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HomeMy WebLinkAboutRXE Agreement 2015.05.22.pdfMAY 2015 AGREEMENT FOR REXBURG APRON REHABILITATION CONSTRUCTION ADMINISTRATIVE SERVICES PROJECT BETWEEN CITY OF REXBURG, IDAHO AND MADISON COUNTY, IDAHO AND GDA ENGINEERS EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS ___________________ AMERICAN COUNCIL OF ENGINEERING COMPANIES ___________________ AMERICAN SOCIETY OF CIVIL ENGINEERS This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Copyright © 2004 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org This Agreement has been prepared for use with the Standard General Conditions of the Construction Contract (No. C-700, 2002 Edition) of the Engineers Joint Contract Documents Committee. Their provisions are interrelated, and a change in one may necessitate a change in the other. For guidance on the completion and use of this Agreement, see EJCDC User’s Guide to the Owner-Engineer Agreement, No. E- 001, 2002 Edition. EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. TABLE OF CONTENTS Page ARTICLE 1 - SERVICES OF ENGINEER ..................................................................................................... 1 1.01 Scope ............................................................................................................................................. 1 ARTICLE 2 - OWNER’S RESPONSIBILITIES ............................................................................................ 1 2.01 General .......................................................................................................................................... 1 ARTICLE 3 - SCHEDULE FOR RENDERING SERVICES ........................................................................ 1 3.01 Commencement ............................................................................................................................ 1 3.02 Time for Completion .................................................................................................................... 2 ARTICLE 4 - INVOICES AND PAYMENTS ................................................................................................ 2 4.01 Invoices ......................................................................................................................................... 2 4.02 Payments ....................................................................................................................................... 2 ARTICLE 5 - OPINIONS OF COST ............................................................................................................... 3 5.01 Opinions of Probable Construction Cost ..................................................................................... 3 5.02 Designing to Construction Cost Limit ......................................................................................... 3 5.03 Opinions of Total Project Costs ................................................................................................... 3 ARTICLE 6 - GENERAL CONSIDERATIONS ............................................................................................ 3 6.01 Standards of Performance ............................................................................................................ 3 6.02 Design without Construction Phase Services .............................................................................. 4 6.03 Use of Documents ........................................................................................................................ 5 6.04 Insurance ....................................................................................................................................... 6 6.05 Suspension and Termination ........................................................................................................ 6 6.06 Controlling Law ............................................................................................................................ 8 6.07 Successors, Assigns, and Beneficiaries ........................................................................................ 8 6.08 Dispute Resolution ....................................................................................................................... 8 6.09 Environmental Condition of Site ................................................................................................. 9 6.10 Indemnification and Mutual Waiver ............................................................................................ 9 6.11 Miscellaneous Provisions ........................................................................................................... 10 ARTICLE 7 - DEFINITIONS ........................................................................................................................ 11 7.01 Defined Terms ............................................................................................................................ 11 ARTICLE 8 - EXHIBITS AND SPECIAL PROVISIONS........................................................................... 12 8.01 Exhibits Included ........................................................................................................................ 12 8.02 Total Agreement ......................................................................................................................... 13 8.03 Designated Representatives ........................................................................................................ 13 Page 1 of 14 EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES Owner and Engineer 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. ARTICLE 2 – OWNER’S RESPONSIBILITIES 2.01 General A. Owner shall have the responsibilities set forth herein and in Exhibit B. B. Owner shall pay Engineer as set forth in Exhibit C. C. Owner shall be responsible for, and Engineer may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by Owner to Engineer pursuant to this Agreement. Engineer may use such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement. ARTICLE 3 – SCHEDULE FOR RENDERING SERVICES 3.01 Commencement A. Engineer shall begin rendering services as of the Effective Date of the Agreement. THIS IS AN AGREEMENT effective as of , (“Effective Date”) between City of Rexburg and Madison County (“Owner”) and Graham, Dietz & Associates, DBA GDA Engineers (“Engineer”). Owner intends to Construction Administrative Services for the rehabilitation of the primary apron. (“Project”). Page 2 of 14 EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 3.02 Time for Completion A. Engineer shall complete its obligations within a reasonable time. Specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided in Exhibit A, and are hereby agreed to be reasonable. B. If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer’s services is impaired, or Engineer’s services are delayed or suspended, then the time for completion of Engineer’s services, and the rates and amounts of Engineer’s compensation, shall be adjusted equitably. C. If Owner authorizes changes in the scope, extent, or character of the Project, then the time for completion of Engineer’s services, and the rates and amounts of Engineer’s compensation, shall be adjusted equitably. D. Owner shall make decisions and carry out its other responsibilities in a timely manner so as not to delay the Engineer’s performance of its services. E. If Engineer fails, through its own fault, to complete the performance required in this Agreement within the time set forth, as duly adjusted, then Owner shall be entitled to the recovery of direct damages resulting from such failure. ARTICLE 4 – INVOICES AND PAYMENTS 4.01 Invoices A. Preparation and Submittal of Invoices. Engineer shall prepare invoices in accordance with its standard invoicing practices and the terms of Exhibit C. Engineer shall submit its invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. 4.02 Payments A. Application to Interest and Principal. Payment will be credited first to any interest owed to Engineer and then to principal. B. Failure to Pay. If Owner fails to make any payment due Engineer for services and expenses within 30 days after receipt of Engineer’s invoice, then: 1. amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day; and 2. Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until Owner has paid in full all amounts due for services, expenses, and other related charges. Owner waives any and all claims against Engineer for any such suspension. C. Disputed Invoices. If Owner contests an invoice, Owner may withhold only that portion so contested, and must pay the undisputed portion. D. Legislative Actions. If after the Effective Date of the Agreement any governmental entity takes a legislative action that imposes taxes, fees, or charges on Engineer’s services or Page 3 of 14 EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. compensation under this Agreement, then the Engineer may invoice such new taxes, fees, or charges as a Reimbursable Expense to which a factor of 1.0 shall be applied. Owner shall pay such invoiced new taxes, fees, and charges; such payment shall be in addition to the compensation to which Engineer is entitled under the terms of Exhibit C. ARTICLE 5 – OPINIONS OF COST 5.01 Opinions of Probable Construction Cost A. Engineer’s opinions of probable Construction Cost are to be made on the basis of Engineer’s experience and qualifications and represent Engineer’s best judgment as an experienced and qualified professional generally familiar with the construction industry. However, since Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors’ methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by Engineer. If Owner wishes greater assurance as to probable Construction Cost, Owner shall employ an independent cost estimator as provided in Exhibit B. 5.02 Designing to Construction Cost Limit A. If a Construction Cost limit is established between Owner and Engineer, such Construction Cost limit and a statement of Engineer’s rights and responsibilities with respect thereto will be specifically set forth in Exhibit F, “Construction Cost Limit,” to this Agreement. 5.03 Opinions of Total Project Costs A. The services, if any, of Engineer with respect to Total Project Costs shall be limited to assisting the Owner in collating the various cost categories which 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. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer’s services. B. Owner shall not be responsible for discovering deficiencies in the technical accuracy of Engineer’s services. Engineer shall correct any such deficiencies in technical accuracy without additional compensation except to the extent such corrective action is directly attributable to deficiencies in Owner-furnished information. C. Engineer may employ such Consultants as Engineer deems necessary to assist in the performance or furnishing of the services, subject to reasonable, timely, and substantive objections by Owner. Page 4 of 14 EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. D. Subject to the standard of care set forth in Paragraph 6.01.A, Engineer and its Consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. E. Engineer and Owner shall comply with applicable Laws and Regulations and Owner- mandated standards that Owner has provided to Engineer in writing. This Agreement is based on these requirements as of its Effective Date. Changes to these requirements after the Effective Date of this Agreement may be the basis for modifications to Owner’s responsibilities or to Engineer’s scope of services, times of performance, and compensation. F. Engineer shall not be required to sign any documents, no matter by whom requested, that would result in the Engineer having to certify, guarantee, or warrant the existence of conditions whose existence the Engineer cannot ascertain. Owner agrees not to make resolution of any dispute with the Engineer or payment of any amount due to the Engineer in any way contingent upon the Engineer signing any such documents. G. The General Conditions for any construction contract documents prepared hereunder are to be the “Standard General Conditions of the Construction Contract” as prepared by the Engineers Joint Contract Documents Committee (No. C-700, 2002 Edition) unless both parties mutually agree to use other General Conditions by specific reference in Exhibit J. See Exhibit J H. Engineer shall not at any time supervise, direct, or have control over Contractor’s work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to the Contractor’s work in progress, nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. I. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor’s failure to furnish and perform the Work in accordance with the Contract Documents. J. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any of their agents or employees or of any other persons (except Engineer’s own employees and its Consultants) at the Site or otherwise furnishing or performing any Work; or for any decision made on interpretations or clarifications of the Contract Documents given by Owner without consultation and advice of Engineer. 6.02 Design Without Construction Phase Services A. If Engineer’s Basic Services under this Agreement do not include Project observation, or review of the Contractor’s performance, or any other Construction Phase services, then (1) Engineer’s services under this Agreement shall be deemed complete no later than the end of the Bidding or Negotiating Phase; (2) Engineer shall have no design or shop drawing review obligations during construction; (3) Owner assumes all responsibility for the application and interpretation of the Contract Documents, contract administration, construction observation and review, and all other necessary Construction Phase engineering Page 5 of 14 EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. and professional services; and (4) Owner waives any claims against the Engineer that may be connected in any way thereto. 6.03 Use of Documents A. All Documents are instruments of service in respect to this Project, and Engineer shall retain an ownership and property interest therein (including the copyright and the right of reuse at the discretion of the Engineer) whether or not the Project is completed. Owner shall not rely in any way on any Document unless it is in printed form, signed or sealed by the Engineer or one of its Consultants. B. A party may rely that data or information set forth on paper (also known as hard copies) that the party receives from the other party by mail, hand delivery, or facsimile, are the items that the other party intended to send. Files in electronic media format of text, data, graphics, or other types that are furnished by one party to the other are furnished only for convenience, not reliance by the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. C. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data’s creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any transmittal errors detected within the 60-day acceptance period will be corrected by the party delivering the electronic files. D. When transferring documents in electronic media format, the transferring party makes no representations as to long-term compatibility, usability, or readability of such documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the documents’ creator. E. Owner may make and retain copies of Documents for information and reference in connection with use on the Project by Owner. Engineer grants Owner a license to use the Documents on the Project, extensions of the Project, and other projects of Owner, subject to the following limitations: (1) Owner acknowledges that such Documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project or on any other project without written verification or adaptation by Engineer; (2) any such use or reuse, or any modification of the Documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner’s sole risk and without liability or legal exposure to Engineer or to Engineer’s Consultants; (3) Owner shall indemnify and hold harmless Engineer and Engineer’s Consultants from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from any use, reuse, or modification without written verification, completion, or adaptation by Engineer; (4) such limited license to Owner shall not create any rights in third parties. F. If Engineer at Owner’s request verifies or adapts the Documents for extensions of the Project or for any other project, then Owner shall compensate Engineer at rates or in an amount to be agreed upon by Owner and Engineer. Page 6 of 14 EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 6.04 Insurance A. Engineer shall procure and maintain insurance as set forth in Exhibit G, “Insurance.” Engineer shall cause Owner to be listed as an additional insured on any applicable general liability insurance policy carried by Engineer. B. Owner shall procure and maintain insurance as set forth in Exhibit G, “Insurance.” Owner shall cause Engineer and Engineer’s Consultants to be listed as additional insureds on any general liability or property insurance policies carried by Owner which are applicable to the Project. C. Owner shall require Contractor to purchase and maintain general liability and other insurance in accordance with the requirements of Paragraph 5.04 of the “Standard General Conditions of the Construction Contract,” (No. C-700, 2002 Edition) as prepared by the Engineers Joint Contract Documents Committee and to cause Engineer and Engineer’s Consultants to be listed as additional insureds with respect to such liability and other insurance purchased and maintained by Contractor for the Project. See Exhibit J D. Owner and Engineer shall each deliver to the other certificates of insurance evidencing the coverages indicated in Exhibit G. Such certificates shall be furnished prior to commencement of Engineer’s services and at renewals thereafter during the life of the Agreement. E. All policies of property insurance relating to the Project shall contain provisions to the effect that Engineer’s and Engineer’s Consultants’ interests are covered and that in the event of payment of any loss or damage the insurers will have no rights of recovery against Engineer or its Consultants, or any insureds or additional insureds thereunder. F. At any time, Owner may request that Engineer or its Consultants, at Owner’s sole expense, provide additional insurance coverage, increased limits, or revised deductibles that are more protective than those specified in Exhibit G. If so requested by Owner, and if commercially available, Engineer shall obtain and shall require its Consultants to obtain such additional insurance coverage, different limits, or revised deductibles for such periods of time as requested by Owner, and Exhibit G will be supplemented to incorporate these requirements. 6.05 Suspension and Termination A. Suspension. By Owner: Owner may suspend the Project upon seven days written notice to Engineer. By Engineer: If Engineer’s services are substantially delayed through no fault of Engineer, Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement. B. Termination. The obligation to provide further services under this Agreement may be terminated: 1. For cause, Page 7 of 14 EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. a. By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. b. By Engineer: 1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer’s responsibilities as a licensed professional; or 2) upon seven days written notice if the Engineer’s services for the Project are delayed or suspended for more than 90 days for reasons beyond Engineer’s control. 3) Engineer shall have no liability to Owner on account of such termination. c. Notwithstanding the foregoing, this Agreement will not terminate under Paragraph 6.05.B.1.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt thereof; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. For convenience, a. By Owner effective upon Engineer’s receipt of notice from Owner. C. Effective Date of Termination. The terminating party under Paragraph 6.05.B may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to demobilize personnel and equipment from the Site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. D. Payments Upon Termination. 1. In the event of any termination under Paragraph 6.05, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished and all Reimbursable Expenses incurred through the effective date of termination. Upon making such payment, Owner shall have the limited right to the use of Documents, at Owner’s sole risk, subject to the provisions of Paragraph 6.03.E. 2. In the event of termination by Owner for convenience or by Engineer for cause, Engineer shall be entitled, in addition to invoicing for those items identified in Paragraph 6.05.D.1, to invoice Owner and to payment of a reasonable amount for services and expenses directly attributable to termination, both before and after the Page 8 of 14 EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. effective date of termination, such as reassignment of personnel, costs of terminating contracts with Engineer’s Consultants, and other related close-out costs, using methods and rates for Additional Services as set forth in Exhibit C. 6.06 Controlling Law A. This Agreement is to be governed by the law of the state in which the Project is located. 6.07 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the partners, successors, executors, administrators and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 6.07.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither 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. C. Unless expressly provided otherwise in this Agreement: 1. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Contractor, Contractor’s subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 3. Owner agrees that the substance of the provisions of this Paragraph 6.07.C shall appear in the Contract Documents. 6.08 Dispute Resolution A. Owner and Engineer agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice prior to invoking the procedures of Exhibit H or other provisions of this Agreement, or exercising their rights under law. B. If the parties fail to resolve a dispute through negotiation under Paragraph 6.08.A, then either or both may invoke the procedures of Exhibit H. If Exhibit H is not included, or if no dispute resolution method is specified in Exhibit H, then the parties may exercise their rights under law. Page 9 of 14 EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 6.09 Environmental Condition of Site A. Owner has disclosed to Engineer in writing the existence of all known and suspected Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, hazardous substances, and other Constituents of Concern located at or near the Site, including type, quantity, and location. B. Owner represents to Engineer that to the best of its knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at the Site. C. If Engineer encounters an undisclosed Constituent of Concern, then Engineer shall notify (1) Owner and (2) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. D. It is acknowledged by both parties that Engineer’s scope of services does not include any services related to Constituents of Concern. If Engineer or any other party encounters an undisclosed Constituent of Concern, or if investigative or remedial action, or other professional services, are necessary with respect to disclosed or undisclosed Constituents of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until Owner: (1) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Constituents of Concern; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. E. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineer’s services under this Agreement, then the Engineer shall have the option of (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause on 30 days notice. F. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall not be required to become an “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer’s activities under this Agreement. 6.10 Indemnification and Mutual Waiver A. Indemnification by Engineer. To the fullest extent permitted by law, Engineer shall indemnify and hold harmless Owner, and Owner’s officers, directors, partners, agents, consultants, and employees from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Engineer or Engineer’s officers, directors, partners, employees, or Consultants. The indemnification provision of the preceding sentence is subject to and limited by the provisions agreed to by Owner and Engineer in Exhibit I, “Allocation of Risks,” if any. Page 10 of 14 EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. B. Indemnification by Owner. To the fullest extent permitted by law, Owner shall indemnify and hold harmless Engineer, Engineer’s officers, directors, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Owner or Owner’s officers, directors, partners, agents, consultants, or employees, or others retained by or under contract to the Owner with respect to this Agreement or to the Project. C. Environmental Indemnification. In addition to the indemnity provided under Paragraph 6.10.B of this Agreement, and to the fullest extent permitted by law, Owner shall indemnify and hold harmless Engineer and its officers, directors, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, and all court, arbitration, or other dispute resolution costs) caused by, arising out of, relating to, or resulting from a Constituent of Concern at, on, or under the Site, provided that (i) any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) nothing in this paragraph shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willful misconduct. D. Percentage Share of Negligence. To the fullest extent permitted by law, a party’s total liability to the other party and anyone claiming by, through, or under the other party for any cost, loss, or damages caused in part by the negligence of the party and in part by the negligence of the other party or any other negligent entity or individual, shall not exceed the percentage share that the party’s negligence bears to the total negligence of Owner, Engineer, and all other negligent entities and individuals. E. Mutual Waiver. To the fullest extent permitted by law, Owner and Engineer waive against each other, and the other’s employees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project. 6.11 Miscellaneous Provisions A. Notices. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. B. Survival. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. C. Severability. Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Engineer, who agree that the Agreement Page 11 of 14 EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. D. Waiver. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. E. Accrual of Claims. To the fullest extent permitted by law, all causes of action arising under this Agreement shall be deemed to have accrued, and all statutory periods of limitation shall commence, no later than the date of Substantial Completion. ARTICLE 7 – DEFINITIONS 7.01 Defined Terms A. Wherever used in this Agreement (including the Exhibits hereto) terms (including the singular and plural forms) printed with initial capital letters have the meanings indicated in the text above or in the exhibits; in the following provisions; or in the “Standard General Conditions of the Construction Contract,” prepared by the Engineers Joint Contract Documents Committee (No. C-700, 2002 Edition): 1. Additional Services – The services to be performed for or furnished to Owner by Engineer in accordance with Exhibit A, Part 2, of this Agreement. 2. Basic Services – The services to be performed for or furnished to Owner by Engineer in accordance with Exhibit A, Part 1, of this Agreement. 3. Construction Cost – The cost to Owner of those portions of the entire Project designed or specified by Engineer. Construction Cost does not include costs of services of Engineer or other design professionals and consultants, cost of land or rights-of-way, or compensation for damages to properties, or Owner’s costs for legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project, or the cost of other services to be provided by others to Owner pursuant to Exhibit B of this Agreement. Construction Cost is one of the items comprising Total Project Costs. 4. Constituent of Concern – Any substance, product, waste, or other material of any nature whatsoever (including, but not limited to, Asbestos, Petroleum, Radioactive Material, and PCBs) which is or becomes listed, regulated, or addressed pursuant to [a] the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); [b] the Hazardous Materials Transportation Act, 49 U.S.C. §§1801 et seq.; [c] the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); [d] the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; [e] the Clean Water Act, 33 U.S.C. §§1251 et seq.; [f] the Clean Air Act, 42 U.S.C. §§7401 et seq.; and [g] any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. Page 12 of 14 EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 5. Consultants – Individuals or entities having a contract with Engineer to furnish services with respect to this Project as Engineer’s independent professional associates, consultants, subcontractors, or vendors. 6. Documents – Data, reports, Drawings, Specifications, Record Drawings, and other deliverables, whether in printed or electronic media format, provided or furnished in appropriate phases by Engineer to Owner pursuant to this Agreement. 7. Drawings – That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings are not Drawings as so defined. 8. Laws and Regulations; Laws or Regulations – Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 9. Reimbursable Expenses – The expenses incurred directly by Engineer in connection with the performing or furnishing of Basic and Additional Services for the Project. 10. Resident Project Representative – The authorized representative of Engineer, if any, assigned to assist Engineer at the Site during the Construction Phase. The Resident Project Representative will be Engineer’s agent or employee and under Engineer’s supervision. As used herein, the term Resident Project Representative includes any assistants of Resident Project Representative agreed to by Owner. The duties and responsibilities of the Resident Project Representative, if any, are as set forth in Exhibit D. 11. Specifications – That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 12. Total Project Costs – The sum of the Construction Cost, allowances for contingencies, and the total costs of services of Engineer or other design professionals and consultants, together with such other Project-related costs that Owner furnishes for inclusion, including but not limited to cost of land, rights-of- way, compensation for damages to properties, Owner’s costs for legal, accounting, insurance counseling and auditing services, interest and financing charges incurred in connection with the Project, and the cost of other services to be provided by others to Owner pursuant to Exhibit B of this Agreement. ARTICLE 8 – EXHIBITS AND SPECIAL PROVISIONS 8.01 Exhibits Included A. Exhibit A, “Engineer’s Services,” consisting of 13 pages. B. Exhibit B, “Owner’s Responsibilities,” consisting of 3 pages. C. Exhibit C, “Payments to Engineer for Services and Reimbursable Expenses,” consisting of 3 pages. Page 13 of 14 EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 1. Appendix 1 to Exhibit C, Reimbursable Expenses Schedule 2. Appendix 2 to Exhibit C, Standard Hourly Rates Schedule D. Exhibit D, “Duties, Responsibilities and Limitations of Authority of Resident Project Representative,” consisting of 5 pages. E. Exhibit E, “Notice of Acceptability of Work,” – Not Used F. Exhibit F, “Construction Cost Limit,” – Not Used G. Exhibit G, “Insurance,” consisting of 3 pages. H. Exhibit H, “Dispute Resolution,” consisting of 1 pages. I. Exhibit I, “Allocation of Risks,” consisting of 1 pages. J. Exhibit J, “Special Provisions,” consisting of 1 pages. K. Exhibit K, “Amendment to Owner-Engineer Agreement,” – Not Used 8.02 Total Agreement A. This Agreement (consisting of pages 1 to 14 inclusive, together with the exhibits identified above) constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. based on the format of Exhibit K to this Agreement. See Exhibit J 8.03 Designated Representatives A. With the execution of this Agreement, Engineer and Owner shall designate specific individuals to act as Engineer’s and Owner’s representatives with respect to the services to be performed or furnished by Engineer and responsibilities of Owner under this Agreement. Such individuals shall have authority to transmit instructions, receive information, and render decisions relative to the Project on behalf of each respective party. EXHIBIT A SCOPE OF WORK Page 1 of 7 (Exhibit A – ENGINEER’S Services) W:\Transportation Projects\Airports\Rexburg-Madison County\151007 RXE Apron Rehab Construction Admin Services\Agreement\Scope of Work\RXW Apron Rehab CA SOW 2015.04.16.docm PROJECT SCOPE OF WORK FOR REXBURG – MADISON COUNTY AIRPORT APRON REHAB CONSTRUCTION ADMINISTRATION SERVICES A.I.P. Project No. 03-16-0031-14-2015 State Aeronautics Project No. FAA 168-RXE General Project Description GDA Engineers has previously agreed to perform Construction Administration (CA) services for the Runway Shoulder Grading project under a previous agreement. This Scope of Work (SOW, this document) will provide the CA services for the Apron Rehabilitation project and is meant to supplement the Runway Shoulder Grading project SOW. Both projects will be constructed under one contract by one prime contractor. It is assumed that one RPR will be able to oversee and represent the Owner for all the phases of work. Additional work and extra time will be required of the Engineer, especially concerning quality control testing, submittal reviews, and inspection with the addition of the asphalt paving included in the Apron Rehabilitation. This SOW is aimed to account for the additional work required by the Engineer to complete these tasks that were not part of the original SOW for the Runway Shoulder Grading projects. The format and task organization of this SOW mirrors the Runway Shoulder Grading SOW to help itemize the overlapping work and provide clear justification for the extra work. Basic Engineering Services The following work items are needed to accomplish the sponsor’s and funding agency’s requirements: 1.0 PRE-DESIGN PHASE 1.1 Scope of Work and Preliminary Cost Estimate. Prepare Scope of Work (this document) for Engineering/Professional Services Contract and Engineer’s fee estimate. Time is included for scope and fee negotiations. 1.2 Draft Engineering Contract. Draft Engineering Contract for sponsor’s review and approval. This document is expected to be approximately 35 pages in length including appendices. Page 2 of 7 (Exhibit A – ENGINEER’S Services) W:\Transportation Projects\Airports\Rexburg-Madison County\151007 RXE Apron Rehab Construction Admin Services\Agreement\Scope of Work\RXW Apron Rehab CA SOW 2015.04.16.docm 1.3 Coordinate with Subconsultants. Coordination with subconsultants, review the requirements, the timing of the work and obtain a fee proposal for their work for inclusion in the engineering contract. 2.0 DESIGN PHASE - Not used. 3.0 SPECIAL CONSIDERATIONS - Not used. 4.0 BIDDING PHASE - Not used. 5.0 SPECIAL SERVICES Special Services will consist of construction administration for office support, pre- construction coordination, and providing on-site construction coordination. 5.1 Prepare Construction Contract and Documents. Engineer’s effort to prepare the Notice of Award, Notice to Proceed and Contract Agreements is included in the Shoulder Grading SOW. Additional effort to create a complete construction package for the additional specifications and plans not included in the Runway Shoulder Grading SOW is included in this SOW. 5.2 Office Assistance. Because of the additional work by combining bid packages, especially with the introduction of paving operations, additional office assistance is required for this SOW. This effort is expected to included office engineering staff, CADD personnel, and clerical staff to assist the Resident Project Representative during construction. Specific items to be accomplished include compiling and sending additional information requested from the office to the project site, providing secondary engineering opinions on issues arising during construction, maintaining project files as necessary, completeing the Notice of Intent for the Construction General Permit and various other items necessary in day to day operations. It is assumed that the project manager will dedicate an average of 1 hour a day dealing with issues from the apron rehabilitation construction portion of the project. 5.3 Periodic Pay Estimates and Request for Reimbursement. Engineer’s efforts for preparing periodic pay estimates during construction and FAA requests for reimbursement of funds can be found in the Shoulder Grading Scope of Work. This will need to be supplemented with additional effort because of the combining of the bid packages. There are now three federal grants (as opposed to one) that requires tracking and monitoring to responsibly account for all construction and CA expenditures. 5.4 Weekly Reports. Weekly reports are completed under the Runway Shoulder Grading SOW. However, the addition of the Apron Rehabilitation work will require additional effort to produce weekly reports. This effort is included in this SOW. Page 3 of 7 (Exhibit A – ENGINEER’S Services) W:\Transportation Projects\Airports\Rexburg-Madison County\151007 RXE Apron Rehab Construction Admin Services\Agreement\Scope of Work\RXW Apron Rehab CA SOW 2015.04.16.docm 5.5 Material Submittal Review. Additional material submittal reviews (as a result of the Apron Rehabilitation portion of the project) that the RPR is unable to review or the Engineer needs to review will be covered under this SOW. 5.6 Change Order/Supplemental Agreement. It is assumed that two (2) change orders and/or supplemental agreements from the Project Manager and Clerical staff will be required during this project. Additional change orders or change orders exceeding the fee estimate will be added by contract addendum. 6.0 PRE-CONSTRUCTION COORDINATION PHASE 6.1 Prepare Project Files. This task is included in the Runway Shoulder Grading SOW. However, additional effort will be required to create additional clerical documents required by the Apron Rehabilitation portion of the project (quantity sheets, testing sheets, construction report format, etc.). 6.2 Prepare Pre-Construction Conference. This task is included in the Runway Shoulder Grading SOW. However, additional effort will be required to review Apron Rehabilitation specific requirements. 6.3 Conduct Pre-Construction Conference. Not included in this SOW. The effort required to conduct the conference is covered under the Runway Shoulder Grading SOW. 6.4 Prepare Construction Management Plan. The Engineer will obtain the Contractor's Quality Control Plan (QC). After reviewing the QC Plan, Engineer will prepare the Construction Management Plan (CMP), which requires data to be extracted from the QC Plan and combined with Sponsor information and Engineer information for project responsibilities. A preliminary copy of the CMP will be submitted to the Sponsor and FAA for approval. After the FAA's review, the CMP may be revised or issued to the Contractor for use. The FAA requires a CMP for paving projects over $250,000. 7.0 ON-SITE CONSTRUCTION COORDINATION PHASE This phase will consist of providing one full time Resident Project Representative (RPR) during construction. All of the construction activity will take place within the airport operating area and will require coordination with Airport Management. The construction is estimated to take 21 working days. When required, overhead costs, travel costs, and per diem are in addition to the engineering hours expended. It is noted that the Runway Shoulder Grading SOW estimates 14 working days for the RPR. The addition of the Apron Rehabilitation will require an additional 7 working days. It is anticipated that one RPR will be able to adequately monitor construction activities with additional office support from the engineer and clerical staff. Page 4 of 7 (Exhibit A – ENGINEER’S Services) W:\Transportation Projects\Airports\Rexburg-Madison County\151007 RXE Apron Rehab Construction Admin Services\Agreement\Scope of Work\RXW Apron Rehab CA SOW 2015.04.16.docm 7.1 Field Inspection/Coordination. The Project Manager’s efforts to attend the weekly construction meeting can be found in the Shoulder Grading Scope of Work. The additional effort of the Apron Rehabilitation portion of the work will require more involvement on the part of the Engineer. Additional effort is anticipated for the RPR for the same reason. 7.2 Resident Project Representative. The Resident Project Representative (RPR) will work approximately 10 hours per day. In addition to the various other items identified under On-Site Construction Coordination Phase, the Resident Project Engineer is required to visually inspect all work performed by the contractor to assure conformance with the plans and specifications, issue Non-Compliance Reports if necessary, and coordinate all work being performed with the Airport Manager on a daily basis during their regular work day. Monitoring of the Contractor’s efforts to comply with the requirements of the Constrution General Permit is included in this effort. The required effort is anticipated to take an additional 7 working days on top of the Runway Shoulder Grading SOW. If required, additional days will be added by contract addendum. The Engineer will be on site for the first day of paving to coordinate QA efforts. 7.3 Review Material Submittal. Material Submittal Reviews for the Runway Shoulder Grading portion of work is included in its respective SOW. The additional Apron Rehabilitation work will require substantially more effort to review appropriate submittals and shop drawings. The RPR will review copies of the contractor's survey data for pavement grades and structure locations. The RPR will review other construction items for general compliance with the construction documents. RPR’s time for this item will be covered by Item 7.2, Resident Project Representative. 7.4 Review Contractor Payroll Forms. The effort for this task for the Runway Shoulder Grading portion is included in its respective SOW. Additional effort is required because of the Apron Rehabilitation portion of work. This effort is included in this SOW (this document). RPR’s time for this item will be covered by Item 7.2, Resident Project Representative. 7.5 Calculate Construction Quantities. The effort for this task for the Runway Shoulder Grading portion is included in its respective SOW. Additional effort is required because of the Apron Rehabilitation portion of work. This effort is included in this SOW (this document). RPR’s time for this item will be covered by Item 7.2, Resident Project Representative. 7.6 Periodic Pay Estimates. The effort for this task for the Runway Shoulder Grading portion is included in its respective SOW. Additional effort is required because of the Apron Rehabilitation portion of work and additional grants covering the project. This effort is included in this SOW (this document). RPR’s time for this item will be covered by Item 7.2, Resident Project Representative. Page 5 of 7 (Exhibit A – ENGINEER’S Services) W:\Transportation Projects\Airports\Rexburg-Madison County\151007 RXE Apron Rehab Construction Admin Services\Agreement\Scope of Work\RXW Apron Rehab CA SOW 2015.04.16.docm 7.7 Prepare Requests for Reimbursement. The effort for this task for the Runway Shoulder Grading portion is included in its respective SOW. Additional effort is required because of the Apron Rehabilitation portion of work and additional grants covering the project. This effort is included in this SOW (this document). RPR’s time for this item will be covered by Item 7.2, Resident Project Representative. 7.8 Prepare Daily Reports. The effort for this task for the Runway Shoulder Grading portion is included in its respective SOW. Additional effort is required because of the Apron Rehabilitation portion of work. This effort is included in this SOW (this document). RPR’s time for this item will be covered by Item 7.2, Resident Project Representative. 7.9 Prepare/Submit Weekly Reports. The effort for this task for the Runway Shoulder Grading portion is included in its respective SOW. Additional effort is required because of the Apron Rehabilitation portion of work. This effort is included in this SOW (this document). RPR’s time for this item will be covered by Item 7.2, Resident Project Representative. 7.10 Review QC Results provided by Contractor. The effort for this task for the Runway Shoulder Grading portion is included in its respective SOW. Additional effort is required because of the Apron Rehabilitation portion of work, especially because of the inclusion of pavement into the contract. This effort is included in this SOW (this document). RPR’s time for this item will be covered by Item 7.2, Resident Project Representative. The Engineer will also review QC results. 7.11 Review QA Results provided by Engineer’s QA firm. The Resident Project Representative & Engineer will review and coordinate revisions by the Engineer’s QA firm to QA submittals performed as a part of the acceptance testing required by standard specifications. This will occur on a weekly basis and at project completion prior to submittal to the FAA, State Aeronautics, and Sponsor. RPR’s time for this item will be covered by Item 7.2, Resident Project Representative. The Engineer will also review QA results. 8.0 POST CONSTRUCTION COORDINATION PHASE This phase will consist of project close out and site cleanup. 8.1 Final Inspection. The effort for this task for the Runway Shoulder Grading portion is included in its respective SOW. Additional effort is required because of the Apron Rehabilitation portion of work, especially because of the inclusion of pavement into the contract. One additional full day and travel is included in this SOW (this document) to account for the effort. Page 6 of 7 (Exhibit A – ENGINEER’S Services) W:\Transportation Projects\Airports\Rexburg-Madison County\151007 RXE Apron Rehab Construction Admin Services\Agreement\Scope of Work\RXW Apron Rehab CA SOW 2015.04.16.docm 8.2 Final Surveys. Not included in this SOW. This effort is covered under the Runway Shoulder Grading SOW. 8.3 Site Cleanup. Not included in this SOW. This effort is covered under the Runway Shoulder Grading SOW. 8.4 Engineering Record Drawings. The effort for this task for the Runway Shoulder Grading portion is included in its respective SOW. Additional effort is required because of the Apron Rehabilitation portion of work. This effort is included in this SOW (this document). The RPR will be required to transmit a clean, legible, and otherwise useful set of “as-built” drawings to the Engineer. The Engineer will complete a set of record drawings using CAD. The Sponsor, FAA and State Aeronautics will be provided 11” x 17” copies and an electronic copy (in an acceptable format) of the record drawings. 8.5 Engineering Final Construction Report. Engineer’s efforts to prepare the final construction report for the Runway Shoulder Grading portion can be found in the Runway Shoulder Grading SOW. Significant additional effort is required to complete the Engineering Final Construction Report for the Apron Rehabilitation portion of the project. This effort is included in this SOW (this document). This report will follow the current FAA Northwest Mountain Region’s guidance. At least one review iteration is assumed for this report. It is assumed that the RPR will spend at least 10 hours assisting the engineer in the creating of this FAA required report. 8.6 Summarize Project Costs. The effort for this task for the Runway Shoulder Grading portion is included in its respective SOW. Additional effort is required because of the Apron Rehabilitation portion of work. This effort is included in this SOW (this document). 8.7 Assist with audit. When requested by the Sponsor or FAA, Engineer will assist with the project, or year-end audit. Engineer will provide files requested that are pertinent to the project cost and completion. If required, this will be added by contract addendum. 8.8 Update ALP. Engineer will revise the main ALP drawing to show the changes made under this project (both Runway Shoulder Grading and Apron Rehabilitation) and provide copies to the Sponsor, FAA and State Aeronautics. 9.0 SPECIAL CONSIDERATIONS – CONSTRUCTION 9.1 Acceptance Survey. The effort for this task for the Runway Shoulder Grading portion is included in its respective SOW. Additional effort is required because of the Apron Rehabilitation portion of work, especially because of the inclusion of pavement into the contract. This effort is included in this SOW (this document). This additional Page 7 of 7 (Exhibit A – ENGINEER’S Services) W:\Transportation Projects\Airports\Rexburg-Madison County\151007 RXE Apron Rehab Construction Admin Services\Agreement\Scope of Work\RXW Apron Rehab CA SOW 2015.04.16.docm effort will be completed by subconsultant Surveyor. Survey final grade of pavement after completion by the contractor for acceptance as outlined by the specifications. 9.2 QC/QA Results provided by Contractor. Not used. 9.3 Acceptance Testing. The acceptance testing of base courses, portland cement concrete, asphalt concrete and other materials will be performed under the direction of the Engineer, and will be retained by and paid for under the Contract between the Engineer and the Owner. Base Course will be tested for compaction, smoothness, and grades. Any concrete constructed on site will be tested according to P-610, slump, entrained air, and compression testing. In addition to the Contractor’s QC requirements, asphalt pavement will be QA tested by the Engineer for compaction, smoothness, grades, and thickness in addition to other P-401 requirements. Acceptance testing of P-401 will make use of the FAA’s AC1000 spreadsheet (latest version at: http://www.faa.gov/airports/engineering/design_software/). A detailed paving lane map is required to correlate the paving locations with testing locations. EXHIBIT B OWNER’S RESPONSIBILITIES Page 1 of 3 Pages (Exhibit B – Owner’s Responsibilities) EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. SUGGESTED FORMAT (for use with E-500, 2002 Edition) This is EXHIBIT B, consisting of 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , . Owner’s Responsibilities Article 2 of the Agreement is amended and supplemented to include the following agreement of the parties. B2.01 In addition to other responsibilities of Owner as set forth in this Agreement, Owner shall at its expense: A. Provide Engineer with all criteria and full information as to Owner’s requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Owner will require to be included in the Drawings and Specifications; and furnish copies of Owner’s standard forms, conditions, and related documents for Engineer to include in the Bidding Documents, when applicable. B. Furnish to Engineer any other available information pertinent to the Project including reports and data relative to previous designs, or investigation at or adjacent to the Site. C. Following Engineer’s assessment of initially-available Project information and data and upon Engineer’s request, furnish or otherwise make available such additional Project related information and data as is reasonably required to enable Engineer to complete its Basic and Additional Services. Such additional information or data would generally include the following: 1. Property descriptions. 2. Zoning, deed, and other land use restrictions. 3. Property, boundary, easement, right-of-way, and other special surveys or data, including establishing relevant reference points. 4. Explorations and tests of subsurface conditions at or contiguous to the Site, drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site, or hydrographic surveys, with appropriate professional interpretation thereof. 5. Environmental assessments, audits, investigations, and impact statements, and other relevant environmental or cultural studies as to the Project, the Site, and adjacent areas. 6. Data or consultations as required for the Project but not otherwise identified in the Agreement or the Exhibits thereto. Page 2 of 3 Pages (Exhibit B – Owner’s Responsibilities) EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. D. Give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of the presence at the Site of any Constituent of Concern, or of any other development that affects the scope or time of performance of Engineer’s services, or any defect or nonconformance in Engineer’s services, the Work, or in the performance of any Contractor. E. Authorize Engineer to provide Additional Services as set forth in Part 2 of Exhibit A of the Agreement as required. F. Arrange for safe access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform services under the Agreement. G. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by Engineer (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as Owner deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. H. Provide reviews, approvals, and permits from all governmental authorities having jurisdiction to approve all phases of the Project designed or specified by Engineer and such reviews, approvals, and consents from others as may be necessary for completion of each phase of the Project. I. Provide, as required for the Project: 1. Accounting, bond and financial advisory, independent cost estimating, and insurance counseling services. 2. Legal services with regard to issues pertaining to the Project as Owner requires, Contractor raises, or Engineer reasonably requests. 3. Such auditing services as Owner requires to ascertain how or for what purpose Contractor has used the moneys paid. 4. Placement and payment for advertisement for Bids in appropriate publications. J. Advise Engineer of the identity and scope of services of any independent consultants employed by Owner to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value engineering, and constructibility review. K. Furnish to Engineer data as to Owner’s anticipated costs for services to be provided by others (including, but not limited to, accounting, bond and financial, independent cost estimating, insurance counseling, and legal advice) for Owner so that Engineer may assist Owner in collating the various cost categories which comprise Total Project Costs. L. If Owner designates a construction manager or an individual or entity other than, or in addition to, Engineer to represent Owner at the Site, define and set forth as an attachment to this Exhibit B the duties, responsibilities, and limitations of authority of such other party and the relation thereof to the duties, responsibilities, and authority of Engineer. Page 3 of 3 Pages (Exhibit B – Owner’s Responsibilities) EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. M. If more than one prime contract is to be awarded for the Work designed or specified by Engineer, designate a person or entity to have authority and responsibility for coordinating the activities among the various prime Contractors, and define and set forth the duties, responsibilities, and limitations of authority of such individual or entity and the relation thereof to the duties, responsibilities, and authority of Engineer as an attachment to this Exhibit B that is to be mutually agreed upon and made a part of this Agreement before such services begin. N. Attend the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job related meetings, and Substantial Completion and final payment inspections. O. Provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of Samples, materials, and equipment required by the Contract Documents, or to evaluate the performance of materials, equipment, and facilities of Owner, prior to their incorporation into the Work with appropriate professional interpretation thereof. P. Provide Engineer with the findings and reports generated by the entities providing services to Owner pursuant to this paragraph. Q. Perform or provide the following additional services: . EXHIBIT C PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES Page 1 of 3 Pages Exhibit C – Basic Services (other than RPR and Post-Construction) – Lump Sum Method of Payment EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright 2002 National Society of Professional Engineers for EJCDC. All rights reserved. SUGGESTED FORMAT (for use with E-500, 2002 Edition) This is EXHIBIT C, consisting of 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated . Payments to Engineer for Services and Reimbursable Expenses Article 2 of the Agreement is amended and supplemented to include the following agreement of the parties: ARTICLE 2 – OWNER’S RESPONSIBILITIES C2.01 Compensation For Basic Services – Lump Sum Method of Payment A. Owner shall pay Engineer for Basic Services set forth in Exhibit A, except for services of Engineer’s Resident Project Representative and Post-Construction Phase services, if any, as follows: 1. A Lump Sum amount of $12,840.00 based on the following assumed distribution of compensation: 1.0 Pre-Design Phase $ 4,560.00 9.0 Special Considerations - Construction $ 8,280.00 2. Engineer may alter the distribution of compensation between individual phases noted herein to be consistent with services actually rendered, but shall 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 Consultants, if any. Appropriate amounts have been incorporated in the Lump Sum to account for labor, overhead, profit, and Reimbursable Expenses. 4. The portion of the Lump Sum amount billed for Engineer’s services will be based upon Engineer’s estimate of the proportion of the total services actually completed during the billing period to the Lump Sum. C2.02 [Not used] C2.03 [Not used] Page 2 of 3 Pages Exhibit C – Standard Hourly Rates Schedule EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. SUGGESTED FORMAT (for use with E-500, 2002 Edition) C2.04 Compensation For Post-Construction Basic Services – Lump Sum Method of Payment and Compensation For Resident Project Representative and Basic Services – Standard Hourly Rates Method of Payment A. Owner shall pay Engineer for Post-Construction Basic Services as follows: 1. Post-Construction Phase Services. For Post-Construction Phase Services under Paragraph 8.0 of Exhibit A, a Lump Sum amount of $ 8,173.00. The Lump Sum includes compensation for Engineer’s post-construction services and such services of Engineer’s Consultants, if any. Appropriate amounts have been incorporated in the Lump Sum to account for labor, overhead, profit, and Reimbursable Expenses related to Post-Construction Phase Services. B. Owner shall pay Engineer for Resident Project Representative and Basic Services as follows: 1. Resident Project Representative Services. For services of Engineer’s Resident Project Representative, if any, under Paragraph 7.0 of Exhibit A, an amount equal to the cumulative hours charged to the Project by each class of Engineer’s employees times Standard Hourly Rates for each applicable billing class for all Resident Project Representative services performed on the Project, plus related Reimbursable Expenses and Engineer’s Consultant’s charges, if any. The total compensation under this Paragraph is estimated to be $ 17,260.00 based upon Contract Times as set forth herein. 2. Basic Services. For services under Paragraphs 5.0 and 6.0 of Exhibit A, an amount equal to the cumulative hours charged to the Project by each class of Engineer’s employees times Standard Hourly Rates for each applicable billing class for all services performed on the Project, plus related Reimbursable Expenses and Engineer’s Consultant’s charges, if any. The total compensation under this Paragraph is estimated to be $ 12,425.00 and distributed as follows: C. Compensation For Reimbursable Expenses 1. For those Reimbursable Expenses that are not accounted for in the compensation for Basic Services under Paragraph C2.01, and are directly related to the provision of Resident Project Representative or Post-Construction Basic Services, Owner shall pay Engineer at the rates set forth in Appendix 1 to this Exhibit C. 2. Reimbursable Expenses include the following categories: transportation and subsistence incidental thereto; obtaining bids or proposals from Contractor(s); providing and maintaining field office facilities including furnishings and utilities; subsistence and transportation of Resident Project Representative and assistants; toll telephone calls and mobile phone charges; reproduction of reports, Drawings, Specifications, Bidding Documents, and similar Project-related items in addition to those required under Exhibit A, and, if authorized in advance by Owner, overtime work requiring higher than regular rates. In addition, if authorized in advance by Owner, Reimbursable Expenses will also include expenses incurred for computer time and the use of other highly specialized equipment. 3. The amounts payable to Engineer for Reimbursable Expenses, if any, will be those internal expenses related to the Resident Project Representative or Post-Construction Basic Services that are actually 5.0 Special Services $ 8,535.00 6.0 Pre-Construction Coordination Phase $ 3,890.00 Page 3 of 3 Pages Exhibit C – Standard Hourly Rates Schedule EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. incurred or allocated by Engineer, plus all invoiced external Reimbursable Expenses allocable to such services, the latter multiplied by a factor of 1.0. 4. The Reimbursable Expenses Schedule will be adjusted annually to reflect equitable changes in the compensation payable to Engineer. D. Other Provisions Concerning Payment Under this Paragraph C2.04 1. Whenever Engineer is entitled to compensation for the charges of Engineer’s Consultants, those charges shall be the amounts billed by Engineer’s Consultants to Engineer times a factor of 1.0. 2. Factors. The external Reimbursable Expenses and Engineer’s Consultant’s factors include Engineer’s overhead and profit associated with Engineer’s responsibility for the administration of such services and costs. 3. Estimated Compensation Amounts a. Engineer’s estimate of the amounts that will become payable for specified services are only estimates for planning purposes, are not binding on the parties, and are not the minimum or maximum amounts payable to Engineer under the Agreement. b. When estimated compensation amounts have been stated herein and it subsequently becomes apparent to Engineer that a compensation amount thus estimated will be exceeded, Engineer shall give Owner written notice thereof. Promptly thereafter Owner and Engineer shall review the matter of services remaining to be performed and compensation for such services. Owner shall either agree to such compensation exceeding said estimated amount or Owner and Engineer shall agree to a reduction in the remaining services to be rendered by Engineer, so that total compensation for such services will not exceed said estimated amount when such services are completed. If Engineer exceeds the estimated amount before Owner and Engineer have agreed to an increase in the compensation due Engineer or a reduction in the remaining services, the Engineer shall be paid for all services rendered hereunder. 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. 5. Total compensation under this Amendment No. 2 is $ 50,698.00 based on the following distribution: Lump Sum Method of Payment $ 21,013.00 Standard Hourly Rates Method of Payment $ 29,685.00 Aviation Fee Schedule (Exhibit C – Appendix 1 – Reimbursable Expenses Schedule) Effective March 1, 2015 EQUIPMENT CHARGES Vehicles /Mile $ 0.75 Vehicle /Day (minimum charge) $ 30.00 CADD/Hour $ 25.00 GPS/Hour $ 65.00 ATV/Hour – 4 Hour Minimum $ 20.00 Survey Equipment/Hour $ 25.00 Robotic Total Station/Hour $ 45.00 GIS Data Logger/Hour $ 15.00 Per Diem/Day As Negotiated Reimbursable Expenses At Cost FIELD SUPPLY CHARGES Steel Fence Posts $ 8.00/each 2½“Aluminum Cap on 24” Rebar $ 7.50/each 3” Aluminum Cap on 2½” Galvanized Iron Pipe $ 33.00/each Brass Marker in Concrete $ 58.25/each Aluminum Cap Set in Concrete $ 18.25/each Fiberglass Monument Marker $ 20.00/each NGS Monument $270.00/each Lath $ 33.00/bundle Hubs $ 15.75/bundle High Visibility Paint $ 6.00/can Flagging $ 5.00/roll PK Nails $ 26.00/box Photo Panels $ 50.00/panel MATERIALS TESTING Density Field Testing $ 15.00/test *Materials testing price(s) does not include labor or travel time. *Additional Materials Testing Services including soil percolation tests, core drill sampling, concrete slump, concrete air and test cylinders can be provided at a negotiated cost. 1. When employees perform work that requires overtime, the billing rate for that overtime work will be increased to 135% of the rate established above. Overtime shall be defined as any work required of an employee in excess of 8 hours per day, work during Saturdays, Sundays and during national holidays. 2. Considerations for Daily Per Diem Rates include but are not limited to location, current GSA rates and lodging availability. 3. This fee schedule is subject to change without notice. Aviation Fee Schedule (Exhibit C – Appendix 2 – Standard Hourly Rates Schedule) Effective March 1, 2015 ENGINEERING SERVICES RATE Engineer VI $ 195.00 Engineer V $ 170.00 Engineer IV $ 135.00 Engineer III $ 115.00 Engineer II $ 105.00 Engineer I $ 95.00 Engineering Technician III $ 90.00 Engineering Technician II $ 80.00 Engineering Technician I $ 65.00 QA Administrator $ 115.00 PLANNING SERVICES Planner IV $ 195.00 Planner III $ 115.00 Planner II $ 95.00 Planner I $ 85.00 SURVEYING SERVICES Surveyor IV $ 140.00 Surveyor III $ 120.00 Surveyor II $ 100.00 Surveyor I $ 90.00 Surveyor Technician IV $ 90.00 Surveyor Technician III $ 80.00 Surveyor Technician II $ 70.00 Surveyor Technician I $ 60.00 GIS Project Manager $ 95.00 CONSTRUCTION SERVICES Resident Project Representative IV $ 120.00 Resident Project Representative III $ 105.00 Resident Project Representative II $ 95.00 Resident Project Representative I $ 85.00 SUPPORT SERVICES Project Coordinator II $ 90.00 Project Coordinator I $ 65.00 Director of Finance $ 110.00 Business Office Manager $ 100.00 Executive Assistant $ 80.00 Administrative Assistant $ 55.00 EXHIBIT D DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE Page 1 of 5 Pages (Exhibit D - Resident Project Representative) EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. SUGGESTED FORMAT (for use with E-500, 2002 Edition) This is EXHIBIT D, consisting of 5 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , . Duties, Responsibilities, and Limitations of Authority of Resident Project Representative Paragraph 1.01.A of the Agreement is amended and supplemented to include the following agreement of the parties: D1.01 Resident Project Representative A. Engineer shall furnish a Resident Project Representative (“RPR”), assistants, and other field staff to assist Engineer in observing progress and quality of the Work. The RPR, assistants, and other field staff under this Exhibit D may provide full time representation or may provide representation to a lesser degree. B. Through such additional observations of Contractor’s work in progress and field checks of materials and equipment by the RPR and assistants, Engineer shall endeavor to provide further protection for Owner against defects and deficiencies in the Work. However, Engineer shall not, during such visits or as a result of such observations of Contractor’s work in progress, supervise, direct, or have control over the Contractor’s Work nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to the Contractor’s work in progress, for any failure of Contractor to comply with Laws and Regulations applicable to Contractor’s performing and furnishing the Work, or responsibility for Contractor’s failure to furnish and perform the Work in accordance with the Contract Documents. In addition, the specific terms set forth in section A.1.05 of Exhibit A of the Agreement are applicable. C. The duties and responsibilities of the RPR are as follows: 1. General: RPR is Engineer’s agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR’s actions. RPR’s dealings in matters pertaining to the Contractor’s work in progress shall in general be with Engineer and Contractor, keeping Owner advised as necessary. RPR’s dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. Page 2 of 5 Pages (Exhibit D - Resident Project Representative) EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: a. Serve as Engineer’s liaison with Contractor, working principally through Contractor’s superintendent, assist in providing information regarding the intent of the Contract Documents. b. Assist Engineer in serving as Owner’s liaison with Contractor when Contractor’s operations affect Owner’s on-Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications: Consider and evaluate Contractor’s suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR’s recommendations, to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 8. Review of Work and Rejection of Defective Work: a. Conduct on-Site observations of Contractor’s work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Contractor’s work in progress will not produce a completed Project that conforms generally to the Contract Documents or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be Page 3 of 5 Pages (Exhibit D - Resident Project Representative) EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections, Tests, and System Startups: a. Consult with Engineer in advance of scheduled major inspections, tests, and systems startups of important phases of the Work. b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner’s personnel, and that Contractor maintains adequate records thereof. c. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Engineer. 10. Records: a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, Engineer’s clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project-related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor’s hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. c. Record names, addresses, fax numbers, e-mail addresses, web site locations, and telephone numbers of all Contractors, subcontractors, and major suppliers of materials and equipment. d. Maintain records for use in preparing Project documentation. e. Upon completion of the Work, furnish original set of all RPR Project documentation to Engineer. 11. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor’s compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. Page 4 of 5 Pages (Exhibit D - Resident Project Representative) EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Furnish to Engineer and Owner copies of all inspection, test, and system start-up reports. d. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, damage to property by fire or other causes, or the discovery of any Constituent of Concern. . 12. 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. 13. 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 Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion: a. Participate in a Substantial Completion inspection, assist in the determination of Substantial Completion and the preparation of lists of items to be completed or corrected. b. Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed and deficiencies to be remedied. c. Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work. D. Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or-equal” items). 2. Exceed limitations of Engineer’s authority as set forth in the Agreement or the Contract Documents. 3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor’s superintendent. Page 5 of 5 Pages (Exhibit D - Resident Project Representative) EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor’s work unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over 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 E NOTICE OF ACCEPTABILITY OF WORK NOT USED EXHIBIT F CONSTRUCTION COST LIMIT NOT USED EXHIBIT G INSURANCE Page 1 of 3 Pages (Exhibit G - Insurance) EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. SUGGESTED FORMAT (for use with E-500, 2002 Edition) This is EXHIBIT G, consisting of 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , . Insurance Paragraph 6.04 of the Agreement is amended and supplemented to include the following agreement of the parties. G6.04 Insurance A. The limits of liability for the insurance required by Paragraph 6.04.A and 6.04.B of the Agreement are as follows: 1. By Engineer: a. Workers’ Compensation: Statutory b. Employer’s Liability -- 1) Each Accident: $1,000,000.00 2) Disease, Policy Limit: $1,000,000.00 3) Disease, Each Employee: $1,000,000.00 c. General Liability -- 1) Each Occurrence (Bodily Injury and Property Damage): $1,000,000.00 2) General Aggregate: $2,000,000.00 d. Excess or Umbrella Liability -- 1) Each Occurrence: $ 2) General Aggregate: $ e. Automobile Liability -- 1) Bodily Injury: a) Each Accident $1,000,000.00 2) Property Damage: a) Each Accident $1,000,000.00 Annual Aggregate $ 2. By Owner: Page 2 of 3 Pages (Exhibit G - Insurance) EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. a. Workers’ Compensation: Statutory b. Employer’s Liability -- 1) Each Accident See Certificates 2) Disease, Policy Limit See Certificates 3) Disease, Each Employee See Certificates c. General Liability -- 1) General Aggregate: $ 2) Each Occurrence (Bodily Injury and Property Damage): $ d. Excess Umbrella Liability -- 1) Each Occurrence: $ 2) General Aggregate: $ e. Automobile Liability -- 1) Bodily Injury: a) Each Accident $ 2) Property Damage: a) Each Accident $ f. Other (specify): $ B. Additional Insureds 1. The following persons or entities are to be listed on Owner’s general liability and property policies of insurance as additional insureds, as provided in Paragraph 6.04.B: Page 3 of 3 Pages (Exhibit G - Insurance) EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. a. Graham, Dietz & Associates, DBA GDA Engineers Engineer b . Forsgren Associates, Inc. Engineer’s Consultant c. Engineer’s Consultant 2. During the term of this Agreement the Engineer shall notify Owner of any other Consultant to be listed as an additional insured on Owner’s general liability and property policies of insurance. 3. The Owner shall be listed on Engineer’s general liability policy as provided in Paragraph 6.04.A. EXHIBIT H DISPUTE RESOLUTION Page 1 of 1 Pages (Exhibit H – Amendment to Owner-Engineer Agreement) – Attachment 1) EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. SUGGESTED FORMAT (for use with E-500, 2002 Edition) This is EXHIBIT H, consisting of 1 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , . Dispute Resolution Paragraph 6.08 of the Agreement is amended and supplemented to include the following agreement of the parties: H6.09 Dispute Resolution A. Mediation. Owner and Engineer agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement or the breach thereof (“Disputes”) to mediation by the mediation rules given in policies established by the American Arbitration Association or mutally agreed upon mediation entity. If such mediation is unsuccessful in resolving a Dispute, then (a) the parties may mutually agree to a dispute resolution of their choice, or (b) either party may seek to have the Dispute resolved by a court of competent jurisdiction. EXHIBIT I ALLOCATION OF RISK Page 1 of 1 Pages (Exhibit I - Allocation of Risks) EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. SUGGESTED FORMAT (for use with E-500, 2002 Edition) This is EXHIBIT I, consisting of 1 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , . Allocation of Risks Paragraph 6.10 of the Agreement is amended and supplemented to include the following agreement of the parties: I6.10.B Limitation of Engineer’s Liability 1. Engineer’s Liability Limited to the Amount of $1,000,000.00. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, the total liability, in the aggregate, of Engineer and Engineer’s officers, directors, partners, employees, agents, and Engineer’s Consultants, and any of them, to Owner and anyone claiming by, through, or under Owner for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from, or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability or breach of contract, or warranty express or implied of Engineer or Engineer’s officers, directors, partners, employees, agents, or Engineer’s Consultants, or any of them, shall not exceed the total amount of $1,000,000.00. EXHIBIT J SPECIAL PROVISION Page 1 of 1 Pages (Exhibit J - Special Provisions) EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. SUGGESTED FORMAT (for use with E-500, 2002 Edition) This is EXHIBIT J, consisting of 1 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , 2015. Special Provisions Paragraph(s) 6.01(G), 6.04(G), and 8.02(A) of the Agreement is/are amended to include the following agreement(s) of the parties: Paragraph 6.01(G): Delete and replace with: G. The General Provisions for any construction contract documents prepared hereunder are to be the General Provisions of the Standards for Specifying Construction of Airports, most current revision, as published by the U.S. Department of Transportation, Federal Aviation Administration. Paragraph 6.04(C): Delete and replace with: C. Owner shall require Contractor to purchase and maintain general liability and other insurance in accordance with the requirements of 70-11 – Responsibility for Damage Claims of Part I General Provisions of the Standards for Specifying Construction of Airports, most current revision, as published by the U.S. Department of Transportation, Federal Aviation Administration and to cause Engineer and Engineer’s Consultants to be listed as additional insureds with respect to such liability and other insurance purchased and maintained by Contractor for the Project. Paragraph 8.02(A): Insert the following at the end of the paragraph: “Exhibits listed above but not included in this Agreement may be added as individual projects are approved. As this Agreement is amended for each individual project, both parties will mutually agree on appropriate exhibits to be added and the terms outlined therein.” EXHIBIT K AMENDMENT TO OWNER ENGINEER AGREEMENT NOT USED