Signed Contract_Origin Design Co. for Professional ServicesCity of Dubuque
City Council Meeting
ITEM TITLE:
SUMMARY:
SUGGESTED
DISPOSITION:
ATTACHMENTS:
Description
Origin Design Co.
Saiki Design Contract
Copyrighted
August 5, 2024
Consent Items # 020.
Signed Contract(s)
Origin Design Co. for professional services; Comiskey Park
Engagement, Design, Construction Management and Grant
Administration Services Amendment #3 with Saiki Design.
Suggested Disposition: Receive and File
Type
Supporting Documentation
Supporting Documentation
AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
ORIGINAL DESIGN CO.
FOR PROFESSIONAL SERVICES
TABLE OF CONTENTS
Page
Article 1— Services Of Engineer 1
1.01 Scope 1
Article 2— Owner's Responsibilities 1
2.01 Project Information 1
2.02 Owner's Instructions Regarding Bidding/Proposal and Front -End Construction Contract
Documents 2
2.03 Owner -Furnished Services 3
2.04 Owner's General Responsibilities 4
2.05 Payment 5
Article 3— Schedule For Rendering Services 5
3.01 Commencement 5
3.02 Time for Completion 5
Article 4— Invoices And Payments 6
4.01 Invoices 6
4.02 Payments 6
Article 5— Opinions Of Cost 7
5.01 Opinions of Probable Construction Cost 7
5.02 Opinions of Total Project Costs 7
Article 6— General Considerations 7
6.01 Standards of Performance 7
6.02 Ownership and Use of Documents 9
6.03 Electronic Transmittals 10
6.04 Insurance 11
6.05 Suspension and Termination 12
6.06 Successors, Assigns, and Beneficiaries 14
6.07 Dispute Resolution 14
6.08 Controlling Law; Venue 15
6.09 Environmental Condition of Site 15
6.10 Indemnification and Mutual Waiver 16
6.11 Records Retention 17
6.12 Miscellaneous Provisions 17
Article 7— Definitions 18
7.01 Defined Terms 18
07242024balEJCDC° E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
TOC Page 1 of 2
Article 8— Exhibits And Special Provisions 22
8.01 Exhibits to Agreement 22
8.02 Total Agreement 23
8.03 Designated Representatives 23
8.04 Engineer's Certifications 23
8.05 Conflict of Interest 23
07242024balEJCDC° E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
TOC Page 2 of 2
AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
This is an Agreement between City of Dubuque (Owner) and Origin Design Co. (Engineer). Owner's Project,
of which Engineer's services under this Agreement are a part, is generally identified as Lead Service Line
Replacement (Project). Other terms used in this Agreement are defined in Article 7. Engineer's services
under this Agreement are generally identified as Design, Bidding, and Construction Phase services related
to the construction projects to replace private lead service lines within the Owner's water distribution
system.
Owner and Engineer further agree as follows:
ARTICLE 1—SERVICES OF ENGINEER
1.01 Scope
A. Engineer shall provide, or cause to be provided, the services set forth herein and in Exhibit A.
B. All phases of service will include Management of Engineering Services as shown in Exhibit A.
ARTICLE 2—OWNER'S RESPONSIBILITIES
2.01 Project Information
A. To the extent Owner has not already provided the following, or has new, additional, or
revised information from that previously provided, Owner shall provide Engineer with
information and data needed by Engineer in the performance of Basic and Additional
Services, including Owner's:
1. design objectives and constraints;
2. space, capacity, and performance requirements;
3. flexibility and expandability needs;
4. design and construction standards;
5. budgetary limitations; and
6. 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.
B. Following Engineer's assessment of initially -available Project information and data and upon
Engineer's request, Owner shall obtain, furnish, or otherwise make available (if necessary
through 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; or, with consent of Engineer, Owner may authorize the Engineer to obtain or
provide all or part of such additional information as Additional Services. Such additional
information or data may include the following:
1. Property descriptions.
2. Zoning, deed, and other land use restrictions.
3. Surveys, topographic mapping, and utility documentation.
EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
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4. Property, boundary, easement, right-of-way, and other special surveys or data,
including establishing relevant reference points.
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; appropriate professional
interpretation of 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.
C. Owner shall 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 as Owner deems appropriate with respect to such examination)
and render in writing timely decisions pertaining thereto.
D. Owner shall furnish to Engineer data as to Owner's anticipated costs for services to be
provided to Owner by others (including, but not limited to, accounting, bond and financial,
independent cost estimating, insurance counseling, and legal advice) so that Engineer may
assist Owner in collating the various cost categories that comprise Total Project Costs.
E. Owner shall advise Engineer if any invention, design, process, product, or device that Owner
has requested, required, or recommended for inclusion in the Drawings or Specifications will
be subject to payment (whether by Owner or Contractor) of any license fee or royalty to
others, as required by patent rights or copyrights.
F. Owner shall inform Engineer as to whether Engineer's assistance is requested with respect
to Owner's evaluation of the possible use of Project Strategies, Technologies, and
Techniques, as defined in Exhibit A.
G. Owner shall inform Engineer as to whether Engineer's assistance is requested in identifying
opportunities for enhancing the sustainability of the Project.
2.02 Owner's Instructions Regarding Bidding/Proposal and Front -End Construction Contract
Documents
A. Owner shall 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) and Owner's construction contract practices and
requirements, and furnish to Engineer (or give specific directions requesting Engineer to use
copies already in Engineer's possession) the following:
1. Owner's standard contract forms, general conditions, supplementary conditions, text,
and related documents and content for Engineer to include in the draft
Bidding/Proposal Documents, and in draft Front -End Construction Contract Documents;
2. insurance and bonding requirements;
3. protocols for electronic transmittals during bidding and construction;
EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
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4. Owner's safety and security programs applicable to Contractor and other Constructors;
5. diversity and other social responsibility requirements;
6. bidding and contract requirements of funding, financing, or regulatory entities;
7. other specific conditions applicable to the procurement of construction or contract
documents;
8. any other information necessary for Engineer to assist Owner in preparing its
Bidding/Proposal Documents and Front -End Construction Contract Documents.
B. Owner shall have responsibility for the final content of (1) such Bidding/Proposal Documents,
and (2) such Front -End Construction Contract Documents, other than content furnished by
Engineer concerning the design (as set forth in the Drawings, Specifications, or otherwise) or
other engineering or technical matters.
1. 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. If there will be an advertisement soliciting bids for construction, Owner shall place and pay
for such advertisement.
2.03 Owner -Furnished Services
A. Recognizing and acknowledging that Engineer's services and expertise do not include the
following services, Owner shall obtain, as required for the Project:
1. Accounting, bond and financial advisory services (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, including attorney review of proposed Construction Contract
Documents, legal services required by Owner, legal services needed as a result of issues
raised by Contractor, and Project -related legal services reasonably requested by
Engineer.
3. Auditing services, including those needed by Owner to ascertain how or for what
purpose Contractor has used money paid to it.
B. Owner shall provide the services of an independent testing laboratory to perform all
inspections, tests, and approvals of samples, materials, and equipment required by the
Construction Contract Documents (other than those required to be furnished or arranged by
Contractor), or to evaluate the performance of materials, equipment, and facilities of Owner,
prior to their incorporation into the Work with appropriate professional interpretation
thereof. Owner shall provide Engineer with the findings and reports generated by testing
laboratories, including findings and reports obtained from or through Contractor.
C. Owner shall acquire or arrange for acquisition of the Site(s) and any temporary or permanent
rights of access, easements, or property rights needed for the Project.
D. With respect to the portions or phases of the Project designed or specified by Engineer,
Owner shall provide, obtain, or arrange for:
EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
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1. all required reviews, approvals, consents, and permits from governmental authorities
having jurisdiction, and
2. such reviews, approvals, and consents from others as may be necessary for completion
of each portion or phase of the Project.
E. Owner may delegate to Contractor or others the responsibilities set forth in
Paragraphs 2.03.0 and D.
2.04 Owner's General Responsibilities
A. Owner shall inform Engineer of the policies, procedures, and requirements of Owner that are
applicable to Engineer's performance of services under this Agreement.
B. Owner shall provide Engineer with Owner's budget for the Project, including type and source
of funding to be used, and will promptly inform Engineer if the budget or funding sources
change.
C. Owner shall inform Engineer in writing of any safety or security programs that are applicable
to the personnel of Engineer, its Subconsultants, and Engineer's Subcontractors, as they visit
the Site or otherwise perform services under this Agreement.
D. Owner shall 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 this
Agreement.
E. Owner shall provide necessary direction and make decisions, including prompt review of
Engineer's submittals, and carry out its other responsibilities in a timely manner so as not to
delay Engineer's performance of its services.
F. Owner shall be responsible for all requirements and instructions that it furnishes to 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 or furnishing services under this Agreement, subject to any
express limitations or reservations applicable to the furnished items.
G. Owner shall give prompt written notice to Engineer whenever Owner observes or otherwise
becomes aware of:
1. 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
3. 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.
H. Owner shall advise Engineer of the identity and scope of services of any independent
consultants employed by Owner to perform or furnish services in regard to the Project,
including, but not limited to, cost estimating, project peer review, value engineering, and
constructability review.
I. If Owner designates a construction manager, site representative, or any individual or entity
other than, or in addition to, Engineer to represent Owner at the Site, Owner shall define and
set forth as an exhibit to this Agreement the duties, responsibilities, and limitations of
EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 4 of 25
authority of such other party and the relation thereof to the duties, responsibilities, and
authority of Engineer.
J. Owner shall:
1. Attend and participate in the pre -bid conference, bid opening, pre -construction
conferences, construction progress and other job -related meetings, and Site visits to
determine Substantial Completion and readiness of the completed Work for final
payment.
2. Primarily communicate with Engineer's Subcontractors and Subconsultants through the
Engineer.
a. Promptly inform Engineer of the substance of any communications between
Owner and Engineer's Subcontractors or Subconsultants.
b. Refrain from directing the services of Engineer's Subcontractors or Subconsultants.
3. Authorize Engineer to provide Additional Services as set forth in Article 2 of Exhibit A of
the Agreement, as required.
4. Perform or provide the following:
a. None.
2.05 Payment
A. Owner shall pay Engineer as set forth in Article 4 and Exhibit J.
B. Engineer's compensation is summarized as follows; if there is a conflict between the
following summary and the contents of Exhibit J, then Exhibit J will prevail.
Description of Service
Amount
Basis of Compensation
1.
Basic Services (Article 1 of Exhibit A)
$95,000.00
Lump Sum
2.
Resident Project Representative Services
$97,000.00
Hourly Rates
4.
Additional Services (Article 2 of Exhibit A)
Hourly Rates
Based on a 20-week construction period, with full-time RPR services during active construction.
1. Compensation items and totals based in whole or in part on Hourly Rates, Direct Labor,
or Percentage of Construction Cost are estimates only.
2. Lump sum amounts incorporate Engineer's labor, overhead, profit, and Engineer's
Subcontractor and Subconsultants' charges.
ARTICLE 3—SCHEDULE FOR RENDERING SERVICES
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 B, and are hereby agreed to be reasonable.
EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
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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, will be adjusted equitably.
C. If Owner authorizes changes in the scope, extent, or character of the Project or Engineer's
services, then the time for completion of Engineer's services, and the rates and amounts of
Engineer's compensation, will be adjusted equitably.
D. If Engineer fails, for reasons within control of Engineer, 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 to the extent, if any, resulting
from such failure by Engineer.
ARTICLE 4—INVOICES AND PAYMENTS
4.01 Invoices
A. Preparation and Submittal of Invoices: Engineer shall prepare invoices in accordance with its
standard invoicing practices, the progress reporting and special invoicing requirements (if
any) in Exhibit A Paragraph 1.01.A, and the terms of Exhibit J. Engineer shall submit its
invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt.
4.02 Payments
A. Application to Interest and Principal: Payment will be credited first to any interest owed to
Engineer and then to principal.
B. 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. After a disputed item has been resolved, Engineer shall include the
agreed -upon amount on a new invoice.
C. Failure to Pay: If Owner fails to make any undisputed payment due Engineer within 30 days
after receipt of Engineer's invoice, then:
1. amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum
rate of interest permitted by law, if less) from said thirtieth day, and
2. Engineer may, after giving 7 days' written notice to Owner, suspend services under this
Agreement until Owner has paid in full amounts due. Owner waives any and all claims
against Engineer for any such suspension.
D. Sales or Use Taxes: If after the Effective Date any governmental entity takes an 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 will be in addition to the compensation to which Engineer is
entitled under the terms of Exhibit J.
EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 6 of 25
ARTICLE 5—OPINIONS OF COST
5.01 Opinions of Probable Construction Cost
A. Engineer's opinions of probable Construction Cost (if any) 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 Opinions of Total Project Costs
A. The services, if any, of Engineer with respect to Total Project Costs will 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.
ARTICLE 6—GENERAL CONSIDERATIONS
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 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. Engineer's Subcontractors and Subconsultants: Engineer may retain at Engineer's cost such
Engineer's Subcontractors and Subconsultants 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
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 the policies, procedures, and instructions of Owner that 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
EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 7 of 25
Paragraph 6.01.A, and to the extent compliance is not inconsistent with professional
practice requirements.
3. This Agreement is based on Laws and Regulations and Owner -provided written policies
and procedures as of the Effective Date. The following may be the basis for
modifications to Owner's responsibilities or to Engineer's scope of services, times of
performance, or compensation:
a. changes after the Effective Date to Laws and Regulations,
b. the receipt by Engineer after the Effective Date of Owner -provided written policies
and procedures, and
c. changes after the Effective Date to Owner -provided written policies or procedures.
F. General Conditions of Construction Contract: The general conditions for any Construction
Contract Documents prepared hereunder are to be the current edition of City of Dubuque's
Public Improvement Project - Contract Documents Manual, unless expressly indicated
otherwise.
G. Copies of Drawings and Specifications: If Engineer is required to prepare or furnish Drawings
or Specifications under this Agreement, Engineer shall deliver to Owner at least one
complete electronic copy of such Drawings and Specifications, signed and sealed according
to applicable Laws and Regulations, and one complete printed copy, duly signed and sealed.
H. Engineer shall not be required to sign any document, no matter by whom requested, that
would result in Engineer having to certify, guarantee, or warrant conditions whose existence
Engineer cannot ascertain within the authorized scope of Engineer's services. Owner agrees
not to make resolution of any dispute with Engineer or payment of any amount due to
Engineer in any way contingent upon Engineer signing any such document.
I. Engineer shall not at any time supervise, direct, control, or have authority over any
Constructor's work, nor will 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.
J. 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.
K. 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.
L. 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.
M. Engineer's services do not include providing legal advice or representation.
N. 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
EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
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Page 8 of 25
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.
O. While at the Site, Engineer, its Subconsultants, and Engineer's Subcontractors, and their
employees and representatives will comply with the applicable requirements of Contractor's
and Owner's safety programs of which Engineer has been informed in writing.
6.02 Ownership and Use of Documents
A. All Documents are instruments of service, and Engineer owns the Documents, including all
associated copyrights and the right of reuse at the discretion of the Engineer, subject to the
following provisions:
1. Upon receipt by Engineer of full payment due and owing for all services relating to
preparation of the Documents and subject to the express exclusions that follow,
Engineer and any Subconsultants will grant to Owner the ownership of the Documents,
including all associated copyrights and the right of reuse.
2. When requested by Owner, Engineer will perform any clerical or administrative acts
reasonably necessary to confirm or record the transfer of Engineer's interests in the
Documents to the Owner, and Owner will reimburse the Engineer for its costs to comply
with the transfer request.
3. Engineer shall have and retain the ownership, title, and property rights, including
copyright, patent, intellectual property, and common law rights, in any design elements
(including but not limited to standard details, drawings, plans, specifications,
methodologies, and engineering computations) used in the Documents, but developed
by Engineer or its Subconsultants previous to or independent of this Agreement
("Previously/Independently Created Works"). Engineer shall provide appropriate
verification of such previous or independent development upon Owner's request.
4. Upon receipt by Engineer of full payment due and owing for all services relating to
preparation of the Documents, Engineer will issue to Owner a royalty -free, nonexclusive
and irrevocable license to use such Previously/Independently Created Works on the
Project or on any extension of the Project.
5. Owner acknowledges that the 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.
6. 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.
7. Owner shall indemnify and hold harmless Engineer and its officers, directors, members,
partners, agents, employees, and Subconsultants from all claims, damages, losses, and
expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or
EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
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modification of the Documents without written verification, completion, or adaptation
by Engineer.
8. Such limited license to Owner shall not create any rights in third parties.
9. Nothing herein limits the Engineer's right of use or reuse of Previously/Independently
Created Works or any of Engineer's non -Document work product.
B. If Engineer at Owner's request verifies the suitability of the Documents, completes them, or
adapts them for extensions of the Project or for any other purpose, then Owner shall
compensate Engineer at rates or in an amount to be agreed upon by Owner and Engineer.
C. Engineer shall inform Owner if Engineer is aware of any invention, design, process, product,
or device specified in the Drawings, Specifications, or other Documents that is subject to
payment (whether by Owner or Contractor) of any license fee or royalty to others, as
required by patent rights or copyrights. If Engineer's good -faith inclusion in the Drawings,
Specifications, or other Documents of new, innovative, or non-standard technologies, for the
benefit of Owner and the Project, results in third -party claims of infringement or violation of
intellectual property rights, then Owner and Engineer shall share equally the costs of
defending against, settling, or paying such claims.
D. Engineer will obtain Owner's consent, which will not be unreasonably withheld, prior to
releasing any publicity, including news and press releases, promotional publications, award
and prize competition submittals, and other advertising regarding the subject matter of this
Agreement. Nothing herein will limit the Engineer's right to include information in
statements of qualifications and proposals to others accurately describing its participation
and participation of employees in the Project.
6.03 Electronic Transmittals
A. To the fullest extent practical, Owner and Engineer agree to transmit, and accept, Project -
related correspondence, Documents, text, data, drawings, information, and graphics, in
electronic media or digital format, either directly, or through access to a secure Project
website, in accordance with Exhibit F, Electronic Documents Protocol (EDP).
1. Compliance with the EDP by Engineer shall be considered a Basic Service and no direct
or separate compensation will be paid to Engineer for such compliance, unless
provisions for separate compensation are expressly set forth in the EDP.
2. Engineer's costs directly attributable to changes in Engineer's Electronic Documents
obligations, after the effective date of this Agreement, necessitated by revisions to
Exhibit F, delayed adoption of Exhibit F, or implementation of other Electronic
Documents protocols, will be compensated as Additional Services.
B. If this Agreement does not include Exhibit F or otherwise does not establish or include
protocols for transmittal of Electronic Documents by Electronic Means, then Owner and
Engineer may operate without specific protocols or may jointly develop such protocols at a
later date.
C. Except as stated otherwise in Exhibit F (if included in this Agreement), when transmitting
Electronic Documents by Electronic Means, the transmitting party makes no representations
as to long term compatibility, usability, or readability of the Electronic Documents resulting
from the recipient's use of software application packages, operating systems, or computer
EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
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hardware differing from those used in the drafting or transmittal of the Electronic
Documents, or from those established in applicable protocols.
D. This Agreement (including the EDP) is not intended to create obligations for Owner or
Engineer with respect to transmittals to or from third parties, except as expressly stated in
the EDP.
6.04 Insurance
A. Engineer shall procure and maintain insurance as set forth in Exhibit G.
B. Additional Insureds: The Engineer's commercial general liability, automobile liability, and
umbrella or excess liability policies, must:
1. include and list as additional insureds Owner, and any individuals or entities identified
as additional insureds in Exhibit G;
2. include coverage for the respective officers, directors, members, partners, and
employees of all such additional insureds;
3. afford primary coverage to these additional insureds for all claims covered thereby
(including as applicable those arising from both ongoing and completed operations);
and
4. not seek contribution from insurance maintained by the additional insured.
C. Owner shall maintain its membership in the Iowa Community Assurance Pool during the
performance of this Agreement.
D. Owner shall require Contractor to purchase and maintain policies of insurance covering
workers' compensation, general liability, motor vehicle damage and injuries, and other
insurance necessary to protect Owner's and Engineer's interests in the Project. Owner shall
require Contractor to cause Engineer, its Subconsultants, and Engineer's Subcontractors to
be listed as additional insureds with respect to such liability insurance purchased and
maintained by Contractor for the Project. Owner shall give Engineer access to any certificates
of insurance and copies of endorsements and policies obtained by Owner from Contractor.
E. Owner and Engineer shall each deliver to the other certificates of insurance evidencing the
coverages indicated in Exhibit G or the Iowa Communities Assurance Pool. Such certificates
must be furnished prior to commencement of Engineer's services and at renewals thereafter
during the life of the Agreement.
1. Upon request by Owner or any other insured, Engineer shall also furnish other evidence
of such required insurance, including but not limited to copies of policies and
endorsements, documentation of applicable self -insured retentions (if allowed) and
deductibles, full disclosure of all relevant exclusions, and evidence of insurance required
to be purchased and maintained by Subconsultants and Engineer's Subcontractors. In
any documentation furnished under this provision, Engineer may redact (a) any
confidential premium or pricing information and (b) any wording specific to projects or
jurisdictions other than those applicable to this Agreement.
F. All construction contracts entered into by Owner with respect to the Project must require
builder's risk or similar property insurance.
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G. All policies of property insurance relating to the Project, including but not limited to any
builder's risk or similar policy, must allow for waiver of subrogation rights and contain
provisions to the effect that in the event of payment of any loss or damage the insurers will
have no rights of recovery against any insured thereunder or against Engineer, its
Subconsultants, or Engineer's Subcontractors. Owner and Engineer waive all rights against
each other, Contractor, Engineer's Subcontractors and Subconsultants, 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 such builder's risk or similar 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.
H. All policies of insurance must contain a provision or endorsement that the coverage afforded
will not be canceled, and that renewal will not be refused, until at least 10 days' prior written
notice has been given to the primary insured. Upon receipt of such notice, the primary
insured must promptly forward a copy of the notice to the other party to this Agreement and
replace the coverage being cancelled or reduced to conform to the requirements of this
Agreement.
I. At any time, Owner may request that Engineer, or Engineer's Subcontractors or
Subconsultants, 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
Engineer's Subcontractors or Subconsultants to obtain such additional insurance coverage,
different limits, or revised deductibles for such periods of time as requested by Owner, and
Exhibit G will be supplemented to incorporate these requirements.
6.05 Suspension and Termination
A. Suspension
1. By Owner: Owner may suspend Engineer's services for up to 90 days upon 7 days'
written notice to Engineer.
2. By Engineer: Engineer may, after giving 7 days' written notice to Owner, suspend
services under this Agreement:
a. if Owner has failed to pay Engineer for invoiced services and expenses, as set forth
in Paragraphs 4.02.B and 4.02.C;
b. in response to the presence of Constituents of Concern at the Site, as set forth in
Paragraph 6.09.D; or
c. if persistent circumstances beyond the control of Engineer have prevented it from
performing its obligations under this Agreement.
B. Termination for Cause
1. Either party may terminate the Agreement for cause upon 30 days' written notice in the
event of substantial failure by the other party to perform in accordance with the terms
of the Agreement, through no fault of the terminating party.
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a. Notwithstanding the foregoing, this Agreement will not terminate under
Paragraph 6.05.6.1 if the party receiving such notice begins, within 7 days of
receipt of such notice, to correct its substantial failure to perform and proceeds
diligently to cure such failure within no more than 30 days of receipt thereof;
provided, however, that if and to the extent such substantial failure cannot be
reasonably cured within such 30-day period, and if such party has diligently
attempted to cure the same and thereafter continues diligently to cure the same,
then the cure period provided for herein will extend up to, but in no case more
than, 60 days after the date of receipt of the notice.
2. In addition to its termination rights in Paragraph 6.05.6.1, Engineer may terminate this
Agreement for cause upon 7 days' written notice:
a. if Owner demands that Engineer furnish or perform services contrary to Engineer's
responsibilities as a licensed professional;
b. if Engineer's services for the Project are delayed or suspended for more than
90 days for reasons beyond Engineer's control; or
c. as the result of the presence at or adjacent to the Site of undisclosed Constituents
of Concern, as set forth in Paragraph 6.09.E.
3. Engineer will have no liability to Owner on account of any termination by Engineer for
cause.
C. Termination for Convenience: Owner may terminate this Agreement for convenience, with
or without cause, effective upon Engineer's receipt of notice from Owner.
D. Extension of Effective Date of Termination: If Owner terminates the Agreement for cause or
convenience, Owner may set the effective date of termination at a time up to 30 days later
than otherwise provided to allow Engineer to demobilize personnel and equipment from the
Site, to complete tasks whose value would otherwise be lost, to prepare notes as to the
status of completed and uncompleted tasks, and to assemble Project materials in orderly
files. Engineer shall be entitled to compensation for such tasks.
E. Payments Upon Termination: In the event of any termination under Paragraph 6.05,
Engineer will be entitled to invoice Owner and to receive full payment for all services
performed or furnished in accordance with this Agreement and all reimbursable expenses
incurred through the effective date of termination. Upon making such payment, Owner will
have the limited right to the use of Documents, at Owner's sole risk, subject to the provisions
of Paragraph 6.02.A.
1. If Owner has terminated the Agreement for cause and disputes Engineer's entitlement
to compensation for services and reimbursement of expenses, then Engineer's
entitlement to payment and Owner's rights to the use of the Documents will be resolved
in accordance with the dispute resolution provisions of this Agreement or as otherwise
agreed in writing.
2. If Owner has terminated the Agreement for convenience, or if Engineer has terminated
the Agreement for cause, then Engineer will be entitled, in addition to the payments
identified above, 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
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contracts with Engineer's Subcontractors or Subconsultants, and other related close-out
costs, using methods and rates for Additional Services as set forth in Exhibit J.
6.06 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 6.06.B 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, claims arising out of this Agreement or 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. 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.
2. Nothing in this Agreement will 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.
3. Owner agrees that the substance of the provisions of this Paragraph 6.06.0 will appear
in the Construction Contract Documents.
6.07 Dispute Resolution
A. Unless otherwise required by Exhibit H, Owner and Engineer shall resolve all disputes in the
following manner:
1. 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 mediation.
2. Owner and Engineer agree that they shall first submit any and all unsettled claims,
counterclaims, disputes, and other matters in question between them arising out of or
relating to this Agreement or the breach thereof ("Disputes") to mediation. Owner and
Engineer agree to participate in the mediation process in good faith. The process will be
conducted on a confidential basis, and must be completed within 120 days.
3. If the parties fail to resolve a Dispute through negotiations under Paragraph 6.07.A.1 or
mediation under Paragraph 6.07.A.2, then:
a. either or both may invoke the applicable dispute resolution procedures of
Exhibit H for final resolution of Disputes.
b. If Exhibit H is not included, or if no final dispute resolution method is specified in
Exhibit H, then the parties may exercise their rights at law.
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6.08 Controlling Law; Venue
A. This Agreement is to be governed by the Laws and Regulations of the state of Iowa.
B. Venue for any exercise of rights at law will be exclusively in the Iowa District Court for
Dubuque County, Iowa.
6.09 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.
B. Undisclosed Constituents of Concern: For purposes of this Paragraph 6.09, the presence at
or adjacent to the Site of Constituents of Concern that were not disclosed to Engineer
pursuant to Paragraph 6.09.A, in such quantities or circumstances that such Constituents of
Concern may present a danger to persons or property exposed to them, will be referred to
as "undisclosed" Constituents of Concern.
1. The presence at the Site of materials that are necessary for the execution of the Work,
or that are to be incorporated in the Work, and that are controlled and contained
pursuant to industry practices, Laws and Regulations, and the requirements of this
Agreement or the Construction Contract, are not undisclosed Constituents of Concern.
2. Constituents of Concern that are to be located, identified, studied, removed, or
remediated as part of the services under this Agreement are not undisclosed
Constituents of Concern.
3. Constituents of Concern that are to be located, identified, studied, removed, or
remediated as part of the services under another professional services contract for
Owner, or as part of the work under a construction or remediation contract, are not
undisclosed Constituents of Concern if Engineer has been informed of the general scope
of such contract.
C. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then
Engineer shall notify (1) Owner and (2) appropriate authorities having jurisdiction if Engineer
reasonably concludes that doing so is required by applicable Laws or Regulations.
D. It is acknowledged by both parties that Engineer's scope of services does not include any
services related to undisclosed Constituents of Concern. If Engineer or any other party
encounters, uncovers, or reveals an undisclosed Constituent of Concern, or if encountered,
uncovered, or revealed Constituents of Concern are present in substantially greater
quantities or substantially different locations than disclosed or anticipated, or if investigative
or remedial action, or other professional services, are necessary or required by applicable
Laws and Regulations with respect to such Constituents of Concern, then Engineer may, at
its option and without liability for direct, consequential, or any other damages, suspend
performance of services on the portion of the Project adversely affected thereby until such
portion of the Project is no longer so affected; and 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, or of Constituents of
Concern in substantially greater quantities or in substantially different locations than
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disclosed or anticipated, adversely affects the performance of Engineer's services under this
Agreement, then:
1. if the adverse effects do not preclude Engineer from completing its Project services in
general accordance with this Agreement on unaffected or marginally affected portions
of the Project, Engineer may accept an equitable adjustment in its compensation or in
the time of completion, or both; and the Agreement will be amended to reflect changes
necessitated by the presence of such Constituents of Concern; or
2. if the adverse effects are of such materiality to the overall performance of Engineer that
it cannot complete its services without significant changes to the scope of services, time
of completion, and compensation, then Engineer may terminate this Agreement for
cause on 7 days' written notice.
F. Owner acknowledges that Engineer is performing professional services for Owner and that
Engineer is not and will not be required to become an "owner," "arranger," "operator,"
"generator," or "transporter" of hazardous substances, as defined in the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are
or may be encountered at or near the Site in connection with Engineer's activities under this
Agreement.
6.10 Indemnification and Mutual Waiver
A. Indemnification by Engineer: To the fullest extent permitted by Laws and Regulations,
Engineer shall indemnify and hold harmless Owner, and Owner's officers, directors,
members, partners, agents, 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,
Subconsultants, or Engineer's Subcontractors. This indemnification provision is subject to
and limited by the provisions, if any, agreed to by Owner and Engineer in Exhibit I,
"Limitations of Liability."
B. Environmental Indemnification: To the fullest extent permitted by Laws and Regulations,
Owner shall indemnify and hold harmless Engineer, its Subconsultants, Engineer's
Subcontractors, and their officers, directors, members, partners, agents, employees, and
subconsultants from all claims, costs, losses, damages, actions, and judgments (including
reasonable consultants' and attorney's 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 obligates Owner to indemnify any individual or entity from
and against the consequences of that individual's or entity's own negligence or willful
misconduct.
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C. No Defense Obligation: The indemnification commitments in this Agreement do not include
a defense obligation by the indemnitor unless such obligation is expressly stated.
D. Mutual Waiver: To the fullest extent permitted by Laws and Regulations, Owner and Engineer
waive against each other, and the other's officers, directors, members, partners, agents,
employees, subconsultants, and insurers, any and all claims for or entitlement to
unforeseeable special, incidental, indirect, or consequential damages arising out of, resulting
from, or in any way related to breach of this Agreement Such excluded damages include but
are not limited to loss of profits or revenue; loss of use or opportunity; loss of good will; cost
of substitute facilities, goods, or services; cost of capital; and regulatory fines.
6.11 Records Retention
A. Engineer shall maintain on file in legible form, for a period of five years following completion
or termination of its services, or such other period as required by Laws and Regulations, all
Documents, records (including cost records), and design calculations related to Engineer's
services or pertinent to Engineer's performance under this Agreement. Upon Owner's
request, Engineer shall provide a copy of any such item to Owner at cost.
6.12 Miscellaneous Provisions
A. Notices: Any notice required under this Agreement will be in writing, and delivered: in person
(by commercial courier or otherwise); by registered or certified mail; or by e-mail to the
recipient, with the words "Formal Notice" or similar in the e-mail's subject line. All such
notices are effective upon the date of receipt.
B. Survival: Subject to applicable Laws and Regulations, 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 will be deemed stricken, and all remaining provisions will continue
to be valid and binding upon Owner and Engineer.
D. No Waiver: A party's non -enforcement of any provision will not constitute a waiver of that
provision, nor will it affect the enforceability of that provision or of the remainder of this
Agreement.
E. Accrual of Claims: To the fullest extent permitted by Laws and Regulations, all causes of
action arising under this Agreement will be deemed to have accrued, and all statutory
periods of limitation will commence, no later than the date of Substantial Completion; or, if
Engineer's services do not include Construction Phase services, or the Project is not
completed, then no later than the date of Owner's last payment to Engineer.
6.13 City of Dubuque Standard Terms and Conditions
A. The City of Dubuque Standard Terms and Conditions are attached by Exhibit K to this
Agreement. Exhibit K shall supplement this Agreement. In the event of conflicting clauses,
Exhibit K will prevail, limited to the extent of the conflicting clause.
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ARTICLE 7—DEFINITIONS
7.01 Defined Terms
A. Wherever used in this Agreement (including the exhibits hereto) terms (including the singular
and plural forms) printed with initial capital letters have the meanings indicated in the text
above, 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. Additional Services —The services to be performed for or furnished to Owner by
Engineer in accordance with Article 2 of Exhibit A of this Agreement.
3. Agreement —This written contract for professional services between Owner and
Engineer, including all exhibits identified in Paragraph 8.01 and any duly executed
amendments.
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.
5. Basic Services —The services to be performed for or furnished to Owner by Engineer in
accordance with Article 1 of Exhibit A of this Agreement.
6. Bidding/Proposal Documents —Documents related to the selection of the Contractor,
including advertisements or invitations to bid; requests for proposals; instructions to
bidders or proposers, including any attachments such as lists of available Site -related
documents; bid forms; bids; proposal forms; proposals; bidding requirements; and
qualifications documents.
7. 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.
8. 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.
9. Constituents of Concern —Asbestos, petroleum, radioactive materials, polychlorinated
biphenyls (PCBs), lead -based paint (as defined by the HUD/EPA standard), hazardous
waste, and any substance, product, waste, or other material of any nature whatsoever
that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations
regulating, relating to, or imposing liability or standards of conduct concerning, any
hazardous, toxic, or dangerous waste, substance, or material.
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10. Construction Contract —The entire and integrated written contract between Owner and
Contractor concerning the Work.
11. Construction Contract Documents —Those items designated as "Contract Documents"
in the Construction Contract, and which together comprise the Construction Contract.
See also definition of "Front -End Construction Contract Documents" below.
12. Construction Contract Price —The money that Owner has agreed to pay Contractor for
completion of the Work in accordance with the Construction Contract Documents.
13. Construction Contract Times —The number of days or the dates by which Contractor
must: (a) achieve milestones, if any, in the Construction Contract; (b) achieve
Substantial Completion; and (c) complete the Work.
14. 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
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.
15. Constructor —Any person or entity (not including the Engineer, its employees, agents,
representatives, or Subconsultants, or Engineer's Subcontractors), performing or
supporting construction activities relating to the Project, including but not limited to
Contractors, Subcontractors, Suppliers, Owner's work forces, utility companies, other
contractors, construction managers, design -builders, testing firms, shippers, and
truckers, and the employees, agents, and representatives of any or all of them.
16. Contractor —The entity or individual with which Owner enters into a Construction
Contract.
17. Documents —All documents expressly identified as deliverables in this Agreement,
whether in printed or Electronic Document form, required by this Agreement to be
provided or furnished by Engineer to Owner. Such specifically required deliverables may
include, by way of example, Drawings, Specifications, data, reports, building information
models, and civil integrated management models.
18. Drawings —That part of the Construction Contract Documents that graphically shows
the scope, extent, and character of the Work to be performed by Contractor.
19. Effective Date —The date indicated in this Agreement on which it becomes effective, but
if no such date is indicated, the date on which this Agreement is signed and delivered
by the last of the parties to sign and deliver.
20. Electronic Document —Any Project -related correspondence, attachments to
correspondence, data, documents, drawings, information, or graphics, including but not
limited to Shop Drawings and other Submittals, that are in an electronic or digital
format.
21. Electronic Means —Electronic mail (e-mail), upload/download from a secure Project
website, or other communications methods that allow: (a) the transmission or
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communication of Electronic Documents; (b) the documentation of transmissions,
including sending and receipt; (c) printing of the transmitted Electronic Document by
the recipient; (d) the storage and archiving of the Electronic Document by sender and
recipient; and (e) the use by recipient of the Electronic Document for purposes
permitted by this Agreement. Electronic Means does not include the use of text
messaging, or of Facebook, Twitter, Instagram, or similar social media services for
transmission of Electronic Documents.
22. Engineer —The individual or entity named as such in this Agreement.
23. Engineer's Subcontractor —An individual, firm, vendor, or other entity having a contract
with Engineer to furnish general services, equipment, or materials with respect to the
Project as an independent contractor.
24. Field Order —A written order issued by Engineer which requires minor changes in the
Work but does not change the Construction Contract Price or the Construction Contract
Times.
25. Front -End Construction Contract Documents —Those Construction Contract Documents
whose primary purpose is to establish legal and contractual terms and conditions,
typically including the Owner -Contractor agreement, bonds, general conditions, and
supplementary conditions. The term excludes the Drawings and Specifications, and any
Construction Contract Documents delivered or issued after the effective date of the
Construction Contract.
26. Laws and Regulations; Laws or Regulations —Any and all applicable laws, statutes, rules,
regulations, ordinances, codes, and orders of any and all governmental bodies, agencies,
authorities, and courts having jurisdiction.
27. Owner —The individual or entity named as such in this Agreement and for which
Engineer's services are to be performed. Unless indicated otherwise, this is the same
individual or entity that will enter into any Construction Contracts concerning the
Project.
28. Project —The total undertaking to be accomplished for Owner by engineers, contractors,
and others, including planning, study, design, construction, testing, commissioning, and
start-up, and of which the services to be performed or furnished by Engineer under this
Agreement are a part.
29. Record Drawings —Drawings depicting the completed Project, or a specific portion of
the completed Project, prepared by Engineer 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.
30. 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 Representative (RPR) includes any assistants or field staff of the RPR.
31. Samples —Physical examples of materials, 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 be judged.
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32. 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.
33. 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 by Owner which are designated for the
use of Contractor.
34. Specifications —The part of the Construction Contract Documents that consists of
written requirements for materials, equipment, systems, standards, and workmanship
as applied to the Work, and certain administrative requirements and procedural matters
applicable to the Work.
35. Subconsultant—An individual, design firm, consultant, or other entity having a contract
with Engineer to furnish professional services with respect to the Project as an
independent contractor.
36. Subcontractor —An individual or entity having a direct contract with Contractor or with
any other Subcontractor for the performance of a part of the Work.
37. Submittal —A written or graphic document, prepared by or for Contractor, which the
Construction Contract Documents require Contractor to submit to Engineer, or that is
indicated as a Submittal in the Schedule of Submittals accepted by Engineer. Submittals
may include Shop Drawings and Samples; schedules; product data; Owner -delegated
designs; sustainable design information; information on special procedures; testing
plans; results of tests and evaluations, source quality -control testing and inspections,
and field or Site quality -control testing and inspections; warranties and certifications;
Suppliers' instructions and reports; records of delivery of spare parts and tools;
operations and maintenance data; Project photographic documentation; record
documents; and other such documents required by the Construction Contract
Documents. Submittals, whether or not approved or accepted by Engineer, are not
Construction Contract Documents. Change Proposals, Change Orders, Claims, notices,
Applications for Payment, and requests for interpretation or clarification are not
Submittals.
38. 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 to Substantial Completion thereof.
39. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor
having a direct contract with Contractor or with any Subcontractor to furnish materials
or equipment to be incorporated in the Work by Contractor or a Subcontractor.
40. 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,
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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 and private utilities (including relocation if not
part of Construction Cost), 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.
41. Underground Facilities —All active or not -in-service underground lines, pipelines,
conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other
such facilities or systems at the Site, including but not limited to those facilities or
systems that produce, transmit, distribute, or convey telephone or other
communications, cable television, fiber optic transmissions, power, electricity, light,
heat, gases, oil, crude oil products, liquid petroleum products, water, steam, waste,
wastewater, storm water, other liquids or chemicals, or traffic or other control systems.
An abandoned facility or system is not an Underground Facility.
42. 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.
43. 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, or revision in the Work.
B. Terminology
1. The word "day" means a calendar day of 24 hours measured from midnight to the next
midnight.
ARTICLE 8—EXHIBITS AND SPECIAL PROVISIONS
8.01 Exhibits to Agreement
The following exhibits are incorporated by reference and included as part of this Agreement:
A. Exhibit A, Engineer's Services.
B. Exhibit B, Deliverables Schedule.
C. Exhibit C, Amendment to Owner -Engineer Agreement (form). "CURRENTLY NOT USED"
D. Exhibit D, Duties, Responsibilities and Limitations of Authority of Resident Project
Representative.
E. Exhibit E, EJCDC® C-626, Notice of Acceptability of Work (form). "CURRENTLY NOT USED"
F. Exhibit F, Electronic Documents Protocol (EDP). "NOT USED"
G. Exhibit G, Insurance.
EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 22 of 25
H. Exhibit H, Dispute Resolution. "NOT USED"
I. Exhibit I, Limitations of Liability.
J. Exhibit J, Payments to Engineer for Services and Reimbursable Expenses.
K. Exhibit K, City of Dubuque Standard Terms and Conditions.
8.02 Total Agreement
A. This Agreement (which includes the exhibits listed above) constitutes the entire contractual
agreement between Owner and Engineer and supersedes all prior written or oral
understandings. This Agreement may only be amended, supplemented, modified, or
canceled by a written instrument duly executed by both parties. Amendments should be
based whenever possible on the format of Exhibit C to this Agreement.
8.03 Designated Representatives
A. With the execution of this Agreement, Engineer and Owner shall each designate a specific
individual to act as representative under this Agreement. Such an individual must have
authority to transmit instructions, receive information, and render decisions with respect to
this Agreement on behalf of the party that the individual represents.
8.04 Engineer's Certifications
A. Engineer certifies that it has not engaged in corrupt, fraudulent, or coercive 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 anything of value
likely to influence the action of a public official in the selection process or in the
Agreement execution;
2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to
influence the selection process or the execution of the Agreement to the 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 of the Agreement.
8.05 Conflict of Interest
A. Nothing in this Agreement will be construed to create or impose any duty on the part of
Engineer that would be in conflict with Engineer's paramount obligations to the public
health, safety, and welfare under the professional practice requirements governing Engineer,
its Subconsultants, and all licensed professionals employed by Engineer or its
Subconsultants.
B. If during the term of this Agreement a potential or actual conflict of interest arises or is
identified:
1. Engineer and Owner together will make reasonable, good faith efforts to avoid or
eliminate the conflict of interest; to mitigate any adverse consequences of the conflict
of interest; and, if necessary and feasible, to modify this Agreement to address the
conflict of interest and its consequences, such that progress under the Agreement may
continue.
EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 23 of 25
2. Such efforts will be governed by applicable Laws and Regulations and by any pertinent
Owner's policies, procedures, and requirements (including any conflict of interest
resolution methodologies) provided to Engineer under Paragraph 2.04.A of this
Agreement.
EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 24 of 25
This Agreement's Effective Date is
Owner:
City of Dubuque
By:
Date:
Name:
(name of organization)
(individual's sigr'ature)
07/31/2024
(date signed)
Michael Van Milligen
(typed or printed)
Title: City Manager
Attest:
Title:
(typed or printed)
(individual's signature)
Administrative Assistant
(typed or printed)
Address for giving notices:
Designated Representative:
Name:
Title:
(typed or printed)
(typed or printed)
Address:
Phone:
Email:
Engineer:
Origin Design Co.
By:
Date:
(name of organization)
(individual's signature)
(date signed)
Name: Lauren Ray, PE, SE
(typed or printed)
Title: Vice President, Secretary
Attest:
(typed or printed)
(individual's signature)
Title: Water Resources Team Leader
(typed or printed)
Address for giving notices:
137 Main Street, Suite 100
Dubuque, Iowa 52001
Designated Representative:
Name: Marc D. Ruden
(typed or printed)
Title: Water Resources Team Leader
(typed or printed)
Address:
Origin Design Co.
137 Main Street, Suite 100
Dubuque, Iowa 52001
Phone: 563-556-2464
Email: marc.ruden@origindesign.com
EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 25 of 25
EXHIBITS TO AGREEMENT BETWEEN OWNER AND ENGINEER
FOR PROFESSIONAL SERVICES
TABLE OF CONTENTS
EXHIBIT A -ENGINEER'S SERVICES
EXHIBIT B-DELIVERABLES SCHEDULE
EXHIBIT C-AMENDMENT TO OWNER -ENGINEER AGREEMENT "CURRENTLY NOT USED"
EXHIBIT D-DUTIES, RESPONSIBILITIES, AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT
REPRESENTATIVE
EXHIBIT E-EJCDC® C-626, NOTICE OF ACCEPTABILITY OF WORK "CURRENTLY NOT USED"
EXHIBIT F-ELECTRONIC DOCUMENTS PROTOCOL (EDP) "NOT USED"
EXHIBIT G-INSURANCE
EXHIBIT H-DISPUTE RESOLUTION "NOT USED"
EXHIBIT I -LIMITATIONS OF LIABILITY
EXHIBIT J-PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES
COMPENSATION PACKET BC-1: BASIC SERVICES -LUMP SUM
COMPENSATION PACKET RPR-2: RESIDENT PROJECT REPRESENTATIVE -STANDARD HOURLY RATES
COMPENSATION PACKET AS-1: ADDITIONAL SERVICES -STANDARD HOURLY RATES
APPENDIX 1: REIMBURSABLE EXPENSES SCHEDULE
APPENDIX 2: STANDARD HOURLY RATES SCHEDULE
EXHIBIT K-CITY OF DUBUQUE STANDARD TERMS AND CONDITIONS
07242024balExhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
TOC Page 1 of 1
EXHIBIT A —ENGINEER'S SERVICES
Exhibit A Table of Contents
Article 1— BASIC SERVICES 1
1.01 Management of Engineering Services 1
1.02 Study and Report Phase 2
1.03 Preliminary Design Phase 2
1.04 Final Design Phase 3
1.05 Bidding/Proposal Phase 4
1.06 Construction Phase 5
Article 2— ADDITIONAL SERVICES 12
2.01 Additional Services Not Requiring Owner's Written Authorization 12
2.02 Additional Services Requiring Owner's Written Authorization 14
Engineer shall provide Basic and Additional Services as set forth below.
ARTICLE 1—BASIC SERVICES
1.01 Management of Engineering Services
A. Coordinate services within Engineer's internal team, and with Subconsultants and Engineer's
Subcontractors.
B. Prepare for and participate in meetings with consultants and contractors working on other
parts of the Project that may affect, or be affected by, Engineer's services or resulting
construction.
C. Prepare and submit monthly engineering services progress reports to the Owner. Include
summary of services performed in period, expected progress in next period, percent
completion of current tasks, and a description of major issues or concerns.
D. Special Invoicing: In addition to, or as a substitute for, Engineer's standard invoicing, provide
the specified additional information or documentation, following the invoicing procedures
indicated: Not Applicable.
E. Conduct ongoing management tasks, including:
a. Maintaining communications records and files pertaining to or arising from
Engineer's services;
b. With respect to Engineer's services and other directly relevant parts of the Project,
prepare for and participate in periodic progress meetings with Owner to discuss
progress, schedule, budget, issues, potential problems and their resolution; and
c. Preparing agendas prior to and minutes following all Engineer -led meetings.
Exhibit A —Engineer's Services.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 17
F. In all phases of Engineer's services, Engineer shall prepare draft and final Drawings in
accordance with Engineer's CAD standards.
G. The source documents for the draft and final Specifications in all phases of Engineer's
services will be Owner's standard specifications, unless otherwise mutually agreed upon by
the parties.
H. GIS Coordination:
1. Conduct Initial GIS Coordination meeting to define general nature of coordination with
Owner and Owner's GIS Department. The Owner intends to utilize the Owner's GIS
platform and web app to help communication during all phases of engineering services
associated with the Project and track various communication and coordination activities
related to the project's sites. This initial meeting will lay out the roles and responsibilities
for deliverables and sharing of information at later phases of design and construction.
2. Attend meetings during Preliminary Design and Final Design Phases to delineate limits
of contracts within Project. Limits shall be defined and locations of work will be
identified and marked electronically in coordination with Owner's GIS Department staff.
All electronic data and direct manipulation shall be performed by or under direct
guidance of Owner's GIS Department staff. Engineer shall coordinate to obtain
'snapshots' of data to be used by Engineer for exhibits and Drawings related to
deliverables. Owner shall be responsible for maintenance and updating of non -
Engineering services related functions in the GIS environment.
1.02 Study and Report Phase
A. Not Used.
1.03 Preliminary Design Phase
A. Upon written authorization from Owner, Engineer shall:
1. Review and assess all available Project information and data, including any pertinent
reports or studies (whether prepared by Engineer or others) and any related instructions
from Owner.
2. Perform or provide the following other Preliminary Design Phase tasks or deliverables:
a. Obtain 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/Proposal Documents and Front -End Construction
Contract Documents.
b. Prepare preliminary bid schedules and bid item descriptions for the proposed
improvements within the limits defined in the previously prepared Preliminary
Engineering Report.
c. Prepare preliminary drawings showing proposed standard details.
Exhibit A —Engineer's Services.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 2 of 17
d. Prepare an updated timeline associated with construction of the proposed
improvements, if required, based on the preliminary design documents.
e. Prepare a communications, permit, and agreement document that identifies
documents and respective duties for the Owner, Contractor, and Engineer related
to permits and agreements necessary to conduct construction.
f. Conduct a Preliminary Design Phase deliverable review meeting with the Owner to
obtain comments and recommended changes to deliverables to incorporate during
Final Design Phase.
B. Engineer's services under the Preliminary Design Phase will be considered complete on the
date when Engineer has delivered to Owner the final Preliminary Design Phase deliverables.
1.04 Final Design Phase
A. After acceptance by Owner of the Preliminary Design Phase deliverables the Final Design
Phase for each contract shall be initiated by Owner notification to Engineer
B. Upon written authorization from Owner, Engineer shall prepare final Drawings and
Specifications indicating the scope, extent, and character of the Work to be performed and
furnished by Contractor, in accordance with the Preliminary Design Phase deliverables.
1. Perform or provide the following other Final Design Phase activities or deliverables:
a. Prepare final draft form of contract and bidding documents, bid bond form,
agreement, performance and payment bonds, special contract provisions, and
special instructions to the Contractors, using Owner's Bidding/Proposal Documents
and Front -End Construction Contract Documents. All construction contract
documents should be reviewed by the Owner's legal counsel and by the funding
agency or grant administration organization.
b. Prepare final draft bid schedules and bid item descriptions for the proposed
improvements within the limits defined in the previously prepared Preliminary
Engineering Report Supplement.
c. Prepare final draft technical specifications for proposed improvements.
d. Prepare final draft drawings showing proposed standard details.
e. Prepare an updated Opinion of Probable Construction Cost for the proposed
improvements, if required, based on the final draft documents.
f. Prepare an updated timeline associated with construction of the proposed
improvements, if required, based on the final draft documents.
Prepare an updated communications, permit, and agreement document that
identifies documents and respective duties for the Owner, Contractor, and
Engineer related to permits and agreements necessary to conduct construction.
h. Identify and indicate in the Construction Contract Documents the permits and
approvals for which Contractor will be responsible, including work permits, building
permits, and other permits and approvals that will be Contractor's responsibility;
and, in addition, indicate those permits initially obtained by Owner for which
Contractor will be a co-permittee, together with associated requirements.
g•
Exhibit A —Engineer's Services.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 3 of 17
i. Conduct a Final Design Phase final draft deliverable review meeting with the Owner
to obtain comments and recommended changes to deliverables to incorporate into
final deliverables.
j•
Prepare the following permit applications for submittal to authorities having
jurisdiction over the construction or operation of the Project:
1) Iowa DNR Water Engineering Construction Permit
2) The applications shall be executed by Owner and delivered to the Engineer for
submittal to the authorities having jurisdiction. The Owner shall be
responsible for all application fees and costs.
k. Prepare and provide copies as needed of the final certified Drawings, certified
Technical Specifications, Bidding Documents, Contract Documents, and Opinion of
Probable Construction Cost for the Owner to initiating the public bidding process
with the City Council.
C. 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; assembled
drafts of the Front -End Construction Contract Documents; the draft Bidding/Proposal
Documents; and any other Final Design Phase deliverables, as revised.
1.05 Bidding/Proposal Phase
A. After acceptance by Owner of the Final Design Phase deliverables, 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 Bidding/Proposal Documents and proposed Construction
Contract Documents to prospective contractors; if 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, if any, for
the issued documents.
a. The Advertisement for Bids/Notice to Bidders will be posted on the Iowa League of
Cities and Master Builders/Construction Update web sites. It will also be published
in an acceptable local newspaper, as required by Iowa law.
b. Bidders proposals, plans, specifications and contract documents prepared by Origin
Design (electronic copies or paper copies) may be obtained at no cost to interested
parties from the Origin Design plan room through Tri-State Blueprint/Rapids
Reproduction of Dubuque. Iowa law requires the Owner to pay for copies of
bidding -related Documents provided to interested parties. Rapids Reproduction
will invoice the Owner for the costs associated with electronic download or
printing, binding, packaging, and postage/shipping if mailed/shipped, of all plans
and specifications
2. Prepare and issue addenda as appropriate to clarify, correct, or change the issued
documents.
3. If the issued documents require, the Engineer shall evaluate and determine the
acceptability of "or equals" and substitute materials and equipment proposed by
Exhibit A —Engineer's Services.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 4 of 17
prospective contractors, provided that such proposals are allowed by the bidding -
related documents (or requests for proposals or other construction procurement
documents) prior to award of contracts for the Work. Services under this paragraph are
subject to the provisions of Exhibit A Paragraph 2.01.A.2.
4. Attend the bid opening; prepare bid tabulation sheets; and assist Owner in evaluating
bids or proposals, assembling final Construction Contracts for the Work for execution
by Owner and Contractor, and in preparing notices of award to be issued by Owner for
such contracts.
5. Provide information or assistance needed by Owner in the course of any review of bids,
proposals, or negotiations with prospective contractors.
6. Consult with Owner as to the qualifications of prospective contractors.
7. 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 to which review of qualifications is required by the issued documents.
8. If Owner engages in negotiations with bidders or proposers, assist Owner with respect
to technical and engineering issues that arise during the negotiations.
9. Perform or provide the following other Bidding/Proposal Phase tasks or deliverables:
a. None.
10. The Bidding/Proposal Phase will be considered complete upon award of Construction
Contracts for the Work and commencement of the Construction Phase, or upon
cessation of negotiations with prospective contractors.
1.06 Construction Phase
A. After completion of the Final Design Phase and the Bidding/Proposal Phase:
1. Engineer shall be responsible only for those Construction Phase services expressly
required of Engineer in Exhibit A Paragraph 1.06, as duly modified. With the exception
of such expressly required services, Engineer shall have no design, Submittal (including
Shop Drawing) review, or other obligations during construction, and Owner assumes all
responsibility for providing or arranging for all other necessary Construction Phase
administrative, engineering, and professional services.
2. Owner waives all claims against Engineer and its officers, directors, members, partners,
agents, employees, and Subconsultants, and Engineer's Subcontractors, 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. Notwithstanding the foregoing waiver, Engineer shall be responsible for any
professional opinions and interpretations provided by Engineer to Owner during the
Construction Phase, including interpretations or clarifications of the Construction
Contract Documents.
Exhibit A —Engineer's Services.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 5 of 17
B. Upon successful completion of the Bidding/Proposal Phase, and upon authorization from
Owner, Engineer shall provide the following services:
1. General Administration of Construction Contract: Consult with Owner and act as
Owner's representative as provided in this Agreement and the Construction Contract.
Unless otherwise set forth in the scope of Basic Services (as duly modified), the extent
and limitations of the duties, responsibilities, and authority of Engineer shall be as
assigned in EJCDC® C-700, Standard General Conditions of the Construction Contract
(2018) or other construction general conditions specified in this Agreement. Except as
otherwise provided in the Construction Contract, Owner's communications to
Contractor will be issued through Engineer.
a. If the responsibilities of Engineer as set forth in the Construction Contract are
greater than those Construction Phase services expressly required of Engineer in
Exhibit A Paragraph 1.06, as duly modified, then Owner shall either (1) expand the
scope of the Construction Phase services to match those of the Construction
Contract, and compensate Engineer for any related increases in the cost to provide
Construction Phase services, pursuant to the provisions for compensating
Additional Services, or (2) identify a qualified individual or entity (other than
Engineer) responsible for the additional responsibilities in the Construction
Contract.
b. 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, or if Owner requires
Engineer's services for construction that extends longer than the anticipated
Construction Contract Times, then Owner shall compensate Engineer for any
related increases in the cost to provide Construction Phase services, pursuant to
the provisions for compensating Additional Services.
c. Engineer shall not be required to furnish or perform services contrary to Engineer's
responsibilities as a licensed professional.
2. Resident Project Representative (RPR): Provide the services of an RPR at the Site to assist
Engineer and to provide more extensive observation of Contractor's Work. 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 in Exhibit D.
3. Selection of Independent Testing Laboratory: Assist Owner in the selection of an
independent testing laboratory to perform required testing services.
4. Pre -Construction Conference: Participate in a pre -construction conference prior to
commencement of Work at the Site; prepare and distribute agenda for the conference
and prepare and distribute minutes of such conference.
5. Electronic Transmittal Protocols: If the Construction Contract does not establish
protocols for transmittal of Electronic Documents by Electronic Means, then Owner,
Engineer, and Contractor shall jointly develop such protocols.
6. Original Documents: If requested by Owner to do so, maintain and safeguard during the
Construction Phase at least one original printed record version of the Construction
Exhibit A —Engineer's Services.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 6 of 17
Contract Documents, including Drawings and Specifications signed and sealed 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, and, subject to the criteria of the Construction
Contract, 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. Advise Contractor in writing of Engineer's comments or
acceptance of schedules.
a. Schedules will be acceptable to Engineer as to form and substance:
1) Progress Schedule: if it provides an orderly progression of the Work to
completion within the Contract Times. Such acceptance will not impose on
Engineer responsibility for the Progress Schedule, for sequencing, scheduling,
or progress of the Work, nor interfere with or relieve Contractor from
Contractor's full responsibility therefor.
2) Contractor's Schedule of Submittals: if it provides a workable arrangement for
reviewing and processing the required Submittals.
3) Contractor's Schedule of Values: if it provides a reasonable allocation of the
Contract Price to the component parts of the Work.
8. Permits: Provide Owner with copies of technical information and supporting data
previously obtained or developed by Engineer for Owner's use, or for Owner to provide
to Contractor, in obtaining required permits and licenses delegated to Contractor by
Owner.
9. Visits to Site and Observation of Construction: In connection with observations of
Contractor's Work while it is in progress:
a. Make visits to the Site at intervals appropriate to the various stages of the Work,
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, including its RPR, 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 its RPR, 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. Engineer will
make a report of Engineer's visit, summarizing Engineer's general observations and
any significant findings.
b. The purpose of Engineer's visits to the Site, and representation by the Resident
Project Representative, if any, at the Site, will be to enable Engineer to better carry
Exhibit A —Engineer's Services.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 7 of 17
out the duties and responsibilities assigned to by this Agreement and undertaken
by Engineer during the Construction Phase, and, in addition, by the exercise of
Engineer's efforts as an experienced and qualified design professional, to provide
for Owner a greater degree of confidence that the completed Work will conform in
general to the Construction Contract Documents and that Contractor has
implemented and maintained the integrity of the design concept of the completed
Project as a functioning whole as indicated in the Construction Contract
Documents. Engineer will not, during such visits or as a result of such observations
of the Work, supervise, direct, or have control over the Work, nor will Engineer
have authority over or responsibility for the means, methods, techniques,
sequences, or procedures of construction selected or used by any Constructor, for
security or safety at the Site, for safety precautions and programs incident to any
Constructor's work in progress, for the coordination of the Constructors' work or
schedules, nor for any failure of any Constructor to comply with Laws and
Regulations applicable to furnishing and performing of its work. Accordingly,
Engineer neither guarantees the performance of any Constructor nor assumes
responsibility for any Constructor's failure to furnish or perform the Work, or any
portion of the Work, in accordance with the Construction Contract Documents.
10. Defective Work: If, on the basis of Engineer's observations or as indicated in
documentation available to Engineer, Engineer believes that any part of the Work is
defective under the terms and standards set forth in the Construction Contract
Documents, Engineer will promptly issue written notice to Contractor (with copy to
Owner) of such defective Work. Such notice will communicate the scope, extent (to
Engineer's understanding) of defect, and associated provisions of the Construction
Contract Documents.
a. Provide recommendations to Owner regarding whether Contractor should correct
such Work or remove and replace such Work, or whether Owner should consider
accepting the defective Work in accordance with the provisions of the Construction
Contract Documents. Engineer shall give notice to Contractor regarding whether
the defective Work should be repaired, replaced, or will be accepted by Owner.
b. However, Engineer's authority to provide this information to Owner or Engineer's
decision to exercise or not exercise such authority will not give rise to a duty or
responsibility of the Engineer to Contractors, Subcontractors, material and
equipment suppliers, their agents or employees, or any other person(s) or entities
performing any of the Work, including but not limited to any duty or responsibility
for Contractors' or Subcontractors' safety precautions and programs incident to
the Work.
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
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
Exhibit A —Engineer's Services.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 8 of 17
Documents (sometimes referred to as requests for information or interpretation—RFIs),
or relating to the acceptability of the Work under the Construction Contract Documents.
With reasonable promptness, render a written clarification, interpretation, or decision
on the issue submitted, or initiate an amendment or supplement to the Construction
Contract Documents.
13. Non -reviewable Matters: If a submitted matter in question concerns the Engineer's
performance of its duties and obligations, or terms and conditions of the Construction
Contract Documents that do not involve (a) the performance or acceptability of the
Work under the Construction Contract Documents, (b) the design (as set forth in the
Drawings, Specifications, or otherwise), or (c) other engineering or technical matters,
then Engineer will promptly give written notice to Owner and Contractor that Engineer
will not provide a decision or interpretation.
14. Field Orders: Subject to any limitations in the Construction Contract Documents,
Engineer may prepare and issue Field Orders requiring minor changes in the Work.
15. Change Orders and Work Change Directives: Recommend Change Orders and Work
Change Directives to Owner, as appropriate, and prepare Change Orders and Work
Change Directives as required.
16. 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 must 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.
17. 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 subject to limitations of Engineer's
obligations under this Agreement.
18. Contractor's Submittals: Review and approve or take other appropriate action with
respect to required Contractor Submittals, but only to determine if the items covered
by the Submittals will, after installation or incorporation in the Work, comply with the
requirements of the Construction Contract Documents, and for compatibility with the
design concept of the completed Project as a 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.
Exhibit A —Engineer's Services.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 9 of 17
19. Substitutes and "Or -equals": Evaluate and determine the acceptability of substitute or
"or -equal" materials and equipment proposed by Contractor, but subject to the
provisions of Exhibit A Paragraph 2.01.A.2.
20. Inspections and Tests
a. Receive and review all certificates of inspections, tests, and approvals required by
Laws and Regulations or the Construction Contract Documents. Engineer's review
of such certificates will be for the purpose of determining whether the results
certified indicate compliance with the Construction Contract Documents and will
not constitute an independent evaluation that the content or procedures of such
inspections, tests, or approvals comply with the requirements of the Construction
Contract Documents. Engineer shall be entitled to rely on the results of such
inspections and tests.
b. Reply to Contractor requests for written concurrence that specific portions of the
Work that are to be inspected, tested, or approved may be covered.
c. Issue written requests to Contractor that specific portions of the Work remain
uncovered.
d. As deemed reasonably necessary, request that Contractor uncover Work that is to
be inspected, tested, or approved.
e. Pursuant to the terms of the Construction Contract, require additional inspections
or testing of the Work, whether or not the Work is fabricated, installed, or
completed.
21. Contractor's Applications for Payment: Based on Engineer's observations as an
experienced and qualified design professional and on review of Applications for
Payment and accompanying supporting documentation:
a. Determine the amounts that Engineer recommends Contractor be paid.
Recommend reductions in payment (set offs) based on the provisions for set offs
stated in the Construction Contract. Such recommendations of payment will be in
writing and will constitute Engineer's representation to Owner, based on such
observations and review, that, within the limits of Engineer's knowledge,
information and belief, Contractor's Work has progressed to the point indicated,
the Work is generally in accordance with the Construction Contract Documents
(subject to an evaluation of the Work as a functioning whole prior to or upon
Substantial Completion, to the results of any subsequent tests called for in the
Construction Contract Documents, and to any other qualifications stated in the
recommendation), and the conditions precedent to Contractor's being entitled to
such payment appear to have been fulfilled in so far as it is Engineer's responsibility
to observe the Work. In the case of unit price Work, Engineer's recommendations
of payment will include final determinations of quantities and classifications of the
Work (subject to any subsequent adjustments allowed by the Construction
Contract Documents).
b. By recommending payment, Engineer shall not thereby be deemed to have
represented that observations made by Engineer to check the quality or quantity
of Contractor's Work as it is performed and furnished have been exhaustive,
Exhibit A —Engineer's Services.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 10 of 17
extended to every aspect of Contractor's Work in progress, or involved detailed
inspections of the Work beyond the responsibilities specifically assigned to
Engineer in this Agreement. Neither Engineer's review of Contractor's Work for the
purposes of recommending payments nor Engineer's recommendation of any
payment including final payment will impose on Engineer responsibility to
supervise, direct, or control the Work, or for the means, methods, techniques,
sequences, or procedures of construction or safety precautions or programs
incident thereto, or Contractor's compliance with Laws and Regulations applicable
to Contractor's furnishing and performing the Work. It will also not impose
responsibility on Engineer to make any examination to ascertain how or for what
purposes Contractor has used the 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 paid.
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 provided under Exhibit A Paragraph 1.06.6.18. Receive from
Contractor, review, and transmit to Owner the annotated record documents which are
to be assembled by Contractor in accordance with the Construction Contract
Documents to obtain final payment. The extent of Engineer's review of record
documents will be to check that Contractor has submitted a complete set of those
documents that Contractor is required to submit.
23. Substantial Completion: Promptly after notice from Contractor that Contractor
considers the entire Work ready for its intended use, visit the Site in company with
Owner and Contractor to review the Work and determine the status of completion.
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 of a final certificate of Substantial Completion. Assist
Owner regarding any remaining engineering or technical matters affecting Owner's use
or occupancy of the Work following Substantial Completion.
24. Other Tasks: Perform or provide the following other Construction Phase tasks or
deliverables:
a. None.
25. Completion and Acceptability of the Work: After notice from Contractor that the Work
is complete:
a. visit the Site with Owner and Contractor to determine if the Work is in fact
complete and acceptable;
b. notify Contractor of any part of the Work that is found during the visit to be
incomplete or defective, and subsequently confirm that Contractor has corrected
any such deficiencies;
Exhibit A —Engineer's Services.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 11 of 17
c. follow the procedures in the Construction Contract regarding review and response
to Contractor's application for final payment and accompanying documentation;
and
d. if Engineer is satisfied that the Work is complete and acceptable, provide a notice
to Owner and Contractor using EJCDC® C-626, Notice of Acceptability of Work
(attached as Exhibit E), stating that the Work is acceptable (subject to the
provisions of the Notice and this Exhibit A) within the limits of Engineer's
knowledge, information, and belief, and based on the extent of the services
provided by Engineer under this Agreement.
26. 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 proceedings, interpretations, decisions, or judgments conducted
or rendered in good faith.
C. 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 Contractor. If the Project involves
more than one (1) prime contract as indicated in Exhibit A Paragraph 1.04.A.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.
ARTICLE 2—ADDITIONAL SERVICES
2.01 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 need not
request or obtain specific advance written authorization from Owner. Engineer shall cease
performing or furnishing such Additional Services upon receipt of written notice to cease
from Owner. These services are not included as part of Basic Services and will be paid for by
Owner as indicated in Exhibit J.
1. Substantive design and other technical services in connection with Work Change
Directives, Change Proposals, and Change Orders to reflect changes requested by
Owner.
2. Services essential to the orderly progress of the Bidding/Proposal and Construction
Phases and not wholly quantifiable prior to those Phases or otherwise dependent on
the actions of prospective individual bidders or contractors and including:
a. making revisions to Drawings and Specifications occasioned by the acceptance of
substitute materials or equipment other than "or equal" items;
Exhibit A —Engineer's Services.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 12 of 17
b. 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;
c. evaluation and determination of an excessive number of proposed "or equals" or
substitutions, whether proposed before or after award of the Construction
Contract; and
d. providing to the Contractor or Owner additional or new information not previously
prepared or developed by the Engineer for their use in applying for or obtaining
required permits and licenses, in responding to agency comments on such
applications, or in the administration of any such permits or licenses.
3. Services resulting from significant delays, changes, or price increases occurring as a
direct or indirect result of materials, equipment, or 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, (b) emergencies or
acts of God endangering the Work, (c) damage to the Work by fire or other causes during
construction, (d) a significant amount of defective, neglected, or delayed Work, (e)
acceleration of the progress schedule involving services beyond normal working hours,
or (f) default by Contractor.
5. Implement coordination of Engineer's services with other parts of the Project that are
not planned or designed by Engineer or its Subconsultants, unless Owner furnished to
Engineer substantive information about such other parts of the Project prior to the
parties' entry into this Agreement, in the Baseline Information section of this Exhibit A,
or otherwise in Exhibit A; if such substantive information has been so provided,
coordination of Engineer's services will be part of Basic Services.
6. Implement the specific parts of an Underground Facilities Procedure that are assigned
to Engineer, or above -ground utilities tasks that are assigned to Engineer as the Project
progresses (but not including the design -related services already assigned to Engineer
as a Basic Service).
7. Services (other than Basic Services during the Post -Construction Phase) in connection
with any partial utilization of the Work by Owner prior to Substantial Completion.
8. Evaluating unreasonable or frivolous requests for interpretation or information (RFIs),
Change Proposals, or other demands from Contractor or others in connection with the
Work, or an excessive number of RFIs, Change Proposals, or demands.
9. Reviewing a Shop Drawing or other Contractor submittal more than three times, as a
result of repeated inadequate submissions by Contractor.
10. 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.
11. To the extent the Project is subject to Laws and Regulations governing public or
government records disclosure or non -disclosure, Engineer will comply with provisions
applicable to Engineer, and Owner will compensate Engineer as Additional Services for
Exhibit A —Engineer's Services.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 13 of 17
Engineer's costs to comply with any disclosure or non -disclosure obligations beyond
those identified in the Basic Services.
12. Services directly attributable to changes in Engineer's Electronic Documents obligations
after the effective date of the Agreement.
2.02 Additional Services Requiring Owner's Written Authorization
A. If authorized in writing by Owner, Engineer shall provide Additional Services of the types
listed below. These services are not included as part of Basic Services and will be paid for by
Owner as indicated in Exhibit J.
1. Obtain or provide specified additional Project -related information and data to enable
Engineer to complete its Basic and Additional Services.
2. Preparation of special and customized reporting, invoicing, and related support
documentation in addition to that identified to be provided under Basic Services.
3. Preparation of applications and supporting documents (in addition to those furnished
under Basic Services) for private or governmental grants, loans, or advances in
connection with the Project; preparation or review of environmental assessments and
impact statements; review and evaluation of the effects on the design requirements for
the Project of any such statements and documents prepared by others; and assistance
in obtaining approvals of authorities having jurisdiction over the anticipated
environmental impact of the Project.
4. Services to make measured drawings of existing conditions or facilities, to conduct tests
or investigations of existing conditions or facilities, or to verify the accuracy of drawings
or other information furnished by Owner or others.
5. 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.
6. Services resulting from Owner's request to evaluate additional Study and Report Phase
alternative solutions beyond those agreed to in Exhibit A Paragraph 1.02.A.1.
7. Services required as a result of Owner's providing incomplete or incorrect Project
information to Engineer.
8. Providing renderings or models for Owner's use, including development, management,
and other services in support of building information modeling or civil integrated
management.
9. Undertaking investigations and studies including, but not limited to:
a. All -hazards risk assessments and other studies to evaluate the feasibility of
enhancing the resiliency of the design;
Exhibit A —Engineer's Services.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 14 of 17
b. detailed consideration of operations, maintenance, and overhead expenses;
c. 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 of the Project, and do not include rendering advice regarding
municipal financial products or the issuance of municipal securities;
d. preparation of appraisals;
e. with respect to proprietary systems or processes requiring licensing, providing
services necessary to assist Owner in obtaining such licensing.
f. detailed quantity surveys of materials, equipment, and labor; and
g•
audits or inventories required in connection with construction performed or
furnished by Owner.
10. Furnishing services of Subconsultants or Engineer's Subcontractors for other than Basic
Services.
11. Providing data or services of the types described in Article 2, when Owner retains
Engineer to provide such data or services instead of Owner furnishing the same.
12. Providing the following services:
a. Services attributable to more prime construction contracts than specified in
Exhibit A Paragraph 1.04.A.1.
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.
13. Services during out-of-town travel required of Engineer, other than for visits to the Site
or Owner's office as required in Basic Services (Article 1 of Exhibit A).
14. Preparing for, coordinating with, participating in and responding to structured
independent review processes, including, but not limited to, construction management,
cost estimating, project peer review, value engineering, and constructability review
requested by Owner; and performing or furnishing services required to revise studies,
reports, Drawings, Specifications, or other documents as a result of such review
processes.
15. Preparing additional bidding -related documents (or requests for proposals or other
construction procurement documents); preparing pre -qualification procedures and
documents, and participating in pre -qualifying prospective Bidders; and preparing
Construction Contract Documents for alternate bids.
16. Assistance in connection with bid protests, rebidding, or renegotiating contracts for
construction, materials, equipment, or services.
17. Preparing conformed Construction Contract Documents that incorporate and integrate
the content of all addenda and any amendments negotiated by Owner and Contractor.
18. Services to assist Owner in developing or modifying protocols for transmittal of
Electronic Documents by Electronic Means after the effective date of this Agreement,
Exhibit A —Engineer's Services.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 15 of 17
either by revising or adapting Exhibit F to the Project or implementing other Electronic
Documents protocols among Project participants.
19. Any services by Engineer in connection with Owner or Engineer providing a Document
to a Requesting Party under Exhibit F Paragraph 1.01.D (see Exhibit F, Electronic
Documents Protocol), or any other distribution of a Document to a third party. Such
services may include but are not limited to preparing the data contained in the
requested Document in a manner deemed appropriate by Engineer; creating or
otherwise preparing and distributing the Document in a format necessary to respond to
Owner's direction or decision to provide the Document to a requesting party, including
Contractor, in a format other than that required for deliverables from Engineer to
Owner; and services in connection with obtaining required releases from the third
parties to which the Documents will be distributed. Compensation for these Additional
Services is not contingent upon Owner's reimbursement from the requesting party.
20. 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.
21. Preparing Record Drawings, and furnishing such Record Drawings to Owner.
22. Supplementing Record Drawings with information regarding the completed Project,
Site, and immediately adjacent areas obtained from field observations, Owner, utility
companies, and other reliable sources.
23. Conducting surveys, investigations, and field measurements to verify the accuracy of
Record Drawing content obtained from Contractor, Owner, utility companies, and other
sources; revise and supplement Record Drawings as needed.
24. Preparation of operation, maintenance, and staffing manuals.
25. Protracted or extensive assistance in refining and adjusting of Project equipment and
systems (such as initial startup, testing, and balancing).
26. Assistance to Owner in training Owner's staff to operate and maintain Project
equipment and systems.
27. Assistance to Owner in developing systems and procedures for (a) control of the
operation and maintenance of Project equipment and systems, and (b) related
recordkeeping.
28. Preparing to serve or serving as a consultant or witness for, or producing documents for
or on behalf of, Owner in any litigation, arbitration, mediation, lien or bond claim, or
other legal or administrative proceeding involving the Project (but not including
disputes between Owner and Engineer).
29. Overtime work requiring higher than regular rates.
30. Providing construction surveys and staking to enable Contractor to perform its work
other than as required under Exhibit A Paragraph 1.06.B.9; any type of property surveys
or related engineering services needed for the transfer of interests in real property;
providing construction and property surveys to replace reference points or property
Exhibit A —Engineer's Services.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 16 of 17
monuments lost or destroyed during construction; and providing other special field
surveys.
31. Providing more extensive services required to enable Engineer to issue notices or
certifications requested by Owner.
32. 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).
33. Other additional services performed or furnished by Engineer not otherwise provided
for in this Agreement.
Exhibit A —Engineer's Services.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 17 of 17
EXHIBIT B—DELIVERABLES SCHEDULE
Paragraphs 2.04.E, 3.02.A, and Exhibit A of the Agreement are supplemented by the following engineering
documents deliverable timeline. Engineer shall furnish Documents to Owner generally according to the
schedule in order to allow for subsequent review, comment, or other identified actions with respect to
the Documents to progress the project in a timely fashion. Dates are based upon receipt of notice to
proceed from City by July 16, 2024 and are provided as a general guideline subject to change and
adjustment based on needs developed and agreed upon during the course of services.
1.1 Preliminary Design Phase
A. Preliminary Design Phase Documents Package - by 08/30/2024
1.2 Final Design Phase
A. 90% Final Design Documents Package - by 09/27/2024
B. 100% Final Design Documents Package - by 10/25/2024
C. Final Contract Documents Package - by 11/22/2024
Exhibit B—Deliverables Schedule.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 1
EXHIBIT C—AMENDMENT TO OWNER -ENGINEER AGREEMENT "CURRENTLY NOT USED"
AMENDMENT TO OWNER -ENGINEER AGREEMENT
Amendment No. [Enter Amendment Number]
Owner: [Name of Owner]
Engineer: [Name of Engineer]
Project: [Name of Project]
Effective Date of Owner -Engineer Agreement: [Effective Date of Agreement]
Nature of Amendment: (Check those that apply)
❑ Additional Services to be performed by Engineer
❑ Modifications to services of Engineer
❑ Modifications to responsibilities of Owner
❑ Modifications of payment to Engineer
❑ Modifications to time(s) for rendering services
❑ Modifications to other terms and conditions of the Agreement
Description of Modifications:
[Here describe the modifications, in as much specificity and detail as needed. Use an attachment if
necessary. Include cost breakdown and documentation, if applicable.]
Agreement Summary:
Original agreement amount: $
Net change for prior amendments: $
This amendment amount: $
Adjusted Agreement amount: $
Change in time for services (days or date, as applicable):
Owner and Engineer hereby agree to modify the above -referenced Agreement as set forth in this
Amendment. The Effective Date of the Amendment is [Enter Effective Date of Amendment].
Owner Engineer
(typed or printed name of organization) (typed or printed name of organization)
By: By:
(individual's signature) (individual's signature)
(Attach evidence of authority to sign.) (Attach evidence of authority to sign.)
Date: Date:
Name:
Title:
(date signed) (date signed)
Name:
(typed
(typed or printed)
(typed or printed) (typed or printed)
Exhibit C—Amendment to Owner -Engineer Agreement.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 1
EXHIBIT D—DUTIES, RESPONSIBILITIES, AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT
REPRESENTATIVE
ARTICLE 1—RESIDENT PROJECT REPRESENTATIVE SERVICES
Article 1 of the Agreement, Services of Engineer, and Exhibit A, Engineer's Services, are supplemented to
include Exhibit D Paragraphs 1.01, 1.02, and 1.03, as follows:
1.01 Resident Project Representative
A. Engineer shall furnish a Resident Project Representative ("RPR") to observe progress and
quality of the Work. 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.
B. The RPR will provide full-time representation during active construction, which is anticipated
for an equivalent duration of 40 working days during a 5-month construction period.
C. Subject to the scope of RPR's observations of the Work, which may include field checks of
materials and installed equipment, Engineer shall endeavor to identify defects and
deficiencies in the Work. However, Engineer shall not, as a result of such RPR observations
of the Work, supervise, direct, inspect, or have control over the Work, nor shall Engineer
(including the RPR) have authority over or responsibility for the means, methods, techniques,
sequences, or procedures of construction selected or used by any Constructor, for security
or safety at the Site, for safety precautions and programs incident to the Work or any
Constructor's work in progress, for the coordination of the Constructors' work or schedules,
or for any failure of any Constructor to comply with Laws and Regulations applicable to the
performing and furnishing of its work. The Engineer (including RPR) neither guarantees the
performance of any Constructor nor assumes responsibility for any Constructor's failure to
furnish and perform the Work, or any portion of the Work, in accordance with the
Construction Contract Documents. In addition, the specific terms set forth in Exhibit A
Paragraph 1.06 are applicable.
1.02 Duties and Responsibilities of RPR
A. The duties and responsibilities of the RPR are as follows:
1. General: RPR's dealings in matters pertaining to the Work in general will be with
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 and Sample
submittals, schedule of values, and other schedules prepared by Contractor and consult
with Engineer concerning acceptability of such schedules.
3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction
conferences, progress meetings, job conferences, and other Project -related meetings
(but not including Contractor's safety meetings), and as appropriate prepare and
circulate copies of minutes thereof.
Exhibit D—Duties, Responsibilities, and Limitations of Authority of Resident Project Representative.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 5
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 additional 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—RFIs), 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, Samples, and other Submittals
a. Receive Samples that are furnished at the Site by Contractor.
b. Receive Contractor -approved Shop Drawings.
c. Receive other Submittals from Contractor.
d. Record date of receipt of Samples, Contractor -approved Shop Drawings, and other
Submittals.
e. Notify Engineer of availability of Samples for examination, and forward Contractor -
approved Shop Drawings and other Submittals to Engineer. When appropriate
recommend distribution of Submittal to specified Subconsultants.
f. 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.
8. 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,
Exhibit D—Duties, Responsibilities, and Limitations of Authority of Resident Project Representative.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 2 of 5
removed and replaced, or accepted as provided in the Construction Contract
Documents.
b. Inform Engineer of 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.
c. Advise Engineer of that part of the Work that RPR believes should be uncovered for
observation, or requires special testing, inspection, or approval.
10. GIS Data Gathering and Entry:
a. Input photos and status information to Owner's GIS Application based on progress
observed at sites. RPR will access the application via an internet capable device
using credentials provided by the Owner. In general, the RPR will be responsible for
inputting information that may include the following:
1) Digital photos of pre -construction, construction progress, and post -
construction events as defined necessary by Owner.
2) Dated updates for progress activities such as notifications, excavation,
tapping, abandonment, and flushing, and placing into service replacement
service line.
3) Signature obtained from Property Owner acknowledging completion of work
and start-up of service line activities.
11. 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 Owner's
personnel, and that Contractor maintains adequate records thereof.
c. Observe, record, and report to Engineer appropriate details relative to the test
procedures and systems start-ups.
d. Observe whether Contractor has arranged for inspections required by 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.
f. Nothing in this Agreement will be construed to require RPR to conduct inspections.
12. Records
a. Maintain at the Site orderly files for correspondence, reports of job conferences,
copies of Construction Contract Documents including all Change Proposals, Change
Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued
subsequent to the execution of the Construction Contract, RFIs, Engineer's
Exhibit D—Duties, Responsibilities, and Limitations of Authority of Resident Project Representative.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 3 of 5
clarifications and interpretations of the Construction Contract Documents,
progress reports, approved Shop Drawing and Sample submittals, and other
Project -related documents.
b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on
the Site, Subcontractors present at the Site, weather conditions, data relative to
questions of Change Proposals, Change Orders, Field Orders, Work Change
Directives, or changed conditions, Site visitors, deliveries of equipment or
materials, daily activities, decisions, observations in general, and specific
observations in more detail as in the case of observing test procedures; and send
copies to Engineer.
c. Upon request from Owner to Engineer, photograph or video Work in progress or
Site conditions.
d. Record and maintain accurate, up-to-date lists of the company names and points
of contact for Contractors, Subcontractors, and major Suppliers of materials and
equipment.
e. Maintain records for use in preparing Project documentation.
f. Upon completion of the Work, furnish original set of all RPR Project documentation
to designated recipients.
13. Reports
a. Furnish 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 responses to or make recommends on Change Proposals, 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 appropriate parties of the occurrence of any Site accidents,
emergencies, natural catastrophes endangering the Work, possible force majeure
or delay events, damage to property by fire or other causes, or the discovery of any
potential differing site condition or Constituent of Concern.
14. 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.
15. 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
Exhibit D—Duties, Responsibilities, and Limitations of Authority of Resident Project Representative.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 4 of 5
Contract Documents, and have these documents delivered to Engineer for review and
forwarding to Owner prior to payment for that part of the Work.
16. Completion
a. Participate in Engineer's 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. Participate in Engineer's visit to the Site in the company of Owner and Contractor,
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 concerning acceptance and
issuance of the Notice of Acceptability of the Work (Exhibit E).
1.03 Limitations of Authority
A. Resident Project Representative shall not:
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 of the responsibilities of Contractor, Subcontractors, or Suppliers, or any
Constructor.
4. 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.
7. Accept Shop Drawing or Sample submittals from anyone other than Contractor.
8. Authorize Owner to occupy the Project in whole or in part.
Exhibit D—Duties, Responsibilities, and Limitations of Authority of Resident Project Representative.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 5 of 5
EXHIBIT E—EJCDC® C-626, NOTICE OF ACCEPTABILITY OF WORK "CURRENTLY NOT USED"
NOTICE OF ACCEPTABILITY OF WORK (EJCDC® C-626 2018)
Owner: Owner's Project No.:
Engineer: Engineer's Project No.:
Contractor: Contractor's Project No.:
Project:
Contract Name:
Notice Date: Effective Date of the Construction Contract:
The Engineer hereby gives notice to the Owner and Contractor that Engineer recommends final payment
to Contractor, and that the Work furnished and performed by Contractor under the Construction Contract
is acceptable, expressly subject to the provisions of the Construction Contract's Contract Documents
("Contract Documents") and of the Agreement between Owner and Engineer for Professional Services
dated [date of professional services agreement] ("Owner Engineer Agreement"). This Notice of
Acceptability of Work (Notice) is made expressly subject to the following terms and conditions to which
all who receive and rely on said Notice agree:
1. This Notice has been prepared 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.
2. This Notice reflects and is an expression of the Engineer's professional opinion.
3. This Notice has been prepared 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 Engineer has been
employed by Owner to perform or furnish during construction of the Project (including observation
of the Contractor's Work) under the Owner Engineer Agreement, and applies only to facts that are
within Engineer's knowledge or could reasonably have been ascertained by Engineer as a result of
carrying out the responsibilities specifically assigned to Engineer under such Owner Engineer
Agreement.
5. This Notice is not a guarantee or warranty of Contractor's performance under the Construction
Contract, an acceptance of Work that is not in accordance with the Contract Documents, including
but not limited to defective Work discovered after final inspection, nor an assumption of
responsibility for any failure of Contractor to furnish and perform the Work thereunder in
accordance with the Contract Documents, or to otherwise comply with the Contract Documents or
the terms of any special guarantees specified therein.
6. This Notice does not relieve Contractor of any surviving obligations under the Construction Contract,
and is subject to Owner's reservations of rights with respect to completion and final payment.
Engineer
By (signature):
Name (printed):
Title:
Exhibit E—Notice of Acceptability of Work.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 1
EXHIBIT F-ELECTRONIC DOCUMENTS PROTOCOL (EDP) "NOT USED"
Exhibit F—Attachment 1: Software Requirements for Electronic Document Exchange.
Exhibits to EJCDC° E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 1
EXHIBIT G—INSURANCE
INSURANCE
Paragraph 6.04 of the Agreement, Insurance, is supplemented to include the following Insurance Schedule
J from City of Dubuque Insurance Requirements for Professional Services.
Exhibit G—Insurance.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 5
1_
City of dubuquie Insurance Regriremenhs far Professional Services
INSURANCE SCHEDULE J
Origin Design sh1 furnish a signed oertifr.ate of insurance to the City of Dubuque, Iowa far
the coverage required in Exhilk I prior 133 commencing mark and at the end or the project if the
term ofwark is longer than ea days_ Contractors presenting annual certificates shall present a
certifrcate at the end of each project with the final billing. Each certificate shall be prepared on
the mast current ACORD form approved by the Iowa Departmental Insurance ar an equivalent
approved by the Direatorof Finance and Budget Each certificate shall include a statement under
Description of Operations as to why the certificate was issued. Eg: Prajeat # 22128 or Project
Location at or construction al
2_ All policies of insurance required hereunder shall be with an insurer authorized ID do tuskless ih
Iowa and all insurers shall have a rating of A ar better in the current A.M. BesCs Rating Guide.
3_ Each certificate shall be fumished to the Finance Departmenlcf the City of Dubuque.
4_ Failure to provide coverage required by this Insurance Schedule shall not be deemed a waiver of
these requirements by the Citycf Dubuque. Failure to obtain or maintain the required insurance
shall be considered a material breach of this agreement
5_ Contractors steel require all subconsultants and sub-subconsultants to obtain and maintain during
the perfarrnanoe of work insurance for the coverages described in this Insurance Schedule and
shall obtain certificates of insurances from all such subcansultarlts and sub subcansultants_
Contractors agree that they shall be liable for the failure of a subconsultant and sub-
subcansultanttD obtain and maintain such coverages_ The City may request a copy of such
certificates from the Contractor_
B. All required endorsements shall be attached to the certificate. The certificate is due before the
cantracUagreement can be approved.
7_ Whenever a specific ISO form is listed, required the current edition of the form must be used. or
an eq uivalent form maybe substituted if approved by the Director of Finance and Budget and
subject tip the contractor identifying and listing in writing all deviations and exclusions from the
ISO form.
B. Contractors shall be required to carry the minimum cc eragellimits, or greater if required by law
or other legal agre-ement, in Exhibit I. Ill the contractor's limits of I iabil ity are higher than the
required minimum limits then the provider's limits shall be this agreement's required limits_
g_ Contractor shall be respansib1e for deductibles and self -insured retention for payment of all policy
premi urns and other cost associated with the insurance policies required below.
10. All certificatesof insurance must include agents name, phone number, and email address_
11. The City of Dubuque reserves the right to require complete, certified copies alai! required
insurance policies, including endorsements, required by this Schedule at any time_
12. The City of Dubuque reserves the right to mad ify these requirements, including limits, based on
changes in the risk ar other special circumstances during the term of the agreement, subject to:
mutual agreement of the parties.
Page 1 af4 Schedule J Professional Services January 2023
Exhibit G—Insurance.
Exhibits to EJCDC° E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 2 of 5
City of Dubuque Insurance Requirements for Professional Services
INSURANCE SCHEDULE J (continued)
Exhibit I
Aj COMMERCIAL GENERAL LIABILITY
General Aggregate Limit
Products -Completed Operations Aggregate Limit
Personal and Advertising Injury Limit
Each Occurrence
Fire Damage Limit (any one occurrence)
Medical Payments
S2,O0U, DOD
S 1,ODU, DOD
S 1,ODU, DOD
S1,ODU,DOD
S50, DUD
$5, DOD
1) Coverage shall be written on an occurrence. notclaims made. farm. The general
liability coverage shall be written in aaxrd with ISO form CG OD 01 Dr business
owners form BP OD 02. All deviations tam the standard ISO commercial general
liability form CG DC C1, ar business owners form BP OD O2, shall be clearly
identified.
2) Include endorsement indicating that coverage is primary and non-antributary.
3) Include Preservation of Governmental Immunities Endorsement. (Sample
attached).
4) Include additional insured endorsemen- for.
The City of Dubuque, including all its elected and appaiited officials, all its
employees and volunteers, all its boards. commissions andfor authorities and
thei- board members, employees and volunteers- Use ISO form CG 20 215.
5) Policy shall include Waiver of Right to Recover from Others endorsement
Policy shall ncludecancellatian and material change endorsement providing
thirty (3D) days advance written notice of cancellation. non -renewal, reduction in
insurance coverage andfar limits and ten (10) days written notice of non-payment
of premium shall be sent ID: City of Dubuque Finance Department, 50 West 1311'
Street Dtbugae, Iowa 52CC 1.
B) AUTOMOBILE LIABILJTY
Combined Single Limit S 1,ODU, DOD
Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's
business does not Dun any vehicles, coverage is required an non -owned and hired
vehicles.
1) Policy shall include Waiver Df Right to Re overfrom C}thers endorsement
CI WORKERS' COMPENSATION It EMPLOYERS LIABILffY
Statutory Benefits covering all employees injured an the job by accident ar disease as
prescribed by Iowa Code Chapter 8E.
Coverage A
Coverage B
Statutory —State o` Iowa
Employers Liabili3r
Each Accident
Each Employee -Disease
Policy Limit -Disease
$1DO,IJOD
$1DO,CIOD
$SDO,UOD
Policy shall include Waiver of Right to Recoverfrcm Others endorsement
Page 2 oft Schedule J Professional Services January 2C23
Exhibit G—Insurance.
Exhibits to EJCDC° E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 3 of 5
City of Dubuque Insurance Requirements for Professional Services
Coverage B limits shall tre greater if required by the urr brella'excess insurer_
OR
If, by lama Code Section a5.1 A, the Contractor is not required to purchase Workers'
Compensation Insurance, the Contractor shall have a copy of the State's Noneleclion of
Workers' Compensation or Employers' Liability Coverage form on file with the Iowa
Workers' Compensation Insurance Commissioner, as required by Iowa Cade Section
B7.22. Cample.ed form must be attached.
D) UNIERELLfUEXCES5 LIABILITY S1,OCO,COD
The General Liability, Automobile Liability and Workers Compensation Insurance
requirements may be satisfied with a combination of prima ry and Umbrella or Excess
Liability Insurance. If the Umbrella ar Excess Insurance policy does not follow the forrr of
the primary policies. it shall include the same errdorsemems as required of the primary
policies including but not limited to Waiver of Subrogation and Primary and Non-
contributory in favor of the City_
E) PROFESSIONAL LIAR ILJTY L2,0110,BOB
lithe required policy provides. claims -made coverage:
1) The Relraactive Date must be shown and must be before the date afthe
agreement
2) Insurance must be maintained and evidence of insurance must be provided brat
feast frve (5) years ailer completion of the work ar services.
3) If coverage is canceled ar non -renewed and not replaced with another claims -
made poi&y+ form with a Retroactive Date priar to the date of the agreement the
contractor must provide 'extended reporting' coverage far a minimum utfive (ti)
years after completion of the work or services.
F) C113ER LIABILTTYiBREACH L 1,0011001}
xYes _No
Coverage for First and Third Party liability including but not limited to lost data and
restoration, loss of irxorre and cyherbreach of information.
Page 3 of4 ScheduleJ Professional Services January 2C23
Exhibit G—Insurance.
Exhibits to EJCDCa' E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 4 of 5
City of Dubuque Insurance Regiirements for Professional Services
Please be aware that naming the City of Dubuque as an additional insured as is required by this
Insurance Schedule may result in the waiver of the City s governmental immunities provided in Iowa Cade
sec_ 071.0_4. If you would like ID preserve those immunities, please use this endorsement or an equivalent
farm.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1_ Nonwaiverof Gaverrnrental Immunity. The insurer expressly agrees and states that the purchase
of this policy and the inducing af the City of Dubuque, Iowa as an Additional Insured does not waive any
of the defenses of governmental inmuniy available ID the City of Dubuque. Iowa under Code of Iowa
Section €170_4 as it is now exists and as it may be amended from lime to time_
2_ Claims Coverage_ The insurer further agrees that this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under the Code of Iowa Section 070.4 as it
now exists and as it may be amended from lirne to time. Those claims not subject to Code of Iowa
Section 1570.4 shall be covered by the terms and conditions of this insurance policy_
3_ Assertion of Government I mmun ity_ The City of Dubuque. Iowa shall be responsible for asserthg
any defense of governmental immunity, and may do so at any lime and shall do so upon the timely written
request of the insurer.
4_ Flan -Denial of Coverage. The insurer shall not deny coverage under Ihis policy and the insurer
shall not deny any of the rights and benefit accruing to The City of Dubuque, Iowa under this policy for
reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of
the defense(s) of governmen:al immunity asserted by the City of Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MAFNAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 4 of 1 Schedule J Professional Services January 2C23
Exhibit G—Insurance.
Exhibits to EJCDC° E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 5 of 5
EXHIBIT H-DISPUTE RESOLUTION "NOT USED"
Exhibit H—Dispute Resolution.
Exhibits to EJCDC° E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 1
EXHIBIT I —LIMITATIONS OF LIABILITY
ARTICLE 1—LIMITATIONS OF LIABILITY
Paragraph 6.10 of the Agreement is supplemented to include Exhibit I Paragraph(s) [specify 1.01, Mutual
Indemnification; 1.02, Limitation of Engineer's Liability; or both]:
1.01 Mutual Indemnification
A. Indemnification by Owner: 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 Subconsultants, and Engineer's Subcontractors, from and against
any and all claims, costs, losses, and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other professionals, and all court,
arbitration, or other dispute resolution costs) arising out of or relating to the Project,
provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness,
disease, or death or to injury to or destruction of tangible property (other than the Work
itself), including the loss of use resulting therefrom, but only to the extent caused by any
negligent act or omission of Owner or Owner's officers, directors, members, partners, agents,
employees, or others retained by or under contract to the Owner with respect to this
Agreement or to the Project.
B. Engineer's Liability Limited to Amount of Insurance Proceeds: Engineer shall procure and
maintain insurance as required by and set forth in Exhibit G to this Agreement.
Notwithstanding any other provision of this Agreement, and to the fullest extent permitted
by Laws and Regulations, the total liability, in the aggregate, of Engineer and Engineer's
officers, directors, members, partners, agents, employees, Subconsultants, and Engineer's
Subcontractors to Owner and anyone claiming by, through, or under Owner for any and all
claims, losses, costs, or damages whatsoever (including but not limited to direct, indirect,
special, incidental, punitive, exemplary, or consequential damages) arising out of, resulting
from, or in any way related to the Project or the Agreement from any cause or causes,
including but not limited to the negligence, professional errors or omissions, strict liability,
breach of contract, indemnity obligations, or warranty express or implied, of Engineer or
Engineer's officers, directors, members, partners, agents, employees, Subconsultants, or
Engineer's Subcontractors (hereafter "Owner's Claims"), will be limited to (1) responsibility
for payment of all or the applicable portion of any deductibles, either directly to the
Engineer's insurers or in settlement or satisfaction, in whole or in part, of Owner's Claims,
and (2) total insurance proceeds paid on behalf of or to Engineer by Engineer's insurers in
settlement or satisfaction of Owner's Claims under the terms and conditions of Engineer's
applicable insurance policies up to the amount of insurance required under this Agreement.
1. Such limitation will not be reduced, increased, or adjusted on account of legal fees paid,
or costs and expenses of investigation, claims adjustment, defense, or appeal.
2. If no such insurance coverage is provided with respect to Owner's Claims, then the total
liability, in the aggregate, of Engineer and Engineer's officers, directors, members,
partners, agents, employees, Subconsultants, and Engineer's Subcontractors, to Owner
and anyone claiming by, through, or under Owner, for any and all such uninsured
Owner's Claims will not exceed $[Enter Amount].
Exhibit I —Limitation of Liability.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 4
1.02 Construction Contract Requirements
A. The following Contractor Indemnification Requirements are included in the 2018 EJCDC C-
700 General Conditions. The Owner shall incorporate these into the Construction Contract
General Conditions in the event that standard form of Agreement is not used.
5.06 Hazardous Environmental Conditions at Site
I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify
and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors,
members, partners, employees, agents, consultants, and subcontractors of each and any
of them, from and against all claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and other professionals, and all
court, arbitration, or other dispute resolution costs) arising out of or relating to a
Hazardous Environmental Condition, provided that such Hazardous Environmental
Condition (1) was not shown or indicated in the Drawings, Specifications, or other
Contract Documents, identified as Technical Data entitled to limited reliance pursuant to
Paragraph 5.06.B, or identified in the Contract Documents to be included within the scope
of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is
responsible. Nothing in this Paragraph 5.06.1 obligates Owner to indemnify any individual
or entity from and against the consequences of that individual's or entity's own
negligence.
J. To the fullest extent permitted by Laws and Regulations, Contractor shall
indemnify and hold harmless Owner and Engineer, and the officers, directors, members,
partners, employees, agents, consultants, and subcontractors of each and any of them,
from and against all claims, costs, losses, and damages (including but not limited to all
fees and charges of engineers, architects, attorneys, and other professionals and all court
or arbitration or other dispute resolution costs) arising out of or relating to the failure to
control, contain, or remove a Constituent of Concern brought to the Site by Contractor or
by anyone for whom Contractor is responsible, or to a Hazardous Environmental
Condition created by Contractor or by anyone for whom Contractor is responsible.
Nothing in this Paragraph 5.06.J obligates Contractor to indemnify any individual or entity
from and against the consequences of that individual's or entity's own negligence.
7.08 Patent Fees and Royalties
B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify
and hold harmless Contractor, and its officers, directors, members, partners, employees,
agents, consultants, and subcontractors, from and against all claims, costs, losses, and
damages (including but not limited to all fees and charges of engineers, architects,
attorneys, and other professionals, and all court or arbitration or other dispute resolution
costs) arising out of or relating to any infringement of patent rights or copyrights incident
to the use in the performance of the Work or resulting from the incorporation in the Work
of any invention, design, process, product, or device specified in the Contract Documents,
but not identified as being subject to payment of any license fee or royalty to others
required by patent rights or copyrights.
C. To the fullest extent permitted by Laws and Regulations, Contractor shall
indemnify and hold harmless Owner and Engineer, and the officers, directors, members,
partners, employees, agents, consultants and subcontractors of each and any of them,
Exhibit I —Limitation of Liability.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 2 of 4
from and against all claims, costs, losses, and damages (including but not limited to all
fees and charges of engineers, architects, attorneys, and other professionals and all court
or arbitration or other dispute resolution costs) arising out of or relating to any
infringement of patent rights or copyrights incident to the use in the performance of the
Work or resulting from the incorporation in the Work of any invention, design, process,
product, or device not specified in the Contract Documents.
7.11 Laws and Regulations
A. Contractor shall give all notices required by and shall comply with all Laws and
Regulations applicable to the performance of the Work. Neither Owner nor Engineer shall
be responsible for monitoring Contractor's compliance with any Laws or Regulations.
B. If Contractor performs any Work or takes any other action knowing or having
reason to know that it is contrary to Laws or Regulations, Contractor shall bear all
resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer,
and the officers, directors, members, partners, employees, agents, consultants, and
subcontractors of each and any of them, from and against all claims, costs, losses, and
damages (including but not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or arbitration or other dispute resolution
costs) arising out of or relating to such Work or other action. It is not Contractor's
responsibility to make certain that the Work described in the Contract Documents is in
accordance with Laws and Regulations, but this does not relieve Contractor of its
obligations under Paragraph 3.03.
7.18 Indemnification
A. To the fullest extent permitted by Laws and Regulations, and in addition to any
other obligations of Contractor under the Contract or otherwise, Contractor shall
indemnify and hold harmless Owner and Engineer, and the officers, directors, members,
partners, employees, agents, consultants and subcontractors of each and any of them,
from losses, damages, costs, and judgments (including but not limited to all fees and
charges of engineers, architects, attorneys, and other professionals, and all court or
arbitration or other dispute resolution costs) arising from third -party claims or actions
relating to or resulting from the performance or furnishing of the Work, provided that any
such claim, action, loss, cost, judgment or damage is attributable to bodily injury, sickness,
disease, or death, or to damage 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 Contractor, any Subcontractor, any Supplier, or any
individual or entity directly or indirectly employed by any of them to perform any of the
Work, or anyone for whose acts any of them may be liable.
B. In any and all claims against Owner or Engineer, or any of their officers, directors,
members, partners, employees, agents, consultants, or subcontractors, by any employee
(or the survivor or personal representative of such employee) of Contractor, any
Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by
any of them to perform any of the Work, or anyone for whose acts any of them may be
liable, the indemnification obligation under Paragraph 7.18.A will not be limited in any
way by any limitation on the amount or type of damages, compensation, or benefits
payable by or for Contractor or any such Subcontractor, Supplier, or other individual or
Exhibit I —Limitation of Liability.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 3 of 4
entity under workers' compensation acts, disability benefit acts, or other employee
benefit acts.
8.03 Legal Relationships
C. If Contractor damages, delays, disrupts, or interferes with the work of any other
contractor, or any utility owner performing other work at or adjacent to the Site, through
Contractor's failure to take reasonable and customary measures to avoid such impacts,
or if any claim arising out of Contractor's actions, inactions, or negligence in performance
of the Work at or adjacent to the Site is made by any such other contractor or utility owner
against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to
settle the claim as to all parties through negotiations with such other contractor or utility
owner, or otherwise resolve the claim by arbitration or other dispute resolution
proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the
officers, directors, members, partners, employees, agents, consultants and
subcontractors of each and any of them from and against any such claims, and against all
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such damage, delay, disruption, or
interference.
Exhibit I —Limitation of Liability.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 4 of 4
EXHIBIT J—PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES
COMPENSATION PACKET BC-1: BASIC SERVICES —LUMP SUM
ARTICLE 1—COMPENSATION PACKET BC-1: BASIC SERVICES —LUMP SUM
Article 2 of the Agreement is supplemented to include the following Exhibit J Paragraph 1.01:
1.01 Compensation for Basic Services (other than Resident Project Representative) —Lump Sum
Method of Payment
A. Owner shall pay Engineer for Basic Services set forth in Exhibit A (except for Resident Project
Representative services, if any) as follows:
1. A Lump Sum amount of $95,000 based on the following estimated distribution of
compensation:
a. Study and Report Phase N/A
b. Preliminary Design Phase $27,500.00
c. Final Design Phase $31,000.00
d. Bidding and Negotiating Phase $6,500.00
e. Construction Phase $30,000.00
2. Engineer may alter the distribution of compensation between individual phases noted
herein to be consistent with services actually rendered, but compensation will not
exceed the total Lump Sum amount unless approved in writing by the Owner.
3. The Lump Sum includes compensation for Engineer's services and services of Engineer's
Subcontractors and Subconsultants, if any. Appropriate amounts have been
incorporated in the Lump Sum to account for labor costs, overhead, profit, and expenses
(other than any expressly allowed Reimbursable Expenses).
4. In addition to the Lump Sum, Engineer is also entitled to reimbursement from Owner
for the following Reimbursable Expenses (see Appendix 1 for rates or charges):
anticipated Reimbursable Expenses are approximately $1,000.00
5. The portion of the Lump Sum amount billed for Engineer's services will be based upon
Engineer's estimate of the percentage of the total services actually completed during
the billing period. If any Reimbursable Expenses are expressly allowed, Engineer may
also bill for any such Reimbursable Expenses incurred during the billing period.
B. Period of Service: The compensation amount stipulated in Compensation Packet BC-1 is
conditioned on a period of service not exceeding 18 months. If such period of service is
extended, the compensation amount for Engineer's services will be appropriately adjusted.
Exhibit 1—Payments to Engineer for Services and Reimbursable Expenses.
Compensation Packet BC-1: Basic Services —Lump Sum.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 1
EXHIBIT J—PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES
COMPENSATION PACKET RPR-2: RESIDENT PROJECT REPRESENTATIVE —STANDARD HOURLY RATES
ARTICLE 2—COMPENSATION PACKET RPR-2: RESIDENT PROJECT REPRESENTATIVE —STANDARD
HOURLY RATES
Article 2 of the Agreement is supplemented to include the following Exhibit J Paragraph 2.01:
2.01 Compensation for Resident Project Representative Services —Standard Hourly Rates Method of
Payment
A. Owner shall pay Engineer for Resident Project Representative Services as follows:
1. Resident Project Representative Services: For services of Engineer's Resident Project
Representative (RPR), if any, under Exhibits A and D, an amount equal to the cumulative
hours charged by each class of Engineer's personnel providing RPR services times
Standard Hourly Rates for each applicable billing class, plus RPR-related Reimbursable
Expenses and RPR-related Engineer's Subcontractors' and Subconsultants' charges, if
any. Standard Hourly Rates are set forth in Appendix 2, Standard Hourly Rates Schedule.
2. The total compensation under this paragraph is estimated to be $97,000 based upon
full-time RPR services on an eight -hour workday, Monday through Friday, over a 20-
week construction schedule.
B. Compensation for Reimbursable Expenses
1. For those Reimbursable Expenses that are directly related to the provision of RPR
services and are not already accounted for in the compensation for Basic Services,
Owner shall reimburse Engineer, using the rates set forth in Appendix 1, Reimbursable
Expense Schedule, to this Exhibit J when applicable.
2. Such Reimbursable Expenses include, to the extent RPR-related, 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; subsistence and transportation of Resident Project
Representative; 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 items. In addition, if
authorized in advance by Owner, Reimbursable Expenses will also include expenses
incurred for the use of highly specialized equipment.
3. The amounts payable to Engineer for Reimbursable Expenses, if any, will be those
internal expenses related to RPR services that are actually incurred or allocated by
Engineer, plus all invoiced external Reimbursable Expenses allocable to such services,
the latter multiplied by a factor of 1.10.
C. Other Provisions Concerning Payment
1. Whenever Engineer is entitled to compensation for the RPR-related charges of
Engineer's Subcontractors and Subconsultants, that compensation will be the amounts
Exhibit 1—Payments to Engineer for Services and Reimbursable Expenses.
Compensation Packet RPR-2: Resident Project Representative —Standard Hourly Rates.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 2
billed by Engineer's Subcontractors and Subconsultants to Engineer times a factor of
1.10.
2. Factors: The external Reimbursable Expenses and Engineer's Subcontractors' and
Subconsultants' factors include Engineer's overhead and profit associated with
Engineer's responsibility for the administration of such services and costs.
3. Estimated Compensation Amounts
a. Engineer's estimate of the amounts that will become payable for specified services
are only estimates for planning purposes, are not binding on the parties, and are
not the minimum or maximum amounts payable to Engineer under the Agreement.
b. When estimated compensation amounts have been stated herein and it
subsequently becomes apparent to Engineer that the total compensation amount
thus estimated will be exceeded, Engineer shall give Owner written notice thereof,
allowing Owner to consider its options, including suspension or termination of
Engineer's services for Owner's convenience. Upon notice Owner and Engineer will
promptly 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 for such
services will not exceed said estimated amount when such services are completed.
If Owner decides not to suspend Engineer's services during negotiations and
Engineer exceeds the estimated amount before Owner and Engineer have agreed
to an increase in the compensation due Engineer or a reduction in the remaining
services, then Engineer shall be paid for all services rendered hereunder.
4. The Standard Hourly Rates and the Reimbursable Expenses Schedule will be adjusted
annually (as of January 1) to reflect equitable changes in the compensation payable to
Engineer for RPR-related services and expenses.
5. 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 1—Payments to Engineer for Services and Reimbursable Expenses.
Compensation Packet RPR-2: Resident Project Representative —Standard Hourly Rates.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 2 of 2
EXHIBIT J—PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES
COMPENSATION PACKET AS-1: ADDITIONAL SERVICES —STANDARD HOURLY RATES
ARTICLE 3—COMPENSATION PACKET AS-1: ADDITIONAL SERVICES —STANDARD HOURLY RATES
Article 2 of the Agreement is supplemented to include the following Exhibit J Paragraph 3.01:
3.01 Compensation for Additional Services —Standard Hourly Rates Method of Payment
A. Owner shall pay Engineer for Additional Services, if any, as follows:
1. For services of Engineer's personnel engaged directly on the Project pursuant to
Exhibit A Paragraph 2.01 or 2.02, except for services as a consultant or witness under
Exhibit A Paragraph 2.02.A.28 (which if needed will be separately negotiated based on
the nature of the required consultation or testimony), an amount equal to the
cumulative hours charged by each class of Engineer's personnel providing such
Additional Services times Standard Hourly Rates for each applicable billing class, plus
Additional Services -related Reimbursable Expenses and Additional Services -related
Engineer's Subcontractors' and Subconsultants' charges, if any.
B. Compensation for Reimbursable Expenses
1. For those Reimbursable Expenses that are directly related to the provision of Additional
Services, and are not already accounted for in the compensation for Basic Services or
RPR-related services, Owner shall reimburse Engineer, using the rates set forth in
Appendix 1 to this Exhibit J when applicable.
2. Such Reimbursable Expenses include, to the extent Additional Services -related, the
expenses identified in Appendix 1 and the following categories: 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 items. In addition, if authorized in advance by Owner,
Reimbursable Expenses will also include expenses incurred for the use of highly
specialized equipment.
3. The amounts payable to Engineer for Reimbursable Expenses, if any, will be the
Additional Services -related internal expenses actually incurred or allocated by Engineer,
plus all invoiced external Reimbursable Expenses allocable to such Additional Services,
the latter multiplied by a factor of 1.10.
C. Other Provisions Concerning Payment for Additional Services
1. Whenever Engineer is entitled to compensation for the charges of Engineer's
Subcontractors and Subconsultants, such compensation will be the amounts billed by
Engineer's Subcontractors and Subconsultants to Engineer times a factor of 1.10.
2. Factors: The external Reimbursable Expenses and Engineer's Subcontractors' and
Subconsultants' factors include Engineer's overhead and profit associated with
Engineer's responsibility for the administration of such services and costs.
Exhibit 1—Payments to Engineer for Services and Reimbursable Expenses.
Compensation Packet AS-1: Additional Services —Standard Hourly Rates.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 2
3. The Standard Hourly Rates and the Reimbursable Expenses Schedule will be adjusted
annually (as of January 1) to reflect equitable changes in the compensation payable to
Engineer for Additional Services -related services and expenses.
4. 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 1—Payments to Engineer for Services and Reimbursable Expenses.
Compensation Packet AS-1: Additional Services —Standard Hourly Rates.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 2 of 2
EXHIBIT J—PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES
APPENDIX 1: REIMBURSABLE EXPENSES SCHEDULE
Reimbursable Expenses are subject to review and adjustment per Exhibit J. Rates and charges for
Reimbursable Expenses as of the date of the Agreement are:
Specs/Reports (up to 25 Pages)
$5.00 each
Specs/Reports (Over 25 Pages)
$10.00 each
Copies (Black/White)
$0.05 per page
Copies (Color)
$0.10 per page
Plots (Up to 15 sheets)
$10.00 each
Plots (Over 15 sheets)
$20.00 each
Flash Drive
$10.00 each
Binder
$5.00 each
Comb Binding
$1.00 each
Cover Stock
$0.20 per page
GPS Equipment
$15.00 per hour
Robotic Survey Equipment
$15.00 per hour
Mailing/UPS
At Cost
Mileage - Reimbursement
IRS Rate ($0.67 per mile)
Mileage - Survey Vehicle
$0.70 per mile
Travel Expenses, Lodging & Meals
At Cost
Traffic Counting Equipment
At Cost
Trimble Scanner
$30.00 per hour
Boat
$125.00 per day
Gator
$95.00 per day
Architectural Scanner
$50.00 per hour
Exhibit 1—Payments to Engineer for Services and Reimbursable Expenses.
Appendix 1: Reimbursable Expenses Schedule.
Exhibits to EJCDC° E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 1
EXHIBIT J-PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES
APPENDIX 2: STANDARD HOURLY RATES SCHEDULE
A. Standard Hourly Rates
1. Standard Hourly Rates are set forth in this Appendix 2 to this Exhibit J 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 Exhibit J.
B. Schedule:
1. Hourly rates for services performed on or after the date of the Agreement are
FS Tech
$89.00 - $133.00 per hour
Construction Specialist
$180.00 - $210.00 per hour
Survey Tech
$91.00 - $129.00 per hour
Survey Specialist
$160.00 - $185.00 per hour
Professional Land Surveyor
$172.00 - $234.00 per hour
Design Tech
$99.00 - $149.00 per hour
Technical Specialist
$145.00 - $170.00 per hour
Engineering Designer
$138.00 - $227.00 per hour
Professional Engineer
$184.00 - $282.00 per hour
Designer
$127.00 - $145.00 per hour
Licensed Architect
$163.00 - $264.00 per hour
Administrative Assistant
$86.00 - $96.00 per hour
Project Support Specialist
$103.00 - $130.00 per hour
BIM Specialist
$155.00 - $180.00 per hour
Exhibit 1-Payments to Engineer for Services and Reimbursable Expenses.
Appendix 2: Standard Hourly Rates Schedule.
Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services.
Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 1
EXHIBIT K—GENERAL TERMS AND CONDITIONS - CITY OF DUBUQUE/ORIGIN DESIGN
The standard of care for all professional services performed or furnished by Consultant under this Agreement will
be the skill and care used by members of Consultant's profession practicing under similar circumstances at the
same time and in the same locality. Consultant makes no warranties, express or implied, under this Agreement or
otherwise, in connection with Consultant's service.
The Client shall provide all criteria and full information with regard to Client's requirements for the Project, and shall
designate a person to act with authority on Client's behalf with respect to all aspects of the Project. This shall
include, but not be limited to, review and approval of design issues in the schematic design phase, design
development phase, and contract documents phase. These approvals shall include an authorization to proceed
to the next phase.
Services beyond those outlined in the proposal may be required or be required as a result of unforeseen
circumstances. The Consultant under terms mutually agreed in writing prior to the performance of any such
services by the Client and the Consultant may provide these services.
For the scope of services agreed upon, the Client agrees to pay the Consultant the compensation as stated.
Invoices for the Consultant's services shall be submitted, at the Consultant's option, either upon completion of any
phase of service or on a monthly basis. Invoices shall be payable when rendered and shall be considered past due
if not paid within 30 days after the invoice date. A service charge will be charged at the rate of 1.5% (18% true
annual rate) per month or the maximum allowed by law on the then outstanding balance of Past Due accounts. In
the event any portion of an account remains unpaid 90 days after billing, the Client shall pay all costs of collection,
including reasonable attorney's fees.
The Consultant shall secure and maintain insurance as described in Insurance Schedule G.
Neither the Client nor the Consultant shall be liable to the other for any consequential damages incurred due to
the fault of the other or their agents. Consequential damages include, but are not limited to, loss of use, loss of
profit and loss of markets.
To the fullest extent permitted by Laws and Regulations, the Client and the Consultant each agree to indemnify
and hold the other harmless, and their respective officers, employees, agents, and representatives, from and
against claims, damages, losses and expenses (including reasonable consultants' and attorney's fees) but only to
the extent such claims, losses, damages, or expenses are caused by the indemnifying party's or its officer's,
employee's, agent's and representative's negligent acts, errors, or omissions. In the event claims, losses, damages
or expenses are caused by the joint or concurrent negligence of Client and Consultant, they shall be borne by each
party in proportion to its negligence.
Neither party shall be deemed in default of this Agreement to the extent that any delay or failure in the
performance of its obligations results from any cause beyond its reasonable control and without its negligence.
The Client and Consultant agree to negotiate all disputes between them in good faith for a period of 30 days from
the date of notice, prior to invoking mediation. If the parties reach a mutually acceptable resolution, then they
shall prepare appropriate documentation memorializing the resolution. If the parties cannot reach a mutually
acceptable resolution they shall proceed to mediation in accordance with this agreement.
The Client and Consultant agree that they shall submit any and all unsettled claims, counterclaims, disputes, and
other matters in question between them arising out of or relating to this Agreement to nonbinding mediation in
accordance with the Construction Industry Mediation Rules of the American Arbitration Association effective as of
the date of this agreement.
The City acknowledges the Consultant's plans and specifications, including all documents on electronic media, as
instruments of professional service. Nevertheless, any plans, specifications or studies prepared under this
Agreement shall become the property of the City upon completion of the services and payment in full of all moneys
due to the Consultant.
Copies of documents that may be relied upon by the Client are limited to the printed copies (also known as hard
copies) that are signed or sealed by the Consultant. Files in electronic media format or text, data, graphic, or of
other types that are furnished by the Consultant to the Client are only for convenience of the Client. Any conclusion
or information obtained or derived from such electronic files will be at the user's sole risk. When transferring
documents in electronic media format, the Consultant makes no representations as to long-term compatibility,
usability, or readability of documents resulting from the use of software application packages, operating systems,
or computer hardware differing from those used by the Consultant at the beginning of this project.
Exhibit K - City of Dubuque Standard Terms and Conditions
This document is not a part of the Exhibits to EJCDC° E 500, Agreement between Owner and Engineer for Professional Services.
Scope and descriptions are created and owned by City of Dubuque. All rights reserved.
Page 1 of 2
The delivery of electronic information to Contractors is for the benefit of the Client for whom the design services
have been performed. Nothing in the transfer should be construed to provide any right of the Contractor to rely
on the information provided or that the use of the electronic information implies the review and approval by the
Design Professional of the information. Electronic information is drawings, data, modeled data, or computational
models. It is our professional opinion that this electronic information provides design information current as of the
date of its release. Any use of this information is at the sole risk and liability of the user who is also responsible for
updating the information to reflect any changes in the design following the preparation date of this information.
The transfer of electronic information is subject to the approval of the Design Professional. Depending upon the
type of information requested, and the format, a fee may be required for acquisition of the data, payable to the
Design Professional. Contractors are required to submit a request in writing to the Design Professional indicating
the type and format of the information requested. The Design Professional will make a reasonable effort to
determine whether or not the information can be provided as requested, and the fee for providing the information.
If this Agreement provides for any construction phase services by the Consultant, it is understood that the
Contractor, not the Consultant, its agents, employees, or sub -consultants, is responsible for the construction of
the project, and that the Consultant is not responsible for the acts or omissions of any contractor, subcontractor,
or material supplier; for safety precautions, programs, or enforcement; or for construction means, methods,
techniques, sequences, and procedures employed by the Contractor.
When included in the Consultant's scope of services, opinions of probable construction cost are prepared on the
basis of the Consultant's experience and qualifications and represent the Consultant's judgment as a professional
generally familiar with the industry. However, since the Consultant has no control over the cost of labor, materials,
equipment, or services furnished by others; over contractor's methods of determining prices, or over competitive
bidding or market conditions, the Consultant cannot and does not guarantee that proposals, bids, or actual
construction cost will not vary from the Consultant's opinions of probable construction cost.
The Client and the Consultant each bind themselves, their partners, successors, executors, administrators, assigns,
and legal representative to the other party of this Agreement and to the partners, successors, executors,
administrators, assigns, and legal representative of such other party in respect to all covenants, agreements, and
obligations of this Agreement.
Neither the Client nor the Consultant shall assign, sublet or transfer any rights under or interest in (including but
without limitations, monies that may be due or monies that are due) this Agreement, without the written consent
of the other, except as stated in the paragraph above, and except to the extent that the effect of this limitation
may
be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assigner from any duty or responsibility under this Agreement. Nothing
contained in this paragraph shall prevent the Consultant from employing such independent consultants,
associates, and sub -contractors, as he or she may deem appropriate to assist in the performance of services
hereunder.
It is acknowledged by both parties that the Consultant's scope of services does not include any services related
to the presence at the site of asbestos, PCB's, petroleum, hazardous waste, or radioactive materials. The Client
acknowledges that the Consultant is performing professional services for the Client and the Consultant is not and
shall not be required to become an "arranger", "operator", "generator", or "transporter" of hazardous substances,
as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA).
The Client may terminate this Agreement with seven days (7) prior written notice to the Consultant with or without
cause for any reason or no reason. The Consultant may terminate this Agreement for cause with seven (7) days
prior written notice to the Client. The Client is obligated to pay for all services rendered up to the date the
Consultant receives the written notice of intent to terminate. Failure of the Client to make payments when due
shall be cause for suspension of services or ultimately termination, unless and until the Consultant has been paid
in all full amounts due for services, expenses, and other related charges.
This Agreement supersedes all terms and conditions contained on a purchase order typically procuring products.
It is understood by both parties upon execution of this agreement that if a purchase order is issued, it is for
accounting purposes only. Purchase order terms and conditions are void and not a part of our agreement.
Exhibit K - City of Dubuque Standard Terms and Conditions
This document is not a part of the Exhibits to EJCDC° E 500, Agreement between Owner and Engineer for Professional Services.
Scope and descriptions are created and owned by City of Dubuque. All rights reserved.
Page 2 of 2