Loading...
Consultant - 2019 - Engineering Services / Eagle Bypass Access / Palmetto Drive - 12/11/2019 SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER 3\\'\\ # FOR CSC PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of December 11, 2019 ("Effective Date")between Cid of Ea a ("Owner") and RiveRidde EnnineerinI Com2ann ("Engineer") Engineer agrees to provide the services described below to Owner for Eagle Bass access/Palmetto Drive ("Project"). Description of Engineer's Services: PROJECT DESCRIPTION: The Project includes the construction of a right-in, right-out access to the Eagle Bypass(SH44)midway between Eagle Road and Edgewood Lane, including acceleration and deceleration lanes, and a public road connection from the bypass to E. Plaza Drive. Construction plans for the work within the bypass right-of-way were approved by lTD on July 18, 2018. The construction plans for the public road connection (N. Palmetto Drive) were approved by ACHD on November 1, 2019. DESCRIPTION OF ENGINEER'S SERVICES: RiveRidge Engineering proposes to prepare a bid package and administer a public bidding process for the Project. Services include preparation of the public bid package and bid advertisement, provide copies of the bid documents for prospective bidders, conduct the onsite prebid meeting, respond to bidder questions by email, conduct the bid opening and prepare a bid summary for Owner. The bid package will be prepared in accordance with documentation provided by the Owner by email on December 6, 2019, including the attached INSTRUCTIONS TO BIDDERS and Bid Advertisement Template. Assumptions: Any construction services are excluded Reimbursable expenses are excluded from the above fees and will be invoiced based on actual costs. The bid package will be completed by January 10,2020 assuming authorization to proceed is issued no later than December 18.2019. Owner and Engineer further agree as follows: 1.01 Basic Agreement A. Engineer shall provide, or cause to be provided, B. Payment of Invoices. Invoices are due and the services set forth in this Agreement, and Owner shall payable within 30 days of receipt. If Owner fails to make pay Engineer for such Services as set forth in any payment due Engineer for services and expenses within Paragraph 9.01. 2.01 Payment Procedures 30 days after receipt of Engineer's invoice, the amounts due Engineer will be increased at the rate of 1.0% per month(or A. Preparation of Invoices. Engineer will prepare a the maximum rate of interest permitted by law, if less)from monthly invoice in accordance with Engineer's standard said thirtieth day. In addition, Engineer may, without invoicing practices and submit the invoice to Owner. liability, after giving seven days written notice to Owner, suspend services under this Agreement until Engineer has Iof4 EJCDC E•520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright 2002 National Society of Professional Engineers for EJCDC. All rights reserved. been paid in full all amounts due for services,expenses, and c. Notwithstanding the foregoing, this other related charges. Payments will be credited first to Agreement will not terminate as a result of a interest and then to principal. substantial failure under paragraph 4.O1.A.l.a if the party receiving such notice begins, within 3.01 Additional Services seven days of receipt of such notice, to correct its failure and proceeds diligently to cure such A. If authorized by Owner, or if required because of failure within no more than 30 days of receipt of changes in the Project. Engineer shall furnish services in notice; provided, however, that if and to the addition to those set forth above. extent such substantial failure cannot be reasonably cured within such 30 day period, and B. Owner shall pay Engineer for such additional if such party has diligently attempted to cure the services as follows: For additional services of Engineer's same and thereafter continues diligently to cure employees engaged directly on the Project an amount equal the same, then the cure period provided for to the cumulative hours charged to the Project by each class herein shall extend up to, but in no case more of Engineer's employees times standard hourly rates for than, 60 days after the date of receipt of the each applicable billing class;plus reimbursable expenses notice. and Engineer's consultants'charges, if any. 2. For convenience, by Owner effective upon the 4.01 Termination receipt of notice by Engineer. A. The obligation to provide further services under this Agreement may be terminated: B. The terminating party under paragraphs 4.01.A.1 or 4.O1.A.2 may set the effective date of termination at a time 1. For cause, up to 30 days later than otherwise provided to allow Engineer to demobilize personnel and equipment from the a. By either party upon 30 days written Project site, to complete tasks whose value would otherwise notice in the event of substantial failure by the be lost, to prepare notes as to the status of completed and other party to perform in accordance with the uncompleted tasks, and to assemble Project materials in Agreement's terms through no fault of the orderly files. terminating party. 5.01 Controlling Law b. By Engineer. A. This Agreement is to be governed by the law of 1) upon seven days written notice if the state in which the Project is located. Engineer believes that Engineer is being requested by Owner to furnish or perform 6.Q1 Successors, Assigns, and Beneficiaries services contrary to Engineer's responsibilities as a licensed professional; or A. Owner and Engineer each is hereby bound and the partners, successors, executors, administrators, and legal 2) upon seven days written notice if representatives of Owner and Engineer(and to the extent the Engineer's services for the Project are permitted by paragraph 6.01.8 the assigns of Owner and delayed or suspended for more than 90 days Engineer)are hereby bound to the other party to this for reasons beyond Engineer's control. Agreement and to the partners, successors, executors, administrators, and legal representatives (and said assigns) 3) Engineer shall have no liability to of such other party, in respect of all covenants, agreements, Owner on account of such termination. and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest(including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other except to the extent that any assignment, subletting, or transfer is mandated or restricted 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. 2 of 4 EJCDC&520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyrlgbt 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 7.01 General Considerations arising out of, resulting from,or in any way related to the Project, and(2)agree that Engineer's total liability to A. The standard of care for all professional Owner under this Agreement shall be limited to$50,000 or engineering and related services performed or famished by the total amount of compensation received by Engineer, Engineer under this Agreement will be the care and skill whichever is greater. ordinarily used by members of the subject profession practicing under similar circumstances at the same time and H. The parties acknowledge that Engineer's scope of in the same locality. Engineer makes no warranties, express services does not include any services related to a or implied, under this Agreement or otherwise, in Hazardous Environmental Condition(the presence of connection with Engineer's services. Engineer and its asbestos, PCBs, petroleum, hazardous substances or waste, consultants may use or rely upon the design services of and radioactive materials). If Engineer or any other party others, including,but not limited to, contractors, encounters a Hazardous Environmental Condition, Engineer manufacturers, and suppliers. may, at its option and without liability for consequential or any other damages, suspend performance of services on the B. Engineer shall not at any time supervise, direct, or portion of the Project affected thereby until Owner. (I) have control over any contractor's work, nor shall Engineer retains appropriate specialist consultants or contractors to have authority over or responsibility for the means, identify and, as appropriate, abate, remediate, or remove methods, techniques, sequences, or procedures of the Hazardous Environmental Condition; and(ii)warrants construction selected or used by any contractor, for safety that the Site is in full compliance with applicable Laws and Regulations. precautions and programs incident to a contractor's work 8.01 Total Agreement progress, nor for any failure of any contractor to comply with laws and regulations applicable to contractor's work. A. This Agreement(consisting of pages 1 to 4 inclusive together with any expressly incorporated C. Engineer neither guarantees the performance of appendix), constitutes the entire agreement between Owner any contractor nor assumes responsibility for any and Engineer and supersedes all prior written or oral contractor's failure to furnish and perform its work in understandings. This Agreement may only be amended, accordance with the contract between Owner and such supplemented, modified, or canceled by a duly executed contractor. written instrument. D. Engineer shall not be responsible for the acts or omissions of any contractor,subcontractor, or supplier, or of any contractor's agents or employees or any other persons(except Engineer's own employees)at the Project site or otherwise furnishing or performing any of construction work; or for any decision made on interpretations or clarifications of the construction contract given by Owner without consultation and advice of Engineer. E. The general conditions for any construction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents Committee(No. C-700,2002 Edition). F. All design documents prepared or furnished by Engineer are instruments of service, and Engineer retains an ownership and property interest(including the copyright and the right of reuse)in such documents, whether or not the Project is completed. G. To the fullest extent permitted by law, Owner and Engineer(1)waive against each other, and the other's employees,officers,directors, agents, insurers,partners, and consultants,any and all claims for or entitlement to special, incidental, indirect, or consequential damages 3of4 F.JCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright°2002 National Society of Professional Engineers for EJCDC. All rights reserved. 9.01 Basis of Payment -Fixed Fee A. Using the procedures set forth in Paragraph 2.01,Owner shall pay Engineer as follows: Fee: $5,120.00 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. OWNER: City of Eagle ENGINEER: RiveRidge Engineering Company //: itv arry S. Se Ele Title: Mayor Title: President Date Signed: Date Signed: it . 11 , 19 Address for giving notices: Address for giving notices: 660 E. Civic Lane 2447 S. Vista Ave. Eagle, ID 8361E Boise, ID 83705 Attest:,&G.,(1.-ejz_____4e._ Eagle City Clerk Date: 7(71 svi D-(9 4 of 4 (Hourly Rates Plus Reimbursable Expenses) EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright r 2002 National Society of Professional Engineers for EJCDC. All rights reserved.