .. . $0.54/Mile Vehicle Allowance Costs Residenteroject Representative Survey and Field Vehicle $13 00/day $4 50/hour + $0,54/mile ipment al Station Principal tioning System (GPS) JC$15C }.00 - $185.00 Project Manager L$11�000 - $175.00 Senior Project Specialist Senior Project Engineer i $130 00 - $175,00 -o- - $175.00 $1E0 Project Engineer a i-� SEH usz,-, many diiffterfinkk typcs of inquipmr-Ant, such �s traffic couriers; fiv,,i me,ers; air, .water, and soil sampling ',-,Its; Inspection canic,ras, density meters; and many others. OUr equipment is freq we f itly upgraded to ixt"Al7e current technology. You will be charged for equipment usago per your agreement wi'Lh SEH. Rates are subject to change. 9 CENTRAL AVENUE SAFETY IMPROVEMENTS (1)"f he acitual mto ch--,r gt is dRln-cn&,IL upon fi ic hourly r^ the ernployre cosigned 11 thp,, praj� c-L.Th-r rates shovjinsire s,L!1)1'1d to chang: . EffectivL,:Jan-,ti.3t-yl,201,C-; I Expin4s: Deci�mber3l.,2016 OFFMMMEN ICE STAFF Principal JC$15C }.00 - $185.00 Project Manager L$11�000 - $175.00 Senior Project Specialist Senior Project Engineer i $130 00 - $175,00 -o- - $175.00 $1E0 Project Engineer $90-00 - $145.00 1 Staff Nigineer $JJT00-- Senior Project Architect $110 00 - $175000 Project Architect $90-00- $140.00 Sta,", Arrhitect $70.00 - $.UO,00 Senior Project Scientist $100,00 - Mom Project Scientist $7000 - $115.00 4 Stalf Scientist 0,00 - $90.00 Senior Project Planner -.-.--- Project Planner 1 $100-00 - $175-00 $90.00- $135.00 Staff Piannpr $70.00 - $90W Project GIS Analyst $70.00 - $140.00 Lead Technician Senior $90.00 - $140.00-1 Technician $75.0-0 - $120.02___J Technician $65.00 - $95.00 Word Processor 5. -$75.00 General Clerical $45W - $70,00 Graphic Designers —pv $80,00 - $100.00 i FIELD STAFF Licensed Land Surveyor 1$100.00- $140,00 Lead Project Representative $90.00 -$140,00 Sr Project Representative $75.00- $12(7100 Project Representative $65Z0 - $100.0 --Survey Crew Chief $70.00 - $115.00 Survey Instrument Operator $55L0 - $85.00 1. -- --------------------- - - J (1)"f he acitual mto ch--,r gt is dRln-cn&,IL upon fi ic hourly r^ the ernployre cosigned 11 thp,, praj� c-L.Th-r rates shovjinsire s,L!1)1'1d to chang: . EffectivL,:Jan-,ti.3t-yl,201,C-; I Expin4s: Deci�mber3l.,2016 Based on the components of the RFP and Addenda 1-2, below isa summary ofSEH's estimated fees for preliminary desig\iind design and construction services. Axest|mete of personnel hours for each task and aubtaskis contained /n the Work Plan in the Appendix. '-1 J SEHyhmres the City's oontinwedhnviastnmmtinimproving, safety tofurthorpreventvah'de-to'padesLn�nandvehicie' ��bcleaucidentsnnCe��Mer -,.ue.Dn�nbythot investment and our understanding nf the unique equirernmnLs of this project, we are confident "that thaC|iy will benefit from sm|autingSEH.bi8hUZhtedby the following factors: • Our team will deliver creative solutions for pedestrians that both improve safety and contribute to the aesthetics of Central Avenue aoa gateway to the community, • SEH'o experience with federal aid projects positions our team to seamlessly handle the federal aid process and the MnDOT requirements for this project. • Our strength ln lighting design means that the end result for the City will be lighting solutions that are mointenanoe-fhend|y and K0nDOT approved while contributing tosafety improvements in the area. • We are committed tom thorough public involvement process to inform citizens and business owners togain consent and ensure that the community is invested inthe project. The SEH team looks forward tm the opportunity towork together with the- City ofCoumiim Heights tm find creative and effective solutions to improve safe�ty on Central Avenue. SHORT sLuorrxswnn/oxaoniwu 10 P7incipa|/Senior Project Manager Me Mason is a project manager with extensive project management and design experience on a variety of civil engineering projects, ranging from municipal street and utility projects to urban design of four-lane divided roadways. Sue's projects include utility design for sanitary sewers, trunk sanitary sewers, water mains, storm drainage and trails. Her design experience includes new construction, pavement rehabilitation and reconstruction, municipal, Federal Aid, Municipal State Aid and Mn DOT Cooperative Agreement projects, Sue is experienced ina|iphaseoofmpn8ecthnnnpe|irninarystudiaythroughobsenmtionof000struo±}on. She routinely provides proje& management on multi-disciplined projects involving public involvement, coordination of public and private utilities, governmental agencies, and other internal design groups. EXPERIENCE CSAH 10 Bass Lake Road and Xerxes Avenue Streetscape (City of Brooklyn Center) — Brooklyn Center, Minn. Project r-namager for the iinal design, of thistederally funded project. The City of Brooklyn Center received American Recover and Reinvestment Act funding for the project. Each signal revision and intersection included provisions for ADA compliant push buttons and countdown time.1 pedestrian indicators, SEH worked closely with Hennepin Courity ope ro.) tions staff to make safer, enargy~mfficient and pedestrian friendly upgrades. The project included the desiQnof\nnovativoatornnwaternnanagnmentinkaatructoreusin8emisting|argemediansin the roadway. 10yI3g Broadway Avenue Corridor Study (City of Rochester) —Rouhester, Minn. This project involved working with "he City to develop a Capital Improvement Plan that provides for the conversion ofBmudwayAvanuebzeoomp|etestneetvvithpmvisiuns foriropnmedbioycieandpedasthan|ociUtiosandprnvidos!ortime|yendcost'e@autiva investment of limited funds for the near and long term. CS4H4 Broadway Avenue North and Osbrum Trail North Reconstruction and Rehabilitation —Washington County — CityofMahnecmSt.Cmix, Minn. CSAH 4 is in Historic Marine on St, Croix, adjacent to Mill Stream, a protected trout stream, requiring the project team to work closely with the County and City to protect, preserve and enhance the natural and cultural environment of the corridor. The proposed project includes pavement rehabilitation on Ostrum Trail North, a rural stretch of road that is adjacent to William O'Brien State Park, and reconstruction of Broadway Avenue from TH 95 to Ostrum ToaH NlorLh. The 5EH iasmo|sCunant|yuomP|etinQ final dayikndmoumentu for this pnijezi. rump|�tedpns{im|narydeai0nin the spring of2DI5. The pro||m}narydesi8neffort included a vigorous public involvement process that vetted alternates that included rural and urban typical sections, pedestrians connections, and ultimately acceptance of a hybrid approach. SEH prepared a subwatershed study, received approval for a roadway variance from Mn/DOT and has worked closely with the watershed district to employ water quality improvements along the corridor, SEH OFFICE LOCATION St. Paul, Minn. EDUCATION 800heluofSdenn Civil Engineering University of Minnesota- Minneapolis. Institute of Technology (1983) CERTIFICATIONS Professional Engineer in Minnesota PROFESSIONAL ASSOCIATIONS American Public Works Association, Member City Engineers Association of Minnesota, Member Minnesota Environmental Initiative, Member SHORT sLL/oTT*swon/uxaomINC. Al CSAH 17/Lake Elmo Downtown Huset Parkway Area Improvements (City of Columbia Heights) _ Columbia Heights, Minn. projectmanoGrn/ for ,eccnsbuc Lion cfoWunkcfpa StaLe Aid Slmyetin the middico[a8nownDeNaedavm)opmeotU1sd encompasses about 20-acres. Sue was responsible for the close coordination with the developer, builder, private utilities and the City's environmental consultant. The project included the replacement and upgrade of sanitary sewer, water main, two storm sewer treatment ponds, upgraded storm sewer, street reconstruction and extensive landscaping. The project also included working with the City's environmental consultant to remove contaminated material from beneath the roadway and maintaining coordination between the developer, builder and multiple contractors working un site cleanup. Reconstruction (Washington County Department o[ Transportation) — Lake Elmo, Minn. Project manager for the preliminary design, environmental documentation and regional drainage study in conjunction with proposed improvements along CSAH17 between 30th Street and TH5. including several local streets. Washington County in cooperation with the City of Lake Elmo moved forward with sanitary sewer extension, water main replacement, storm sewer upgrades. regional drainage accommodations, pedestrian facility upgrades, landscape improvements and roadway reconstruction occurring m two phases (2u15 and 2016construct|on). CSAH2I/28 Realignment (Washington County Department of Transportation) — Oak Park Heights, Minn. Washington County was prepared for the realignment of CSAH 21 since the inception of the TH 36 Bridge Crossing Project, Due to dielays, the project vvzis pushed off. Tlie project evolved to includ,;, the-;?,nmIySiS Of ITIWINPie ill he, sect icn opljons and required strict coordination with the TH35 design-build project, Marquette and 2nd Avenue ?ramsitway(URS Corporation) — Minneapolis, Minn. r7as|gn|eadmn this very,-�Larpssivesohedu|e.vvhinhiockidedfinal deslTn for one mi�emChmr fvianluette AmenoeSuuthond 2nd Avenue South in downtown Minneapolis. Sue was part of the consultant team of URS and SEH that produced a plan that aot!��fiedffin Urban Partna/uhipAgraemeni Funding oohedu(a requirements in just ninexms�«s.The new tnansihvaytriples boo oity`viflhill dmvnbzwmcn/c F,ndnadu:eaytornxwaterrun-of F, proteuting.,Lha MissiauippiRi*eraswa|| -cis inc/casing growth of healthy trees. Pelham Business Center Redevelopment (Saint Paul Port Authority) — St. Paul, Minn. Project involved removing all contaminated materials and soils on site and providing o clean, developable site for mfuture buyer. Project required coordination with the Minnesota Pollution Control Agency, Watershed, City and extensive private utility coordination. Harold Avenue Reconstruction (City mf Golden Valley) — Golden Valley, Minn. Improvements included repairs/replacements of public utilities including water main, storm sewer and sanitary sewer systems. Street reconstruction consisted of vertical alignment changes, sub cuts, new curb and gutter, retaining walls, |iqh1,v�ei.ghLe,,:,,@reggae fill sections andam&,vro!�ldwmysection. This project invo�jved ieqoantuoordimztiunv/iM-t[heCi(v developers, and residents during the design process to incorporate the design needs of the community and minimize impacts for construction. Owasso Street, County Road E and Victoria Street Reconstruction (City of Shoreview) — Shoreview, Minn. The project involved realigning an existing road and adding turn lanes to two county roads. The railroad crossing and signal railroad crossing issues, Pavement Management Program 1990-2016 (City of Golden Valley) — Golden Valley, Minn. Multi-year program of improvements to residential streets consisting of repairs/replacements of public utilities including water main storm sewer and sanitary sewer t A2 CENTRAL AVENUE SAFETY IMPROVEMENTS S901 0. HOUot PE Mr. Haupt is a project engineer/manager with experience in design, inspection, and management of municipal and highway projects. Scott has worked on projects involving water main, sanitary sewer, storm sewer, street construction and MnDOT Municipal State Aid. His responsibilities include preparing feasibility reports, construction plans, snecificaLions. cost estimates, bidding documents, client coordination, attending city council meetings and construction administration, EXPERIENCE City ufVadnais Heights) — \adnaisHeightaKWmx Project manager for the design and construction of 1300 feet of new city streets. Soot led and coordinated design team for the improvements, which consisted of designing and constructing new roadways through challenging geotonhnioe| conditions. new storm sewer fiaoUtins.Curband autter, cancre-te sidewalk, traffic signal revisions and installation o'i street lighting, The project also involved contaminated soil remediation, wetland mitigation, right- of-way acquisition and watershed coordination. In addition, coordination was required with private utility companies, and required review and approval by Ramsey County and MnDOT State Aid, 20O8-206 Street improvements (City of Cambdge) — Cambridge,NDnu Project manager/engineer for numerous projects involving the reconstruction of over 10 miles of City streets. Scott was responsible for leading and coordinating the design teams for the improvements which consisted of replacement of water main, sanitary sewer and storm sewer facilities, as well as reconstruction of the roadway, curb and gutter, concrete sidewalk and installation of new street lighting. The projects involved coordination with environmental regulatory agencies, private utility companies and required review and approval by MnDOT State Aid. 2OI3-2OI6 Street Improvements (City mf\adoais Heights) —Vadnmis Heights, Minn. Project manager for the design and construction of the rehabilitation of over 23 miles ofCity streets. Scott led and coordinated all aspects od the projects which consisted of public utility improvements, bituminous reclamation and curb and gutter repair. The projects involved coordination with private utility companies, Ramsey County and the City of Vadnais Heights. 50th Street North Trail (City ofOakdale— Oakdale.Min Project engineer on a 0,5 mile Federal Aid trail. Scott designed and coordinated all aspects of imp/uvemonts.Th���u4act�onsisLedo1sLorm sewer, stonnvi_:Aer infiltration basin, grading, retaining walls, wetland impacts and construction of a paved trail. Project involved extensive coordination with MnDOT, Washington County and private utility companies. Normanda|e Neighborhood Roadway Improvements (City of Edina) — Edina, Minn. This project involved roadway improvements, water main trunk pipe via horizontal directional drilling, reconstruction of sanitary sewer trunk and service pipe via cured-in-place pipe liner, structural manhole wall rehabilitations, existing storm sewer network extensions and sturniwater runoff tneatmeot/nanhoio� and stremtssction reconstruction ((eatunn0 conventional aggregate base, bituminous paving and inclusion of curb and gutter). 8EH OFFICE LOCATION St. Paul. Minn. EDUCATION Bachelor of Science Civil Engineering University of CERTIFICATIONS Professional Engineer in Minnesota and Wisconsin PROFESSIONAL ASSOCIATIONS City Engineers Association ov Minnesota, Member SHORT ELLIOTT HENDMCKSON INC. A3 Metro Transit Cold Storage Building (Metropolitan Council Metro Transit) — Minneapolis, Minn. Senior project engineer who coordinated the site design team for the improvements, This project consisted of contaminated soil remedlation, new storm sewer facilities, curb and gutter, landscaping and site lighting, The project also involved environmental remediation/permitting, coordination/permitting with the City of Minneapolis and coordination with Metro Transit. StmnemiU Farms 15th Addition Utility and Street Improvements (City mf Woodbury) — Woodbury, Minn. Project Manager for the preparation of the preliminary report, design, and construction of utility and street improvements for a six acre residential subdivision. Scott led and coordinated the design and managed construction, which included the installation of new public utilities and streets, coordination with private utilities, and the developer, The project involved review and approval by the City ofWoodbury. Cub Foods Reb-offlt and Site �I/nprovamentsQnYam1Re,,-,IEst-4te0�rpmnmt:on)—Oakdale, JA111o. Senior project engineer who coordinated all aspects of the civil site design which included the design of a new pharmacy drive-thru aisle, truck turnaround area, islands, utility improvements, retaining wall, sidewalk and landscaping. The project also included the design of stormwater BMPs and required coordination/permit from the local watershed, and required review and approval by the City ofOakdale. Opportunity Boulevard/2nd Avenue Southeast Improvements (City of Cambridge) — Cambridge, Minn. Project manager for 0.3 mile of urban widening/ reconstruction of two commercial city streets in conjunction with MnDOT's adjacent THg5 project. Scott managed design team for the improvements, which included storm sewer, roadway widening, oonutrnc{|onsiaghi p.gradh-i oubaradecomoctiom.ourbomd�u ter, sidawa|k/tmiLtraUict;i,gna|sonJsb .Pnoiect involved extensive coordination with business owners, private utility companies and MnDOT to meet the project's a8gmeniwa schedule, Weir Drive Street Improvement Project (City of Woudbury) — WoodburKKHinn. Project engineer for 0.5 mile of urban rehabilitation of Weir Drive, Scott led design team. Project involved storm sewer repairs, minor roadway widening, curb and gutter repairs and pavement rehabilitation. Coordination with businesses throughout the design process was required to successfully design and construct this project. A4 CENTRAL AVENUE SAFETY IMPROVEMENTS , INM� Mr. Taillon has experience in a wide variety of outdoor lighting projects for government agencies across the upper Midwest. Ken's work focuses on roadway lighting for state highways, commercial and residential areas, downtown streetscapes, and lighting for parks, parking lots and sports facilities. His areas of expertise include lighting planning and policy deve{mpmept.design.vpwcificaUnns. construction obsenmt�'on,mciuipmeentphotomethcand mechanical evaluation, intelligent lighting management systems, solid state (LED) lighting equipment, and addressing operation and maintenance issues. EXPERIENCE Bass Lake Road (CSAM1D) and Xerxes Avenue Streetscape (CityofBrodkhmOenter) - Brooklyn Center, Minn. Designed lighting and electrical system for thematic street lighting along an approximately two mile urban thoroughfare within the City's primary commercial district. City Center Drive Extension (City cfVadmais Heights) -Vadnabe Heights, Minn. Lighting and electrical designer for decorative LED street tights along two new urban City streets through previously undewe|opedparce|s.Prcjoctinvolved3Ofootpmleeforvomdway lighting and 16 foot poles for pedestrian lighting, Ken designed the system for future expansion onan abutting City street. TH 7 and Louisiana Avenue Interchange and Roundabouts (MnDOT Metro District) - St. Louis Park, Minn. Lighting and electrical designer for electrical and lighting design for a MnDOTintmnuhange system along with a decorative lighting system necessary to illuminate two roundabout ramp terminals and an adjacent roundabout. Ken designed the system which incorporated LED roadway lighting equipment and specialty luminaries necessary to illuminate architectural features on the bridge piers and slope walls. Downtown Streetscape improvements - Village of Osceola, Wis. Lighting designer on the historic downtown improvements including six blocks of urban madway, Ken led the design for a decorative lighting system incorporating historic 30 ft. poles for roadway lighting and 16 ft. pedestrian level poles. System inc!uded festoon receptacles for seasonal lighting and banner arms. This project won the 2OO6 America's Crown Community Project Award from American City and County, Osceola also received the 2007 Wisconsin American Council of Engineering Companies (ACEC) Engineering Excellence Award. Downtown Lighting Improvements - Village of Frederic, Wis. Lighting designer for a decorative lighting installation along two intersecting commercial roadways. Ken prepared construction documents for the design which incorporated a new lighting system with numerous existing tighting circuits and accommodates future system expansion. County Highway 15, Downtown Streetscapw- City of Hutchinson, Minn. Lighting designer ofastreetsoape lighting system utilizing 3O ft. overhead, and l8ft. pedestrian level historic lighting standards. The taller poles incorporated a mid-pole mounted acorn luminalre. Ken provided design and construction of the lighting system which was coordinated with the installation of intricately designed and colored concrete sidewalk panels. SEH OFFICE LOCATION St. Paul, Minn. Bachelor of Applied Science Industrial Technology (Electronics, Management) Un|msshy of Minnesota-Duluth (1984) CERTIFICATIONS Signal and Lighting x.Design and Inspection, Minnesota Department of Tronspo-tation (MnooD PROFESSIONAL ASSOCIATIONS Illuminating Engineering Society (IES), Member Vaun isHeightsPlanninQ Commission, Formermember SHORT sLuOTTnswon/unaOw INC. *s Legacy Village Business Development Lighting — Lino Lakes, Minn. Project manager for a streetscape project which incorporated decorative roadway and roundabout lighting, power for a water feature, festival power, tree up-lighting and receptacles, and irrigated pole-mounted plant hanger baskets. Keo provided lighting design, project management and construction observation. The project ran concurrently with separate road construction and landscaping projects, DSH2 Reconstruction — City of Ashland, Wis. Lighting designer for project which included 7,200 ft. of roadway reconstruction, signal reconstruction, and the incorporation ofan pedestrian crossing flasher aystum. Ken provided lighting deaigtyn.inoorporntin�decor���a roadway lighting, festival power, festoon receptacles, pedestrian underpass and trail lighting, and irrigated pole-mounted plant hanger baskets, Heart ofthe City Electrical Improvements — City of Burnsville, Minn. Lighting desig')err�nUnsinsboUa�ion and mconfiQucmbono(se/-vicucabinstsoudundergz�round circuiting hn»{n�acapar�iyof almost 2,000 amps of power for roadway lighting, and predominately seasonal tree lighting. Ken provided electrical design, project management, and construction observation for the renovation of existing tree-receptacle seasonal lighting system. Downtown Redevelopment — City nf Cambridge, Minn. Lighting designer on the on the downtown redevelopment project, Ken prepared construction documents for the installation ofmu|tl-fbturedecorMc|vemodvmoykphtytondards(nc�rpomtin festoon recspten|am arid speukaromnductmr/nroausons| lighting and music. Innovative tree lighting receptacle stanchions were incorporated into decorative tree grates. Field/Regina Residential Street Lighting — City of Minneapolis, Minn. Project manager of a stand-alone residential street lighting project involving the installation of over 700 decorative light poles and having construction costs of over $3 million. Ken was responsible for the design including complete construction document preparation, project administration, and construction observation. Waite Avenue Stmeetswape— City of Waite Park, Minn. Lighting designer on the lighting system utilizing 30 ft. overhead, 14 ft. pedestrian level decorative light units, and roadway and signal construction. Ken provided lighting design and construction documents for a system which included pole-mounted festoon receptacles and irrigated pole-mounted plant hanger baskets. Lowry Hill East, Low-Level Lighting — City mf Minneapolis, Minn. Project manager of a stand-alone residential street lighting project involving the installation of over 250 decorative light poles having construction costs of over $1.5 million, Ken was responsible for the design and construction administration. Project involved complete construction document preparation, construction observation and administration, and lighting circuit locating services. A6 CENTRAL AVENUE SAFETY IMPROVEMENTS Karl WelssonbOril LA, CLARW Senior landscape architect Mr. Weissenbornis a senior landscape architect and project manager with extensive experience in both public and private practice, leading interdisciplinary professionals to successfu|!y deliver coi-, /p|ex projects, Karl iyprufukant at developing d|fOoult and fiscally comArained project's, from. prelitv-,in@ry planning stages through deiailed firial design. He is also skilled with stakeholder facilitation and consensus building, environmental documentation, and mitigation strategies. Karl was a senior landscape architect at MnDOT for l7 years leading and delivering similar stneotmoepe safety projects. EXPERIENCE Northfield TH3and 3rd Street intersection and Straetsuupe(CityofNnrthfield) - Northfield, Minn. �"r Landscape Architect forthesafety street improvement project. K�jrlvvas responsibleior tending schernatic concept creation, design development and construction clOCUrnents. The main goal. 6 thls Project %,;_ls to improve safetj for pedestrians crossing this major intersection, just I block ivarn Nortlif ield's Miain Street. SEH createda design for this fl ill movement intersLction three-gUarter moverrient, eliminating certain turning movements to motorists. Lighting dessi�/�aodot/*ei�oa��elemontsof0noe��one�Jockebu|n|n�waUy.Umestone veneer smabn� sa(bsndp!antin8 beds, which were crecYtsd around xplmzu space that may hold futurepubUc ar1wu/k.LimostmiabuUardyspdhu!b'ou,podesthan|undingsxmmdmai.onedtoprovideasa;er pnsui,`g for pedestrtunsaud additional traffic calming, cues for motorists 10th Street Landscaping and Streetscape (City of Oakdale) - Oakdale, Minn. Senior Landscape Architect on the street reconstruction project. Karl was responsible for providing design development and construction documents for center median and boulevard |ancisuapiogthm This pn4eot was ahey piece nfOakda|e'sinfi|l and commercia! redevelopment initiatives associated with the Tartan Crossing projects and new HyVeastore. Lake Elmo Stmetscape (Washington County) - Lake Elmo, Minn. Lead Landscape Architect for the downtown street reconstruction project. Karl was responsible for the design development for streetscape elements of the project, Thi's downtown street reconstruction project included the complete rebuilding of sidewalks and pedestrian areas. Streetscape elements included street tree landscaping, planting beds, pernne,abk, paving areas, orrsar:entai lighting and pedestrizi-i tmfiic calming cues. Cloquet Landscape and Streetscape Enhancements (City of Cloquet) -Cloquet, Minn. Senior Landscape Architect and Task Lead on landscape improvements for the City. Karl was responsible for coordinating and leading the planning and schematic design development for civic streetscape and TH 33 corridor. This project comprised of a City-wide evaluation and schematic concept development for landscape improvements. St. Croix Crossing Loop Trail and Landscaping (WisDOTNortheest Region) - St. Croix County, Wis. Lead Landscape Architect for this trail project, working tmcomplete a larger trail system, Karl was responsible for leading landscape design, site layout nftroi|heod facilities and da*s|o,,pmeoLoYw:ayfindmg sigr/aggezndtraUarnenibes.T|�,, project consisted ofa6-��iio stretch of highway and separate multi-use trail. The completed trail system creates a continuous loop with Stillwater, Minnesota and continuous loop across the new river crossing bridge and the historic Lift Bridge. SEHOFFxCE LOCATION St. Paul, Minn. Bactimors of Landscape Architecture University of Minnesota-Minneapolis REGISTRATIONS/ CERTIFICATIONS Landscape Architect m ,Minnvrota. Michigan, North Dakota and Iowa oesi8mConstructinn of StormwaterFcIluticr, Prevention Plan (SwpPP)` University ofMinnesota Council ofLandscape Architectural Registration Soards(CLAR5)Cr_�mnsd. Council ofLandscape Architectural Registration aoaods(CLA*B) SHORT sLuoTTaEwoy/nnsowINC. Av Winter Recreation Park (City of Sioux City) — SiouzCity, Iowa Senior Landscape Architect on the Feasibility Study phase of the large winter recreation facility. Karl was responsible for project management support and assessment of site and landscape architecture project features. Thimpnojaotprovdedm completed feasibility study for the winter recreation facility; the study cleared the way for future phases of development. The future phases to be performed by SEH include: site clearing and preparation; design development and construction for Phase I start-up; and design development and construction documents for Phase 11 build-out. Red Wing Bridge Project (NnD0[ District G)— Red Wing, Minn. Senior Landscape Architect and Technical Advisor mn visual quality management for the new THG3 Mississippi River crossing bridge project, approaches and interchange in Red Wing, Karl was responsible for review and technical support of infrastructure design development, including bike and pedestrian facilities. He is working closely with the appointed Visual Quality Advisory Committee and other project stakeholders to develop a stakeholder-accepted design that will avoid, minimize and/or mitigate project impacts, Minimizing impacts to the Red wing's Historic Districts and downtown area are of primary importance to the community and resource protection agencies. TH 61/97 Romndabmut(MnDOT Metro District) — ForeeLakaMinn. SeniorLandsompe Arch )two i ononoondubouthi _g hvmkVdewelopmemt project. Ksdpnx/idedpnelin/inaryandMna>design development for site design elements and corridor and roundabout landscaping. A8 CENTRAL AVENUE SAFETY IMPROVEMENTS Mr. Turrentine is a senior planner with extensive experience in transportation planning, design and research support. Sam's experience includes overseeing the environmental documentation process on numerous transportation improvement projects while ensuring all applicable federal and state requirements are met. EXPERIENCE Hiawatha LRT Trail Lighting Project Memorandum — City of Minneapolis, Minn. Transportation planner led the preparation nfmProject Memorandum for the installation of 90 low-level cedestnfanihghti:gfixtunea on approxma1elyI7 blocks, of the Hiaxa'thaLRTlreU from East 28th Street to11th Avenue South. 24th Street/Near Schools (Citywide) Signals Project Memorandum —Minneapolis, Minn. Transportation planner led the preparation of a Project Memorandum. This project involved the addition of oved-iead t; affic signals at 13 existing signal systenns along, 24th Street from Hennepin Avenue South to 18th Avenue South and at eleven existing signal systems near schools. 35th&36th Streets Signals Project Memorandum — Minneapolis, Minn. Transportation planner led the preparation of a Project Memorandum. This project involved the addition of overhead signals at 12 existing signal systems along the one-way pair of 35th Street and 36th Street between Blaisdell Avenue South and Park Avenue South. Minneapolis Pedestrian Countdown Sign bProject Memurandum — Minneapolis, Minn. Transportation planner ied the preparation of a Project Memorandum. This project involved the installation of pedestrian countdown signals at 38 existing signalized locations. Deer River Safe Routes to School Project Memorandum — Deer River, Minn. Transportation planner led the preparation ofo Project Memorandum. Thispnojectinvohed the construction/reconstruction of sidewalks near King Elementary and Deer River High Schools. Safe Routes tn School Pvojent — GrondRapds,NUmz Transportation planner who led the preparation of a Project Memorandum for the construction of various pedestrian-related improvements. The pedestrian -related improvements included sidewalks, pedestrian curb ramps, crosswalk improvements, pedestrian bunnp-outs.aigna8e and pavement markings. TH 169 Multi-Use Trail Project Memorandum — Grand Rapids, Minn. Transportation planner who led the preparation of a Project Memorandum for the miles of multi-purpose, non- motorized trail. Nine Mile Creek Regional Trail Project Memorandum (Three Rivers Park District) —Edina, Minn. Transportation planner who led the preparation ofaProjeotMemmrandumforthe construction ofa trail. The project involved approximately Z5 miles ofmuUd-purposa. non- motorized trail. SEH OFFICE LOCATION St. Paul, Minn. EDUCATION Master ufArts Urban Planning Minnesota State University-Mankato Bachelor ufArts Environmental Studies Political Science/ Envimnmonta/ Public Policy Pxi|uaonhy/App|/od Ethics University nfMinnesota—Duluth REGISTRATIONS/ CERTIFICATIONS CwrtifiedP|annmrAo`aivan 111etKu1a0�cc*nedp|annurs (A|Cp) PROFESSIONAL ASSOCIATIONS «merican|nsUtuieof CerU0if,¢ Planners (4JCp).Memuer (2011'Preser,0 American Planning Association (Ap«). Member (2V06'present) St. Paul, Minn. EDUCATION ���chCortificae Hennepin Technical College Minneapolis, Minn, |T Civil Engineer University of Minnesota- Minneapolis REGISTRATIONS/ CERTIFICATIONS Construction Staking cqM$�aMon'i—"ve/ hl, National Society of Professional Surveyors (NSPS) Land Survey Technician Hennepin County Survey Crew Chief Mr. Domiano is a senior crew chief with extensive survey experience in a wide variety of preliminary and construction surveys using both TOTAL Stations and GPS instruments. The types of surveys Nick has been involved with include sewer, water, storm sewer, highway, bridge, airport, parking lots, building layouts, section corner breakdowns, aerial survey control and data collection for preliminary plans. Nick has coordinated and surveyed projects with many government agencies including MnDOT, and worked with city and county clients. EXPERIENCE Senior Surveyor for extensive experience in performing searches for original Public Land System corners using government notes. Nick has worked nn numerous projects that involved searching county and state archives for information pertaining to research into Public Land Records for use |n section corner replacement and restoration. Preliminary Data Collectiom — Variou Projects in Minnesota Senior Surveyor for data collection for design purposes. Nick worked on multiple projects including: University of Minnesota parking lots; City of St. Paul Sewer Separation Project, C!am �and/&8ogoh|n| and 0tyof 811. PauCSemerSepusdionPncjeci.Unive,sity/0&niymippi. Bridge and Highway Survey Projects Crew C',)mC/Se:iorSurvayorN/dk|s responsible for manag|n8 operat!uosMor construction layout by preparing necessary information for the successful completion of various projects. Representative projects include: • County Road C. Concrete Paving — Ramsey County, Minn. • TH36ITbnnbock (Now CSAHI and CSAH 30) Bridge No. 13523— Rush City, Minn. • 7th and Cedar, Roadway, and Tunnel Construction — St. Paul, Minn. • CSAHI7 and |-35 Now Interchange (Bridge No. 135I9)—Chise8o County, Minn. • TH36'Rice Street Interchange and Bridge — Ramsey County, Minn, • >-35E/Dmiversity Avenue Sewer Separation Projects in State Capitol Anea — SLPau|. Minn, • 69th Avenue Street Reconstruction and Utilities — Brooklyn Center, Minn. • MnDUT Highway lDO Design Build — Golden Valley, Minn, • Owatonna Bridge over /-35— Owatonna, Minn. Street and Utilities • Market Street — City of Golden Valley, Minn. Metric construction plan staking ` I17thStneat/TH52— City of Inver Grove Heights, Minn. ~ Biscayne Avenue — City uf Rosemount, Minn, ~ Sterling Street Reconstruction and Utilities — City of Maplewood, Minn, ^ WYinnequa Trail and Pond Layout — City uf Golden Valley, Minn, A10 CENTRAL AVENUE SAFETY IMPROVEMENTS ���� U0, AschemanPE Project Engineer/Resident Project Representative Mr. Asuhernonis a project engineer and resident project representative with extensive experience on construction inspections of civil and transportation engineering projects. Cory works as lead resident project representative on multiple types of construction inspections including bridge rehabilitation and widening, pedestrian bridges, street and utility reconstruction, rounclabouts, federal aid trails, ponds, piers and retaining walls. He has been involved in large design-build projects with MnD0T. including grading and base construction, shotcrete repairs, concrete paving, water main, sanitary sewer, storm sewer, asphalt paving and rammed aggregate piers. Cory's responsibilities includes project oversight, quality assurance/quality control, coordination with public and private utilities and adherence of the consiruction process to confirm corripliance with the contrart documents and approved project quality management plans. ���� CSAH49 Reconstruction (Ramsey County) — Ramsey County, Minn. Resident project representative on the county road reconstruction project. Cory inspected the construction of a highly traveled two-lane road, This project included removing the existing pavement section, relocating utilities, installing new water main, water services and stormsswmr. The /nadwav v.-as widened from two lanes to five |oums and a bituminous trail was constructed. It also included the construction of a 1,000 ft. post and plank noise wall and three drainage ponds. CSAH 14, Lincoln Road Reconstruction (Chisago, County Department of Public Works) — ChisugnCounty Minn. Lead resident project representative for a county road reconstruction and partial realignment between Lindstrom and North Branch. Cory was responsible for daily inspections, progress documentation and contract administration, including payments, work orders. change orders, supplemental agreements and others related to state and federal aid, The 3,5-mIte county road project included removing the old road section and constructing a new two lane bituminous road with wider shoulders, turn lanes, bypass lanes and improved vertical and horizontal curves. Two retention ponds are the main feature of the updated storm system. CSAH 01ifflay Rued/Pehn Road Improvements (0ako1a County) — Eagan, Dakota County, Minn. Leodreyku-`m/tpx8actrspreseniatwetoranintmsectimnandbitum}noumt/oi}improvamant proiec � l�Curyasoespunsibleforda|;yinsp�cdons.pt-u8/esudocumsniati::aodcuotraut inc|udiog urda/s^ohmngaordeps. supplemental agreements and others related brSLuteAid. This p/niectinn|odednap|aoh��a traditional four may stop a IT�1t.iiii[Fwos, voundaboutand the construction of 1/2-rnile, of bituminous trails. CSAH 49 Federal Aid Trail (City of Shoreview) — Shoreview, Minn. along the west side CSAH 49. Cory performed construction inspection which included relocating telephone poles, storm sewer work, muck excavation 'through a swamp and SEH OFFICE LOCATION St. Paul, Minn. Bachelor ofScience Civil Engineering University of Minnesota-Minneapolis Bachelor ofScience Construction Management Minor m Business Management University ofWisconsin-Stout Menomonie.wis. REGISTRATIONS/ CERTIFICATIONS Professional Engineer in Minnesota Minnesota Department of Tranop"rtauon(mnDOT) Cv;rtiornuuos Bridge Inspection Team Leader (#xB10140). Aggregate Production (#11304 2013) Bituminous Street | and || (#11304, 2011) Bridge Construction / and || (#11304, 2011) Concrete Field | and ||(#l13O4 2013) Grading and Base / and || (#11304.2084) Signal and Lighting Installation (#l0O3O) SHORT ELLIOTT HENDRICKSON INC. All 5-01FIR-IMEW General Education Crown College St. Bonlfacius, Minn. General Education Normandale Community College Bloomington, Minn. REGISTRATIONS/ CERTIFICATIONS Minnesota Department of Transportation (MnDOT) CertfflciiVtlis: Bituminous Street Concrete Field I and H Erosion and Storm water Construction Site Management 4th Avenue Signal and Sidewalk Improvements (City of Minneapolis) — Minneapolis, Minn. Inspector for the replacement of traffic Signals, pedestrie.n riartips, and concrel-esidevialk, in accordance with City of Minneapolis and MnDOT requirements, Project required completion of MnDOT ADA forms for pedestrian ramp improvements. Involved coordination with Metro iramsit, private utilities, busifjzss ovine s, and the City of k4inneapolispublic 7,,or',<s jqPaff. Arden Park (City of Edina) — Edina, Minn. Project inspector for the reconstruction of sewer and water services throughout site. Responsible for documenting the service locations and any additional information via drawings photos. Performed one year landscaping warranty inspections on multiple MnDOT Interstate projects. Prepared planting punch lists for contractors in according to MnDOT landscaping requirements. Reviewed warranty plantings performed for conformance to contract documents. Bridge Inspections (Various MnDOT Projects) — Twin Cities Metro Area. Assisted Senior construction stAffv.,ith annual bridge inspections throughout that inetra at-ea. Helped with completion of required paperwork and documentation. Construction Staking (Various Municipal Projects) — Twin Cities Metro Area. Assisted survey crew chief with staking throughout the metro area. Al2 CENTRAL AVENUE SAFETY IMPROVEMENTS r= m �+ p E .� C Q C d m f a E m e d m c m Q w m tl 73906 COVERAGES CERTIFICATE NUMBER: 111:)Ud4B REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYRE OF INSURANCE A13M S POLICY NUMBER POLICY POLICY LIMITS LTR A x I COMNERCIALGENERALLIABILITY 6043204066 10/1/2018 1011/2017 EACH OCCURRENCE $ 1,000,000 TO RENTE07 CLAIMS -MADE OCCUR PRE ISES Me occurrancal 500,000 MED EXP Any one perm) $ 16,000 PERSONAL 8 ADV INJURY S 1,000,000 CsEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ® PRO JECT 7 LOC PRODUCTS - CAMPIOPAGG $ 2.000,ODO OTHER: $ A AUTOMOBILE LIABILITY 6043204083 10/01/16 10/01/17 H�� SINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY (Per parson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) 5 X HIRED X NON -OWNED ROPERTY MADE $ AUTOS ONLY AUTOS ONLY iderd $ D X UMBRELLAUAll X OCCUR 6011750036 10/01/16 10/01117 EACHOCCURRENCE $ 8,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 8.000,000 DEd I X I RETENTIONS 10,000 $ C AANNDEEMPLOYERVLI ABTLOTY YIN 6043204116 10/01/16 10/01/17 X STATUTE R ANYPROPRIETORIPARTNERIEXECUTIVE NIA EL EACH ACCIDENT $ 1,0 ,000 OFFICER/MEMBEREXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 byyes, describe under 1,000,000 DESCRIPTION OF OPERATIONS bet ays E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS i LOCATIONS i VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if mare space is required) City of Columbia Heights is named as additional insured as it relates to general & auto liability & waiver of subrogation is granted as it relates to genera) and auto liability and workers comp in accordance with the terms and conditions of the policies. Umbrella follows farm as It relates to additional Insureds. The above coverage is primary and noncontributory where required by written contract. City of Columbia Heights is provided 30 days notice of cancellation in accordance with the terms and conditions of the general liability & automobile liability policies. LIA City of Columbia Heights SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 657 38th Avenue NE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, Columbia Heights MN 55421 AUTHORIZED REPRESENTATIVE f `e , ! fff ACORD 25 (2016108) (7tda cd86mFn cga$ACet�77750�3Ti69Yad an t7Y912 ®tGg