Loading...
HomeMy WebLinkAbout~Master - September 3, 2025, Special Meeting of the Ames City Council1.Resolution approving Change Order No. 1 w ith HDR Engineering, Inc. of Omaha, NE in the amount not-to-exceed $965,715 for design of the Resource Recovery and Recycling Campus 2.Resolution approving Change Order No. 1 with INVISION Architecture, LLC, Des Moines, IA, in the amount of $545,000 for Animal Shelter Facility Project AGENDA SPECIAL MEETING OF THE AMES CITY COUNCIL COUNCIL CHAMBERS - CITY HALL** **THIS WILL BE AN ELECTRONIC MEETING. IF YOU WISH TO PROVIDE INPUT ON ANY ITEM, YOU MAY DO SO AS A VIDEO PARTICIPANT BY GOING TO: HTTPS://US02WEB.ZOOM.US/J/89046033212 OR BY TELEPHONE BY DIALING: 833-548-0276 ZOOM MEETING ID: 890-4603-3212 SEPTEMBER 3, 2025 NOTICE TO THE PUBLIC: The Mayor and City Council welcome comments from the public during discussion. The Standards of Decorum, posted at the door and available on the City website, define respectful conduct for public participation. If you wish to speak, please fill out the form on the tablet outside the door to the Council Chambers or scan the QR Code to the right to fill out the same form on a personal device. When your name is called, please step to the microphone, state your name for the record, and keep your comments brief so that others may have the opportunity to speak. CALL TO ORDER: 11:30 a.m. CONSENT: ADJOURNMENT: Please note that the agenda may be changed up to 24 hours before the meeting time as provided by Section 21.4(2), Code of Iowa. 1 ITEM #:1 DATE:09-03-25 DEPT:PW SUBJECT:DESIGN CONTRACT WITH HDR ENGINEERING FOR RESOURCE RECOVERY AND RECYCLING CAMPUS COUNCIL ACTION FORM BACKGROUND: At the June 24, 2025 City Council meeting, the City Council received the conceptual design and financial analysis report for the Resource Recovery and Recycling Campus (R3C). The conceptual design and financial analysis were developed by HDR Engineering, Inc. of Omaha, NE, following a competitive request for proposal (RFP) process. The R3C is a new approach for the disposal of solid waste and handling recyclables and yard waste for Ames and its partners. Following that June 24 meeting, staff negotiated an agreement with HDR for the detailed design work necessary to bid and construct the new facility. The agreement also includes bid assistance and construction engineering support throughout the project. The fees for these services total an amount not-to-exceed $965,715. City Council is being asked to consider approval of this agreement with HDR so that final design activities can begin to meet the goal of construction beginning in the spring of 2026. This agreement is structured as a change order to the original conceptual design contract. Staff intends to utilize a Construction Manager as Advisor approach for this project, which involves retaining a separate firm to: 1) represent the City during the project, 2) identify opportunities during the design phase for cost-savings or improved constructability, 3) assist with bidding, and 4) coordinate schedules and workflow for the various contractors during construction. A contract for these services is expected to be presented to the City Council in September. Through this approach, the Construction Manager will be the full-time on-site observer, rather than the engineer. Therefore, this contract with HDR provides for twice per month construction observation visits. On April 28, 2025, the City Council adopted a resolution declaring the intent to reimburse expenses associated with the construction of the Resource Recovery and Recycling Campus Project and allowing the City to incur expenses with the potential for future reimbursement through a bond issuance. Therefore, the funding for this design contract will be taken from the fund balance and reimbursed once bonds are issued. The project budget is outlined in the table below. Project Revenues Project Expenses Revenue Abated G.O. Bonds $16,778,435 Land Acquisition (220, 306, 312, 318, 400 Freel Drive)$1,077,500 Due Diligence prior to closing 15,465 Conceptual Design and Financial Modeling 50,000 Final Design (this Council Action)965,715 Final Design Contingency 124,785 Permitting (est.)50,000 Opinion of Probable Construction Costs for R3C Facility 9,019,000 Construction Contingency 1,435,020 Construction Inspection (est.)450,950 Construction Manager Fee (est.)750,000 Construction Manager General Conditions Costs (est.)500,000 Mobile Equipment (transfer trucks and trailers)2,340,000 Total Revenues $16,778,435 Total $16,778,435 ALTERNATIVES: 1. Approve Change Order No. 1 with HDR Engineering, Inc. of Omaha, NE in the amount not to exceed $965,715 for final design, bid assistance, and construction engineering support services for the Resource Recovery and Recycling Campus. 2. Direct staff to make changes to the agreement. CITY MANAGER'S RECOMMENDED ACTION: This agreement allows for the continued development of the R3C in addressing the next steps towards final design and bidding of the project. City staff has negotiated a robust scope within the agreement that will help facilitate the success of the project by clearly delineating roles and responsibilities of the parties at each step. This agreement is now ready for approval and time is of the essence to ensure construction can begin in spring 2026. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternate 1, as described above. ATTACHMENT(S): HDR Contract.pdf Change Order Form - Mayor Lines.pdf EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright©2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES Prepared by As Modified by the Parties Hereto (all changes shown in redline/strike-out format) EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Guidelines Page 1 of 1 Copyright© 2020 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 The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. The use of this document is governed by the terms of the License Agreement for the 2020 EJCDC® Engineering Series Documents. NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above. EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 1 of 2 AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES TABLE OF CONTENTS Page Article 1 Services Of Engineer ................................................................................................................... 1 1.01 Scope ............................................................................................................................................. 1 Article 2 ............................................................................................................. 1 2.01 Project Information ....................................................................................................................... 1 2.02 -End Construction Contract Documents ....... 2 2.03 Owner-Furnished Services ............................................................................................................ 3 2.04 ................................................................................................. 4 2.05 Payment ........................................................................................................................................ 5 Article 3 Schedule For Rendering Services ................................................................................................ 6 3.01 Commencement............................................................................................................................ 6 3.02 Time for Completion ..................................................................................................................... 6 Article 4 Invoices And Payments ............................................................................................................... 6 4.01 Invoices ......................................................................................................................................... 6 4.02 Payments ....................................................................................................................................... 6 Article 5 Opinions Of Cost ......................................................................................................................... 7 5.01 Opinions of Probable Construction Cost ....................................................................................... 7 5.02 Opinions of Total Project Costs ..................................................................................................... 7 Article 6 General Considerations ............................................................................................................... 7 6.01 Standards of Performance ............................................................................................................ 7 6.02 Ownership and Use of Documents ............................................................................................... 9 6.03 Electronic Transmittals ............................................................................................................... 10 6.04 Insurance ..................................................................................................................................... 11 6.05 Suspension and Termination ...................................................................................................... 12 6.06 Successors, Assigns, and Beneficiaries ........................................................................................ 13 6.07 Dispute Resolution ...................................................................................................................... 14 6.08 Controlling Law; Venue ............................................................................................................... 14 6.09 Environmental Condition of Site ................................................................................................. 14 6.10 Indemnification and Mutual Waiver ........................................................................................... 16 6.11 Records Retention ....................................................................................................................... 17 6.12 Miscellaneous Provisions ............................................................................................................ 17 Article 7 Definitions ................................................................................................................................. 18 7.01 Defined Terms ............................................................................................................................. 18 Exhibits And Special Provisions .................................................................................................................. 22 Article 8 ................................................................................................................................................... 22 8.01 Exhibits to Agreement................................................................................................................. 22 8.02 Total Agreement ......................................................................................................................... 23 8.03 Designated Representatives ....................................................................................................... 23 8.04 Engineer's Certifications ............................................................................................................. 23 8.05 Conflict of Interest ...................................................................................................................... 23 EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 2 of 2 EXHIBIT A ............................................................................................................... 1 Article 1 BASIC SERVICES ........................................................................................................................... 5 EXHIBIT B DELIVERABLES SCHEDULE .......................................................................................................... 1 EXHIBIT C AMENDMENT TO OWNER-ENGINEER AGREEMENT .................................................................. 1 EXHIBIT D DUTIES, RESPONSIBILITIES, AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE .......................................................................................................................................... 1 Not used. ....................................................................................................................................................... 1 EXHIBIT E EJCDC® C-626, NOTICE OF ACCEPTABILITY OF WORK ............................................................... 1 EXHIBIT F ELECTRONIC DOCUMENTS PROTOCOL (EDP) ............................................................................ 1 Article 1 ELECTRONIC DOCUMENTS PROTOCOL (EDP) ............................................................................. 1 1.01 Electronic Documents Protocol .................................................................................................... 1 EXHIBIT F ATTACHMENT 1: SOFTWARE REQUIREMENTS FOR ELECTRONIC DOCUMENT EXCHANGE ...... 1 EXHIBIT G INSURANCE ................................................................................................................................ 1 Article 1 INSURANCE ................................................................................................................................. 1 1.01 Insurance Policies and Limits ........................................................................................................ 1 1.02 Additional Insureds ....................................................................................................................... 2 EXHIBIT H DISPUTE RESOLUTION ............................................................................................................... 1 EXHIBIT I LIMITATIONS OF LIABILITY .......................................................................................................... 1 Article 1 limitations of liability .................................................................................................................. 1 1.01 Mutual Indemnification ................................................................................................................ 1 EXHIBIT J PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES ................................ 1 COMPENSATION PACKET BC-1: BASIC SERVICES Time and Materials ....................................................... 1 Article 1 COMPENSATION PACKET BC-1: BASIC SERVICES Time and Materials ..................................... 1 1.01 Compensation for Basic Services Time and Materials ............................................................... 1 COMPENSATION PACKET AS-1: ADDITIONAL SERVICES STANDARD HOURLY RATES ................................ 1 Article 2 COMPENSATION PACKET AS-1: ADDITIONAL SERVICES STANDARD HOURLY RATES .............. 1 2.01 Compensation for Additional Services Standard Hourly Rates Method of Payment................. 1 APPENDIX 1: REIMBURSABLE EXPENSES SCHEDULE ..................................................................................... 1 APPENDIX 2: STANDARD HOURLY RATES SCHEDULE .................................................................................... 1 EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 25 AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES This is an Agreement between City of Ames, Iowa (Owner) and HDR Engineering, Inc. Professional Engineering Services to Develop a Resource Recovery and Recycling Campus (Project). Other terms used in this Agreement are defined in Article generally identified as Schematic Design, Design Development, Specifications, Construction Drawings, Bidding, Construction Engineering, and Construction Administration and Construction Quality Assurance. Owner and Engineer further agree as follows: ARTICLE 1 SERVICES OF ENGINEER 1.01 Scope A. Engineer shall provide, or cause to be provided, the services set forth herein and in Exhibit A. B. All phases of service will include Management of Engineering Services as shown in Exhibit A. ARTICLE 2 2.01 Project Information A. To the extent Owner has not already provided the following, or has new, additional, or revised information from that previously provided, Owner shall provide Engineer with information and data needed by Engineer in the performance of Basic and Additional 1. design objectives and constraints; 2. space, capacity, and performance requirements; 3. flexibility and expandability needs; 4. design and construction standards; 5. budgetary limitations; and 6. any other available information pertinent to the Project including reports and data relative to previous designs, construction, or investigation at or adjacent to the Site. B. -available Project information and data and upon through retention of specialists or consultants) such additional Project-related information and data as is reasonably required to enable Engineer to complete its Basic and Additional Services; or, with consent of Engineer, Owner may authorize the Engineer to obtain or provide all or part of such additional information as Additional Services. Such additional information or data may include the following: 1. Property descriptions. 2. Zoning, deed, and other land use restrictions. 3. Surveys, topographic mapping, and utility documentation. EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 25 4. Property, boundary, easement, right-of-way, and other special surveys or data, including establishing relevant reference points. 5. Explorations and tests of subsurface conditions at or adjacent to the Site; geotechnical reports and investigations; drawings of physical conditions relating to existing surface or subsurface structures at the Site; hydrographic surveys, laboratory tests and inspections of samples, materials, and equipment; appropriate professional interpretation of such information or data. 6. Environmental assessments, audits, investigations, and impact statements, and other relevant environmental, historical, or cultural studies relevant to the Project, the Site, and adjacent areas. 7. Data or consultations as required for the Project but not otherwise identified in this Agreement. C. Owner shall examine all alternative solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by Engineer (including obtaining advice of an attorney, risk manager, insurance counselor, financial/municipal advisor, and other advisors or consultants as Owner deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. D. provided to Owner by others (including, but not limited to, accounting, bond and financial, independent cost estimating, insurance counseling, and legal advice) so that Engineer may assist Owner in collating the various cost categories that comprise Total Project Costs. E. Owner shall advise Engineer if any invention, design, process, product, or device that Owner has requested, required, or recommended for inclusion in the Drawings or Specifications will be subject to payment (whether by Owner or Contractor) of any license fee or royalty to others, as required by patent rights or copyrights. F. Techniques, as defined in Exhibit A. G. opportunities for enhancing the sustainability of the Project. 2.02 Front-End Construction Contract Documents A. Owner shall be employing the Services of a Construction Manager as Advisor (Construction Manager), who will work with and give instructions to Engineer regarding procurement of construction services (including instructions regarding advertisements for bids, instructions to bidders, invitations to bid, number of contracts, schedule of bidding and work, and other pertinent bidding requirements as applicable). The Engineer shall prepare for the Owner and Construction Manager parties, the following: 1. Standard contract forms, general conditions (using the current edition of EJCDC® C-700, Standard General Conditions of the Construction Contract), supplementary conditions, text, and related documents and content for Engineer to include in the draft Bidding Documents, and in draft Front-End Construction Contract Documents; 2. insurance and bonding requirements; EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 25 3. protocols for electronic transmittals during bidding and construction; 4. Safety and security programs applicable to the Construction Manager, Contractor and other Constructors; 5. diversity and other social responsibility requirements; 6. bidding and contract requirements of funding, financing, or regulatory entities; 7. other specific conditions applicable to the procurement of construction or contract documents; 8. any other information necessary for the creation of the Bidding Documents and Front- End Construction Contract Documents. B. Owner and the Construction Manager shall provide information as applicable to 2.02 A. documents to the Engineer, and the Engineer shall have the responsibility for the final content of (1) such Bidding Documents, (2) such Front-End Construction Contract Documents, and the content regarding the design (as set forth in the Drawings, Specifications, or otherwise), and (3) all other pertinent engineering and/or technical matters. 1. advisors with respect to providing information to the Engineer as the Engineer drafts the content of such documents. C. If there will be an advertisement soliciting bids for construction, Owner shall place and pay for such advertisement. 2.03 Owner-Furnished Services A. Recognizing and acknowledging that Engineer's services and expertise do not include the following services, Owner shall obtain, as required for the Project: 1. -Frank Wall Street Reform and Consumer Protection Act (2010) and the municipal advisor registration rules issued by the Securities and Exchange Commission), independent cost estimating, and insurance counseling services. 2. Legal services, including attorney review of proposed Construction Contract Documents, legal services required by Owner to solely defend, represent, and/or needed as a result of issues caused or raised by Contractor, and Project-related legal services reasonably requested by Engineer and not due to the performance or lack of performance of, or to defend, the Engineer. 3. Auditing services, including those needed by Owner to ascertain how or for what purpose Contractor has used money paid to it. B. Owner may provide the services of an independent testing laboratory or provide such services through the use of a Construction Manager to perform all inspections, tests, and approvals of samples, materials, and equipment required by the Construction Contract Documents (other than those required to be furnished or arranged by Contractor), or to evaluate the performance of materials, equipment, and facilities of Owner, prior to their incorporation into the Work with appropriate professional interpretation thereof. Owner EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 25 shall provide Engineer with the findings and reports generated by testing laboratories, including findings and reports obtained from or through Contractor. C. Owner shall acquire or arrange for acquisition of the Site(s) and any temporary or permanent rights of access, easements, or property rights needed for the Project. D. With respect to the portions or phases of the Project designed or specified by Engineer, Owner shall provide, obtain, or arrange for: 1. all required reviews, approvals, consents, and permits from governmental authorities having jurisdiction, and 2. such reviews, approvals, and consents from others as may be necessary for completion of each portion or phase of the Project E. Owner may delegate to Contractor or others the responsibilities set forth in Paragraphs 2.03.C and D. 2.04 A. Owner shall inform Engineer of the policies, procedures, and requirements of Owner that are applicable to Engineer's performance of services under this Agreement. B. Owner shall of funding to be used, and will promptly inform Engineer if the budget or funding sources change. C. Owner, individually or through its Construction Manager, shall inform Engineer in writing of any safety or security programs that are applicable to the personnel of Engineer, its Subconsultants as they visit the Site or otherwise perform services under this Agreement. D. Owner, individually or through its Construction Manager, shall arrange for safe access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform services under this Agreement. E. Owner shall provide necessary direction and make decisions, including prompt review (within reasonable and mutually agreeable time limits and, when applicable, the regular schedule of governing and regulatory approval boards and committees when approval from such is required) manner so as not to unreasonably Should the s reasonable control to prevent or correct, the Engineer shall promptly notify the Owner in writing in order that such delays may be prevented or corrected. F. Owner shall be responsible for all requirements and instructions that it furnishes to Engineer pursuant to this Agreement, and for the accuracy and completeness of all programs, reports, data, and other information furnished by Owner to Engineer pursuant to this Agreement. Engineer may use and rely upon such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement, subject to any express limitations or reservations applicable to the furnished items. G. Owner, individually or through its Construction Manager, shall give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of: EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 25 1. 2. the presence at the Site of any Constituent of Concern; or 3. any relevant, material defect or nonconformance in: (a) ) the Work, (c) the performance of any Constructor, or (d) responsibilities under this Agreement. H. Owner, individually or through its Construction Manager, shall advise Engineer of the identity and scope of services of any independent consultants employed by Owner to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value engineering, and constructability review. I. The Owner has designated or intends to designate a Construction Manager as Advisor to represent the Owner at the Site and provide construction management services. The will act as an advisor. The Request for Proposal containing the project requirements for the Construction Manager as Advisor is attached to this Agreement as Exhibit K. The Owner shall furnish to the Engineer a copy of the executed agreement between the Owner and Construction Manager as Advisor promptly upon the execution of that agreement. J. Construction Manager (and Owner, as appropriate) shall: 1. Attend and participate in the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job-related meetings, and Site visits to determine Substantial Completion and readiness of the completed Work for final payment. 2. Subcontractors and Subconsultants through the Engineer. a. Promptly inform Engineer of the substance of any communications between Construction Manager and Owner and the Subcontractors or Subconsultants. b. Subcontractors or Subconsultants. 3. The Owner may authorize Engineer in writing to provide Additional Services as set forth in Article 2 of Exhibit A of the Agreement, as required. Additional Services shall not be provided prior to receipt of written approval from Owner. Should Additional Services be provided prior to receipt of approval, the Engineer is proceeding at its own risk and Owner is not obligated to compensate the Engineer for the Additional Services, even if the work is partially or fully performed. 4. Perform or provide the following: a. NA 2.05 Payment A. Owner shall pay Engineer as set forth in Article 4 and Exhibit J. B. ompensation is outlined in Exhibit J. 1. Compensation items and totals based on a not to exceed amount. EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 25 2. Labor rate ARTICLE 3 SCHEDULE FOR RENDERING SERVICES 3.01 Commencement A. Engineer is authorized to begin rendering services as of the Effective Date. 3.02 Time for Completion A. Engineer shall complete its obligations within a reasonable time. Specific periods of time for rendering services, or specific dates by which services are to be completed, are provided in Exhibit B, and are hereby agreed to be reasonable. B. If, through no fault of Engineer, such periods of time or dates are significantly changed, or significantly impaired, or in excess of six (6) months, then the time for will be adjusted equitably. C. will be adjusted equitably. Any changes to compensation must be approved in writing and in advance, based on the changes. Changes to the contract amount may require approval of the City Council. D. If Engineer fails, for reasons within control of Engineer, to complete the performance required in this Agreement within the time set forth, as duly adjusted, then Owner shall be entitled to the recovery of direct damages resulting from such failure by Engineer. ARTICLE 4 INVOICES AND PAYMENTS 4.01 Invoices A. Preparation and Submittal of Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices, the progress reporting and special invoicing requirements (if any) in Exhibit A Paragraph 1.01.A, and the terms of Exhibit J. Engineer shall submit its invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. 4.02 Payments A. Application to Interest and Principal: Payment will be credited first to any interest owed to Engineer and then to principal. B. Disputed Invoices: If Owner disputes an invoice, either as to amount or entitlement, then Owner shall promptly advise Engineer in writing of the specific basis for doing so; may withhold only that portion so disputed; and must pay the undisputed portion, subject to the terms of Paragraph 4.01. After a disputed item has been resolved, Engineer shall include the agreed-upon amount on a new invoice. C. Failure to Pay: If Owner fails to make any undisputed payment due Engineer within 30 days EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 25 1. Engineer may, after giving 15 Agreement until Owner has paid in full amounts due. Owner waives any and all claims against Engineer for any such suspension. ARTICLE 5 OPINIONS OF COST 5.01 Opinions of Probable Construction Cost A. experience, qualifications, and general familiarity with the construction industry. However, because Engineer has no control over the cost of labor, materials, equipment, or services bidding or market conditions, Engineer cannot and does not guarantee that bids or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by Engineer. If Owner requires greater assurance as to probable Construction Cost, then Owner agrees to obtain an independent cost estimate. 5.02 Opinions of Total Project Costs A. The services, if any, of Engineer with respect to Total Project Costs will be limited to assisting the Owner in tabulating the various categories that comprise Total Project Costs. Engineer assumes no responsibility for the accuracy of any opinions of Total Project Costs. ARTICLE 6 GENERAL CONSIDERATIONS 6.01 Standards of Performance A. Standard of Care: The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with any services performed or furnished by Engineer. B. Technical Accuracy: Owner shall not be responsible for discovering deficiencies in the accuracy without additional compensation, unless such corrective action is directly attributable to deficiencies in Owner-furnished information. C. Subconsultants: Engineer may retain such Subcontractors and Subconsultants as Engineer deems necessary to assist in the performance or furnishing of the services, subject to reasonable, timely, and substantive objections by Owner. D. Reliance on Others: Subject to the standard of care set forth in Paragraph 6.01.A, Engineer may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to delegated design professionals retained by Constructor, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. E. Compliance with Laws and Regulations, and Policies and Procedures 1. Engineer and Owner shall comply with applicable Laws and Regulations. EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 25 2. Engineer shall comply with the policies, procedures, and instructions of Owner that are applicable to Engineer's performance of services under this Agreement and that Owner provides to Engineer in writing, subject to the standard of care set forth in Paragraph 6.01.A, and to the extent compliance is not inconsistent with professional practice requirements. 3. This Agreement is based on Laws and Regulations and Owner-provided written policies and procedures as of the Effective Date . The scope of services, times of performance, or compensation: a. changes to Laws and Regulations after the Date of completion of the final design documents, b. the receipt by Engineer after the Effective Date of Owner-provided written policies and procedures, and c. changes after the Effective Date to Owner-provided written policies or procedures. F. General Conditions of Construction Contract: The general conditions for any Construction Contract Documents prepared hereunder are to be the current edition of EJCDC® C-700, Standard General Conditions of the Construction Contract, prepared by the Engineers Joint Contract Documents Committee, as mutually and jointly amended by the Engineer, Construction Manager, and Owner, unless expressly indicated otherwise. Owner will utilize the services of a Construction Manager, who will advise as to the appropriate form of Contract between the Owner and the various Division of Work contractors/subcontractors. G. Copies of Drawings and Specifications: Engineer shall prepare and furnish Drawings and Specifications under this Agreement, and shall deliver to Owner at least one complete electronic copy of such Drawings and Specifications, signed and sealed according to applicable Laws and Regulations, and one complete printed copy, duly signed and sealed. H. Engineer shall not be required to sign any document, no matter by whom requested, that would result in Engineer having to certify, guarantee, or warrant conditions whose existence . Owner agrees not to make resolution of any dispute with Engineer or payment of any amount due to Engineer in any way contingent upon Engineer signing any such document. I. Engineer shall not at any time supervise, direct, control, or have authority over any will Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, or the safety precautions and programs incident thereto, for security or safety at the Site, nor for any failure of a Constructor to comply with Laws and Regulations . Engineer shall not be responsible for the acts or omissions of any Constructor. J. Engineer neither guarantees the performance of any Constructor nor assumes responsibility for any Construction Contract Documents. K. Engineer shall not be responsible for any decision made regarding the Construction Contract Documents, or any application, interpretation, clarification, or modification of the Construction Contract Documents, other than those made by Engineer. EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 25 L. Engineer is not required to provide and does not have any responsibility for surety bonding or insurance-related advice, recommendations, counseling, or research, or enforcement of construction insurance or surety bonding requirements. M. N. ) registration requirements of Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) or the municipal advisor registration rules issued by the Securities and Exchange Commission, or (2) advising Owner, or any municipal entity or other person or entity, regarding municipal financial products or the issuance of municipal securities, including advice with respect to the structure, timing, terms, or other similar matters concerning such products or issuances. O. While at the Site, Engineer, its Subconsultants, and their employees and representatives will comply with the applicable requirements of Contractor's and Owner's safety programs of which Engineer has been informed in writing. 6.02 Ownership and Use of Documents A. All Documents are instruments of service, and Engineer owns the Documents, including all associated copyrights and the right of reuse at the discretion of the Engineer, subject to the following provisions: 1. Upon receipt by Engineer of full payment due and owing for all services relating to preparation of the Documents and subject to the express exclusions that follow, Engineer and any Subconsultants will grant to Owner the ownership of the Documents, including all associated copyrights and the right of reuse. 2. When requested by Owner, Engineer will perform any clerical or administrative acts Documents to the Owner. 3. Engineer shall have and retain the ownership, title, and property rights, including copyright, patent, intellectual property, and common law rights, in any design elements (including but not limited to standard details, drawings, plans, specifications, methodologies, and engineering computations) used in the Documents, but developed by Engineer or its Subconsultants previous to or independent of this Agreement verification of suc 4. Upon receipt by Engineer of full payment due and owing for all services relating to preparation of the Documents, Engineer will issue to Owner a royalty-free, nonexclusive and irrevocable license to use such Previously/Independently Created Works on the Project or on any extension of the Project. 5. Owner acknowledges that the Documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer. 6. Any such use or reuse, or any modification of the Documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 25 Engineer or to its officers, directors, members, partners, agents, employees, and Consultants. 7. Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Subconsultants from all claims, damages, losses, and e, or modification of the Documents without written verification, completion, or adaptation by Engineer. 8. Such limited license to Owner shall not create any rights in third parties. 9. Nothing herein limits -Document work product. B. adapts them for extensions of the Project in the future or for any other purpose, then Owner shall compensate Engineer at rates or in an amount to be agreed upon by Owner and Engineer. C. Engineer shall inform Owner in writing if Engineer is aware of any invention, design, process, product, or device specified in the Drawings, Specifications, or other Documents that is subject to payment (whether by Owner or Contractor) of any license fee or royalty to others, -faith inclusion in the Drawings, Specifications, or other Documents of new, innovative, or non-standard technologies, for the benefit of Owner and the Project, results in third-party claims of infringement or violation of intellectual property rights, and such inclusion does not meet the criteria outlined in the previous sentence, then Owner and Engineer shall share equally the costs of defending against, settling, or paying such claims. D. will not be unreasonably withheld, prior to releasing any publicity, including news and press releases, promotional publications, award and prize competition submittals, and other advertising regarding the subject matter of this Agreement. Nothing herein wi statements of qualifications and proposals to others accurately describing its participation and participation of employees in the Project. 6.03 Electronic Transmittals A. To the fullest extent practical, Owner, Construction Manager, and Engineer agree to transmit, and accept, Project-related correspondence, Documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through access to a secure Project website, in accordance with Exhibit F, Electronic Documents Protocol (EDP). 1. Compliance with the EDP by Engineer shall be considered a Basic Service and no direct or separate compensation will be paid to Engineer for such compliance, unless provisions for separate compensation are expressly set forth in the EDP. B. If this Agreement does not include Exhibit F or otherwise does not establish or include protocols for transmittal of Electronic Documents by Electronic Means, then Owner and Engineer may operate without specific protocols or may jointly develop such protocols at a later date. EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of 25 C. Except as stated otherwise in Exhibit F (if included in this Agreement), when transmitting Electronic Documents by Electronic Means, the transmitting party makes no representations as to long term compatibility, usability, or readability of the Electronic Documents resulting from the recipient hardware differing from those used in the drafting or transmittal of the Electronic Documents, or from those established in applicable protocols. D. This Agreement (including the EDP) is not intended to create obligations for Owner, Construction Manager, or Engineer with respect to transmittals to or from third parties, except as expressly stated in the EDP. 6.04 Insurance A. Engineer shall procure and maintain insurance as set forth in Exhibit G. B. Additional Insureds: umbrella or excess liability policies, must: 1. include and list as additional insureds Owner, and any individuals or entities identified as additional insureds in Exhibit G; 2. include coverage for the respective officers, directors, members, partners, and employees of all such additional insureds; 3. afford primary coverage to these additional insureds for all claims covered thereby (including as applicable those arising from both ongoing and completed operations); and 4. not seek contribution from insurance maintained by the additional insured. C. Owner shall procure and maintain insurance as set forth in Exhibit G. D. Owner shall require Contractor to purchase and maintain policies of insurance covering workers' compensation, general liability, motor vehicle damage and injuries and other insurance necessary to protect Owner's and Engineer's interests in the Project. E. Owner, Construction Manager, and Engineer shall each deliver to the other certificates of insurance evidencing the coverages indicated in Exhibit G. Such certificates must be the life of the Agreement. 1. Upon request by Owner or any other insured, Engineer shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, documentation of applicable self-insured retentions (if allowed) and deductibles, full disclosure of all relevant exclusions, and evidence of insurance required . In any documentation furnished under this provision, Engineer may redact (a) any confidential premium or pricing information and (b) any wording specific to projects or jurisdictions other than those applicable to this Agreement. F. The Owner may chose to procure for the Project. G. All policies of property insurance relating to the Project, including but not limited to any must allow for waiver of subrogation rights and contain provisions to the effect that in the event of payment of any loss or damage the insurers will EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 of 25 have no rights of recovery against any insured thereunder or against Engineer, its Subconsultants . Owner and Engineer waive all rights against each other, Contractor, Subconsultants, and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by any such builde any other property insurance relating to the Project. Owner and Engineer shall take appropriate measures in other Project-related contracts to secure waivers of rights consistent with those set forth in this paragraph. H. All policies of insurance must contain a provision or endorsement that the coverage afforded will not be canceled, and that renewal will not be refused, until at least 10 days prior written notice has been given to the primary insured. Upon receipt of such notice, the primary insured must promptly forward a copy of the notice to the other party to this Agreement and replace the coverage being cancelled or reduced to conform to the requirements of this Agreement. I. At any time, Owner may request that Engineer, or but not to exceed the actual amount incurred, 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 Subconsultants to obtain such additional insurance coverage, different limits, or revised deductibles for such periods of time as requested by Owner, and Exhibit G will be supplemented to incorporate these requirements. 6.05 Suspension and Termination A. Suspension 1. By Owner: Owner may suspend for up to 90 days upon 7 written notice to Engineer. 2. By Engineer: Engineer may, after giving 7 services under this Agreement: a. if Owner has failed to pay Engineer for invoiced services and expenses, as set forth in Paragraphs 4.02.B and 4.02.C; b. in response to the presence of Constituents of Concern at the Site, as set forth in Paragraph 6.09.D; or c. if persistent circumstances beyond the control of Engineer have prevented it from performing its obligations under this Agreement. B. Termination for Cause 1. Either party may terminate the Agreement for cause upon 30 event of substantial failure by the other party to perform in accordance with the terms of the Agreement, through no fault of the terminating party. a. Notwithstanding the foregoing, this Agreement will not terminate under Paragraph 6.05.B.1 if the party receiving such notice begins, within 7 days of receipt of such notice, to correct its substantial failure to perform and proceeds EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 of 25 diligently to cure such failure within no more than 30 days of receipt thereof; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30-day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein will extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. In addition to its termination rights in Paragraph 6.05.B.1, Engineer may terminate this Agreement for cause upon 7 a. responsibilities as a licensed professional; b. 90 ; or c. as the result of the presence at or adjacent to the Site of undisclosed Constituents of Concern, as set forth in Paragraph 6.09.E. 3. Engineer will have no liability to Owner on account of any termination by Engineer for cause. C. Termination for Convenience: Owner may terminate this Agreement for convenience, D. Extension of Effective Date of Termination: If Owner terminates the Agreement for cause or convenience, Owner may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to demobilize personnel and equipment from the Site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. Engineer shall be entitled to compensation for such tasks subject to percentage of work completed as of effective date of termination but not as additional services. E. Payments Upon Termination: In the event of any termination under Paragraph 6.05, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement, plus any reimbursable expenses incurred through the effective date of termination. Upon making such payment, Owner will of Paragraph 6.02.A. 1. If Owner has terminated the Agreement for cause and disputes to compensation for services and reimbursement of expenses, then Engineer entitlement to payment the use of the Documents will be resolved in accordance with the dispute resolution provisions of this Agreement or as otherwise agreed in writing. 6.06 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 6.06.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 of 25 B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, claims arising out of this Agreement or money that is due or may become due) in this Agreement without the written consent of the other party, except to the extent that any assignment, subletting, or transfer is mandated by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise in this Agreement: 1. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 2. Nothing in this Agreement will be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Constructor, other third-party individual or entity, or to any surety for or employee of any of them. 3. Owner agrees that the substance of the provisions of this Paragraph 6.06.C will appear in the Construction Contract Documents. 6.07 Dispute Resolution A. Owner and Engineer shall resolve all disputes in the following manner: 1. Owner and Engineer agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice, prior to invoking mediation. 2. Owner and Engineer agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or Engineer agree to participate in the mediation process in good faith. The process will be conducted on a confidential basis, and must be completed within 120 days. 3. If the parties fail to resolve a Dispute through negotiations under Paragraph 6.07.A.1 or mediation under Paragraph 6.07.A.2, then the parties may exercise their rights at law in a court of competent jurisdiction (in Story County, Iowa). 6.08 Controlling Law; Venue A. This Agreement is to be governed by the Laws and Regulations of the state of Iowa with venue in the appropriate state and/or federal courts for Story County, Iowa. 6.09 Environmental Condition of Site A. Owner represents to Engineer that, as of the Effective Date, knowledge, no Constituents of Concern, other than those disclosed in writing to Engineer, exist at or adjacent to the Site. B. Undisclosed Constituents of Concern: For purposes of this Paragraph 6.09, the presence at or adjacent to the Site of Constituents of Concern that were not disclosed to Engineer pursuant to Paragraph 6.09.A, in such quantities or circumstances that such Constituents of Concern may present a danger to persons or property exposed to them, will be referred to 1. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 of 25 pursuant to industry practices, Laws and Regulations, and the requirements of this Agreement or the Construction Contract, are not undisclosed Constituents of Concern. 2. Constituents of Concern that are to be located, identified, studied, removed, or remediated as part of the services under this Agreement are not undisclosed Constituents of Concern. 3. Constituents of Concern that are to be located, identified, studied, removed, or remediated as part of the services under another professional services contract for Owner, or as part of the work under a construction or remediation contract, are not undisclosed Constituents of Concern if Engineer has been informed of the general scope of such contract. C. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer shall notify (1) Owner and (2) appropriate authorities having jurisdiction if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. D. services related to undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals an undisclosed Constituent of Concern, or if encountered, uncovered, or revealed Constituents of Concern are present in substantially greater quantities or substantially different locations than disclosed or anticipated, or if investigative or remedial action, or other professional services, are necessary or required by applicable Laws and Regulations with respect to such Constituents of Concern, then Engineer may, at its option and without liability for direct, consequential, or any other damages, suspend performance of services on the portion of the Project adversely affected thereby until such portion of the Project is no longer so affected; and Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action. E. If the presence at the Site of undisclosed Constituents of Concern, or of Constituents of Concern in substantially greater quantities or in substantially different locations than vices under this Agreement, then: 1. if the adverse effects do not preclude Engineer from completing its Project services in general accordance with this Agreement on unaffected or marginally affected portions of the Project, the Agreement will be amended to reflect changes necessitated by the presence of such Constituents of Concern; or 2. if the adverse effects are of such materiality to the overall performance of Engineer that it cannot complete its services without significant changes to the scope of services, time of completion, and compensation, then Engineer may terminate this Agreement for cause on 7 F. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and wi Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encoun Agreement. EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 of 25 6.10 Indemnification and Mutual Waiver A. Indemnification by Engineer: To the fullest extent permitted by Laws and Regulations, members, partners, agents, and employees, from losses, damages, and judgments (including ) arising from third-party claims or actions relating to the Project, provided that any such claim, action, loss, damages, or judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused partners, agents, employees, Subconsultants . This indemnification provision is subject to and limited by the provisions, if any, agreed to by Owner and Engineer in Exhibit B. Environmental Indemnification: To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Engineer, Subcontractors, and their officers, directors, members, partners, agents, employees, and subconsultants from all claims, costs, losses, damages, actions, and judgments (including to, or resulting from a Constituent of Concern at, on, or under the Site, provided that: 1. any such claim, cost, loss, damages, action, or judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and 2. nothing in this paragraph obligates Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willful misconduct. C. No Defense Obligation: The indemnification commitments in this Agreement do not include a defense obligation by the indemnitor unless such obligation is expressly stated. D. Percentage Share of Negligence: To the fullest extent permitted by Laws and Regulations, a 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, will not Owner, Engineer, and all other negligent entities and individuals. If both parties cannot mutually agree on a Percentage Share of Negligence, both parties agree to utilize Dispute Resolution as outlined in 6.07. E. Mutual Waiver: To the fullest extent permitted by Laws and Regulations, Owner and Engineer partners, agents, employees, subconsultants, and insurers, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to this Agreement or the Project, from any cause or causes. Such excluded damages include but are not limited to loss of profits or revenue; loss of use or opportunity; loss of good will; cost of substitute facilities, goods, or services; and cost of capital. EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 of 25 6.11 Records Retention A. Engineer shall maintain on file in legible form, for a period of fifteen (15) years following completion or termination of its services, or such other period as required by Laws and Regulations and at a minimum until the statute of limitations expires on the project subject to Iowa Code 614.1, all Documents, records (including cost records), and design calculations Agreement. 6.12 Miscellaneous Provisions A. Notices: Any notice required under this Agreement will be in writing and delivered in person (by commercial courier or otherwise) or by registered or certified mail. All such notices are effective upon the date of receipt. B. Survival: Subject to applicable Laws and Regulations, all express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. C. Severability: Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations will be deemed stricken, and all remaining provisions will continue to be valid and binding upon Owner and Engineer. D. No Waiver: -enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this Agreement. E. Accrual of Claims: To the fullest extent permitted by Laws and Regulations, all causes of action arising under this Agreement will be deemed to have accrued, and all statutory periods of limitation will commence, no later than the date of Substantial Completion; or, if F. Operational Technology Systems: Owner agrees that the effectiveness of operational accordance with all standards, best practices, laws, and regulations that govern the operation and maintenance of the OT Systems. Owner shall be solely responsible for operating and maintaining the OT System in accordance with applicable industry standards (i.e. ISA, NIST, etc.) and best practices, which generally include but are not limited to, cyber security policies and procedures, documentation and training requirements, continuous monitoring of assets for tampering and intrusion, periodic evaluation for asset vulnerabilities, implementation and update of appropriate technical, physical, and operational standards, and offline testing of all software/firmware patches/updates prior to placing updates into production. Additionally, Owner recognizes and agrees that OT Systems are subject to internal and external breach, compromise, and similar incidents. Security features designed or recommended by Engineer are intended to reduce the likelihood that OT Systems will be compromised by such incidents. However, Engineer does not guarantee EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18 of 25 ARTICLE 7 DEFINITIONS 7.01 Defined Terms A. Wherever used in this Agreement (including the exhibits hereto) terms (including the singular and plural forms) printed with initial capital letters have the meanings indicated in the text above, in the exhibits, or in the following definitions: 1. Addenda Written or graphic instruments issued prior to the opening of bids which clarify, correct, or change the bidding requirements or the proposed Construction Contract Documents. 2. Additional Services The services to be performed for or furnished to Owner by Engineer in accordance with Article 2 of Exhibit A of this Agreement. 3. Agreement This written contract for professional services between Owner and Engineer, including all exhibits identified in Paragraph 8.01 and any duly executed amendments. 4. Application for Payment The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Construction Contract. 5. Basic Services The services to be performed for or furnished to Owner by Engineer in accordance with Article 1 of Exhibit A of this Agreement. 6. Bidding Documents Documents related to the selection of the Contractor, including advertisements or invitations to bid; invitation for bids; instructions to bidders, including any attachments such as lists of available Site-related documents; bid forms; bids; bidding requirements; and qualifications documents. 7. Change Order A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Construction Contract Price or the Construction Contract Times, or other revision to the Construction Contract, issued on or after the effective date of the Construction Contract. 8. Change Proposal A written request by Contractor, duly submitted in compliance with the procedural requirements set forth in the Construction Contract, seeking an adjustment in Construction Contract Price or Construction Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Construction Contract Documents or the acceptability of Work under the Construction Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Construction Contract. 9. Constituents of Concern Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), lead-based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 10. Construction Contract The entire and integrated written contract between Owner and Contractor concerning the Work. EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 of 25 11. Construction Contract Documents in the Construction Contract, and which together comprise the Construction Contract. - 12. Construction Contract Price The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Construction Contract Documents. 13. Construction Contract Times The number of days or the dates by which Contractor must: (a) achieve milestones, if any, in the Construction Contract; (b) achieve Substantial Completion; and (c) complete the Work. 14. Construction Cost The cost to Owner of the construction of those portions of the entire Project designed or specified by or for Engineer under this Agreement, including construction labor, services, materials, equipment, insurance, and bonding costs, and allowances for contingencies. Construction Cost does not include costs of services of Engineer or other design professionals and consultants; cost of land or rights-of-way, or nce counseling, or auditing services; interest or financing charges incurred in connection with the Project; or the cost of other services to be provided by others to Owner. Construction Cost is one of the items comprising Total Project Costs. 15. Construction Manager -An individual or entity retained by the Owner to provide construction management services for the benefit of the Owner as outlined within the Agreement between the Owner and Construction Manager. 16. Constructor Any person or entity (not including the Engineer, its employees, agents, representatives, or Subconsultants ), performing or supporting construction activities relating to the Project, including but not limited to contractors, construction managers, design-builders, testing firms, shippers, and truckers, and the employees, agents, and representatives of any or all of them. 17. Contractor(s)The entities or individuals with which Owner enters into a Construction Contract. The quantity and types of contractors shall be determined by the Construction Manager in consultation with the Owner and Engineer. 18. Documents All documents expressly identified as deliverables in this Agreement, whether in printed or Electronic Document form, required by this Agreement to be provided or furnished by Engineer to Owner. Such specifically required deliverables may include, by way of example, Drawings, Specifications, data, reports, building information models, and civil integrated management models. 19. Drawings That part of the Construction Contract Documents that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 20. Effective Date The date indicated in this Agreement on which it becomes effective, but if no such date is indicated, the date on which this Agreement is signed and delivered by the last of the parties to sign and deliver. 21. Electronic Document Any Project-related correspondence, attachments to correspondence, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital format. EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 20 of 25 22. Electronic Means Electronic mail (e-mail), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) printing of the transmitted Electronic Document by the recipient; (d) the storage and archiving of the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted by this Agreement. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents. 23. Engineer The individual or entity named as such in this Agreement. 24. An individual, firm, vendor, or other entity having a contract with Engineer to furnish general services, equipment, or materials with respect to the Project as an independent contractor. 25. Field Order A written order issued by Engineer which requires minor changes in the Work but does not change the Construction Contract Price or the Construction Contract Times. 26. Front-End Construction Contract Documents Those Construction Contract Documents whose primary purpose is to establish legal and contractual terms and conditions, typically including the Owner-Contractor agreement, bonds, general conditions, and supplementary conditions. The term excludes the Drawings and Specifications, and any Construction Contract Documents delivered or issued after the effective date of the Construction Contract. 27. Laws and Regulations; Laws or Regulations Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 28. Owner The individual or entity named as such in this Agreement and for which Engineer's services are to be performed. Unless indicated otherwise, this is the same individual or entity that will enter into any Construction Contracts concerning the Project. 29. Project The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the services to be performed or furnished by Engineer under this Agreement are a part. 30. Record Drawings Drawings depicting the completed Project, or a specific portion of the completed Project, prepared by Engineer and based on Contractor's record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications, as delivered to Engineer and annotated by Contractor to show changes made during construction. 31. Resident Project Representative The authorized representative of Engineer assigned to assist Engineer at the Site during the Construction Phase. As used herein, the term Resident Project Representative (RPR) includes any assistants or field staff of the RPR. EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 21 of 25 32. Samples Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 33. Shop Drawings All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Construction Contract Documents. 34. Site Lands or areas to be indicated in the Construction Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands furnished by Owner which are designated for the use of Contractor. 35. Specifications The part of the Construction Contract Documents that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 36. Subconsultant An individual, design firm, consultant, or other entity having a contract with Engineer to furnish professional services with respect to the Project as an independent contractor. 37. Subcontractor An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work. 38. Submittal A written or graphic document, prepared by or for Contractor, which the Construction Contract Documents require Contractor to submit to Engineer, or that is indicated as a Submittal in the Schedule of Submittals accepted by Engineer. Submittals may include Shop Drawings and Samples; schedules; product data; Owner-delegated designs; sustainable design information; information on special procedures; testing plans; results of tests and evaluations, source quality-control testing and inspections, and field or Site quality-control testing and inspections; warranties and certifications; operations and maintenance data; Project photographic documentation; record documents; and other such documents required by the Construction Contract Documents. Submittals, whether or not approved or accepted by Engineer, are not Construction Contract Documents. Change Proposals, Change Orders, Claims, notices, Applications for Payment, and requests for interpretation or clarification are not Submittals. 39. Substantial Completion The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Construction Contract Documents, so that the Work (or a specified part thereof) can be utilized for the . 40. Supplier A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 22 of 25 41. Total Project Costs The total cost of planning, studying, designing, constructing, testing, commissioning, and start-up of the Project, including Construction Cost and all other Project labor, services, materials, equipment, insurance, and bonding costs, allowances for contingencies, and the total costs of services of Engineer or other design professionals and consultants, together with such other Project-related costs that Owner furnishes for inclusion, including but not limited to cost of land, rights-of-way, compensation for damages to properties and private utilities (including relocation if not 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. 42. Underground Facilities All active or not-in-service underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site, including but not limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. An abandoned facility or system is not an Underground Facility. 43. Work The entire construction or the various separately identifiable parts thereof required to be provided under the Construction Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Construction Contract Documents. 44. Work Change Directive A written directive to Contractor issued on or after the effective date of the Construction Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. B. Terminology 1. midnight. ARTICLE 8 EXHIBITS AND SPECIAL PROVISIONS 8.01 Exhibits to Agreement The following exhibits are incorporated by reference and included as part of this Agreement: A. Exhibit B. Exhibit B, Deliverables Schedule. C. Exhibit C, Amendment to Owner-Engineer Agreement (form). D. Exhibit D, Duties, Responsibilities and Limitations of Authority of Resident Project Representative Not Used. E. Exhibit E, EJCDC® C-626, Notice of Acceptability of Work (form). EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 23 of 25 F. Exhibit F, Electronic Documents Protocol (EDP). G. Exhibit G, Insurance. H. Exhibit H, Dispute Resolution Not Used. I. Exhibit I, Limitations of Liability. J. Exhibit J, Payments to Engineer for Services and Reimbursable Expenses. K. Exhibit K, Agreement Between Owner and Construction Manager as Advisor 8.02 Total Agreement A. This Agreement (which includes the exhibits listed above) constitutes the entire contractual agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a written instrument duly executed by both parties. Amendments should be based whenever possible on the format of Exhibit C to this Agreement. 8.03 Designated Representatives A. With the execution of this Agreement, Engineer and Owner shall each designate a specific individual to act as representative under this Agreement. Such an individual must have authority to transmit instructions, receive information, and render decisions with respect to this Agreement on behalf of the party that the individual represents. 8.04 Engineer's Certifications A. Engineer certifies that it has not engaged in corrupt, fraudulent, or coercive practices in competing for or in executing the Agreement. For the purposes of this Paragraph 8.04: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the selection process or in the Agreement execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the selection process or the execution of the Agreement to the detriment of Owner, or (b) to deprive Owner of the benefits of free and open competition; 3. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the selection process or affect the execution of the Agreement. 8.05 Conflict of Interest A. Nothing in this Agreement will be construed to create or impose any duty on the part of Engineer that would be in health, safety, and welfare under the professional practice requirements governing Engineer, its Subconsultants, and all licensed professionals employed by Engineer or its Subconsultants. B. If during the term of this Agreement a potential or actual conflict of interest arises or is identified: 1. Engineer and Owner together will make reasonable, good faith efforts to avoid or eliminate the conflict of interest; to mitigate any adverse consequences of the conflict EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 24 of 25 of interest; and, if necessary and feasible, to modify this Agreement to address the conflict of interest and its consequences, such that progress under the Agreement may continue. 2. Such efforts will be governed by applicable Laws and Regulations and by any pertinent resolution methodologies) provided to Engineer under Paragraph 2.04.A of this Agreement. EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 25 of 25 September 3, 2025 Owner: Engineer: City of Ames, Iowa HDR Engineering, Inc. (name of organization) (name of organization) By: By: Date: Date: (date signed) (date signed) Name: John A. Haila Name: Ann Williams, P.E. (typed or printed) (typed or printed) Title: Mayor Title: Nebraska Iowa Area Manager (typed or printed) (typed or printed) Attach evidence of authority to sign. Attach evidence of authority to sign. Attest: Attest: Title: City Clerk Title: (typed or printed) (typed or printed) Address for giving notices: Address for giving notices: Attn.: Public Works Director 515 Clark Avenue 1917 S. 67th Street Ames, IA 50010 Omaha, NE 68106 Designated Representative: Designated Representative: Name: Justin Clausen, P.E. Name: Ann Williams, P.E. (typed or printed) (typed or printed) Title: Public Works Director Title: Senior Vice President (typed or printed) (typed or printed) Address: Address: 515 Clark Avenue 1917 S. 67th Street Ames, IA 50010 Omaha, NE 68106-2973 Phone: 515-239-5160 Phone: 402.548.5102 Email: Justin.clausen@cityofames.org Email: ann.williams@hdrinc.com Exhibit A EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 27 EXHIBIT A Exhibit A Table of Contents Article 1 BASIC SERVICES ................................................................................................................... 5 1.01 Management of Engineering Services ................................... Error! Bookmark not defined. 1.02 Study and Report Phase ......................................................... Error! Bookmark not defined. 1.03 Preliminary Design Phase ....................................................... Error! Bookmark not defined. 1.04 Final Design Phase .................................................................. Error! Bookmark not defined. 1.05 Bidding Phase ......................................................................... Error! Bookmark not defined. 1.06 Construction Phase ................................................................ Error! Bookmark not defined. 1.07 Post-Construction Phase ........................................................ Error! Bookmark not defined. Article 2 ADDITIONAL SERVICES ...................................................................................................... 23 2.01 ..... Error! Bookmark not defined. 2.02 .......................................... 23 Article 1 of the Agreement, Services of Engineer, is supplemented to include the following provisions: Baseline Information: Owner has furnished the following Project information to Engineer as of the moves forward, some of the information may change or be refined, and additional information will become known, resulting in the possible need to change, refine, or supplement the scope of services. Project Title: Resource Recovery & Recycling Campus Type and Size of Facility: 9.5-acre (potential to expand to 11.5-acre) solid waste transfer facility with materials recovery, recycling, household hazardous waste, and yard waste, sized for an annual volume of 78,715 tons of MSW in 2047. Description of Improvements: - Scale with approx. 750-sf scalehouse - One open, pre-engineered metal canopy area for recycling, approx. - One (1) Pre-engineered metal building, with the following parameters: 1. Approximately 30,000 square feet 2. Designated areas of operation a. Administration Offices i. Entry/Reception Area ii. Five (5) offices iii. Breakroom iv. Conference room Exhibit A EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 27 vi. Visitor Restroom b. Resource Recovery/Transfer Area i. Receiving ii. Material handling and loadout iii. Transfer pit, with a push wall iv. Maintenance area v. Transfer pit/tunnel vi. Shredder, magnet, and eddy current separator areas - Stormwater management area(s) - Parking lot - Vehicle maneuvering areas - Equipment storage area(s) - Vehicle fueling area Expected Construction Start: March 2026 Prior Studies, Reports, Plans: 1. Conceptual Design and Financial Analysis Report, June 20, 2025 Prepared by HDR Engineering, Inc. 2. Phase I Environmental Site Assessment, May 1, 2025 Prepared by Ecosource, LLC 3. Soil Boring Logs, April 18 and 21, 2025 Prepared by Terracon Facility Location(s): 210-400 Freel Drive, Ames, Iowa Current Project Budget: Sitework Clearing and Grubbing Sitework New Construction (including placement of structural fill, roads, pavement, ancillary installations) Transfer Building (Including significant concrete work, transfer pit, and pits) Equipment (overhaul of existing shredder, magnet, and one eddy current separator; purchase of conveyors and one ECS) Office Building and Recycling Area Scale House and Scales Design/Engineering Permitting (estimate) Construction Inspection (estimate) Design Contingency Construction Contingency TOTAL $ 64,000 2,456,000 3,341,000 1,185,000 1,253,000 720,000 965,715 50,000 450,950 124,785 1,435,020 $ 12,045,470 Exhibit A EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 27 Budget figure excludes property acquisition and transfer trucks/trailers Funding Sources: Revenue-abated General Obligation Bonds Known Design Standards: 2015 International Building Code (IBC) (with local amendments) 2015 International Fire Code (IFC) (with local amendments) 2021 Uniform Plumbing Code (UPC) 2021 International Mechanical Code (IMC) 2012 International Energy Conservation Code (IECC) 2020 National Electrical Code (NEC) Iowa Code on Manufactured and Modular Structures Accessibility: ICC A117.1-2009 Current National Fire Protection Association (NFPA) Standards as referenced by the International Fire Code Iowa Code Chapter 455B Iowa Code Chapter 455D Iowa Administrative Code 567, Chapter 101 Iowa Administrative Code 567, Chapter 106 Iowa Statewide Urban Design and Specifications (SUDAS), including local amendments thereto Ames Municipal Code, Chapter 9 (Flood Plain Zoning Regulations) Ames Municipal Code, Chapter 29 (Zoning Ordinance) Known Project Limitations: Subject to Inundation by the 1% Annual Chance Flood . The design of the project will need to incorporate appropriate flood protection measures for components located in this area and subject to flood protection requirements. The portion of Freel Drive upon which the site has frontage is a gravel project to pave this roadway during the 2026 construction season. The design and construction of the Resource Recovery and Recycling Campus will need to be coordinated with the roadway design and construction project, including elevations, locations, layout of access driveways, and construction phasing. The opening of the facility is anticipated to occur prior to July 1, 2027. If the facility is able to begin operating earlier, the potential exists for Engineer will present to the Owner any opportunities during the design and construction process to expedite the opening of the facility. Exhibit A EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 27 Project Assumptions: Utilities (electricity, water, gas, sanitary sewer, storm sewer) are available at the property line of the nearest road. Required utilities are of adequate size. It is assumed utility profiles are adequate for gravity lines (storm drainage and sanitary sewer). No site utilities will be designed outside the subject property. Engineer will initiate request to Iowa One Call and specific utilities servicing the site and review utility information provided. Hydrant flow tests necessary for fire suppression/permitting will be provided by others. If test data is not available, hydrant flow testing may need to be completed and will require additional effort and modification to the scope/fee. A three- phase, 480V electric service will be provided, with a 120/208V panelboard for lights, receptacles, and small loads. The service size will be adequate for the facility. A generator or other standby power will be considered as a design alternate . Exterior lighting is limited to building-mounted luminaires. Interior lighting will be controlled with manual switches. Egress lighting will include self-contained battery packs. Telephone or other communications systems are included. Lightning protection will be provided by performance specification. Building HVAC is anticipated to be ventilation only (fan and louver system) and heating/AC will be required in office space and scalehouse. Pavement areas - assuming no vertical curve reduction on public roadways. Project will not include addition of turning lanes on the public roadway. Project will include grading for line-of-sight, stormwater drainage, and pavement needs. Paved areas may inc lude a muck-basin or pit for waste receipt. Stormwater structures, such as catch basins, tanks, and oil-water separators may be included in the project. Armoring for heavy equipment, concrete reinforcement, and special concrete mix may be included in the project. Re-used/re-built equipment includes: shredder, drum magnet, and one eddy current separator. The Owner will provide drawings and equipment information related to the equipment to be re-used. New equipment includes: one eddy current separator, conveyors, gantry lift, maintenance beams. Engineer will prepare a performance specification for this system, and work with a processing equipment supplier to coordinate equipment design with the building, foundation, electrical, and architectural designs. The supplier will provide the detailed layout and installation of the metal recovery system. This design will be incorporated into the drawing set and bid packages as an Owner- specified equipment supplier. This means that the Engineer will incorporate equipment into the final design that has been preselected by the Engineer and Owner. This incorporation will include design details provided by the equipment supplier that will be utilized to develop final plans and specifications. It is anticipated that the processing equipment supplier will be selected prior to design finalization in order to inform the final design layout for both structural Exhibit A EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 27 and electrical components. The Owner will have input in the selection of equipment suppliers for processing equipment to ensure the systems best meet the long-term operational and maintenance needs of the Owner. The final installation of the shredder and material recovery system will follow other construction events and the closure of the existing facility, and will have to be coordinated with the commencement of active transfer operations. The site is zoned General Industrial (GI) and would require to be re- zoned or need a special use permit. It is anticipated the project area will need to be rezoned to government/airport (GA) as part of the tie plan application process. A permit from the Iowa Department of Natural Resources (IDNR) is required for the for the facility constructed in the Project. Environmental site assessment was completed and no additional analyses are included in this scope. For this scope, the Engineer will review historical documentation to verify no additional environmental assessments will be needed. No major changes in the project design concepts will occur following the Basis of Design Report. Only minor changes and refinements will follow the 60% and 90% review documents. -house standard technical specifications will be utilized. Front-end documents will be provided by the Owner. Design drawings will be prepared in AutoCAD 2020 and/or Revit format. Should geotechnical findings require special design considerations, those items will be discussed relative to scope/fee upon recognition. Design of deep foundation elements such as drilled piers or steel screw piles are assumed to not be required in this scope. Similarly, structural floors founded on deep foundations for the floors are assumed not to be required. Engineer shall provide Basic and Additional Services as set forth below. ARTICLE 1 BASIC SERVICES Each Task in this Article shall be commenced only upon receipt by the Engineer of written authorization from the Owner. Task 100 Project Management Objective: Conduct communications between the Owner, Construction Manager, and personnel; plan, organize, and monitor project team activities; attend meetings as requested; prepare and update Exhibit A EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 27 project schedules. Provide support and assistance to the Owner and Construction Manager in communicating the key attributes of the project to members of the public, the staff, and City Council. Activities: Overall project coordination, including resource management and allocation based on project schedule and activities, and production coordination. Engineering progress monitoring and project control, including, preparing and updating work breakdown structure, schedule, total project cost, and project status reports. Meetings and liaison, including, the liaison and electronic communications, telephone conversations, meetings and conferences with the Owner and others as directed by the Owner. The general types of meetings anticipated include the following: o Meetings and presentation with the City Council o Meetings and progress reviews Prepare project management plan, including guidance documents for personnel to define key project objectives, activities, constraints, guidelines, and procedures. Quality audits and Quality Assurance/Quality Control program to confirm compliance with scope and the project quality assurance plans. Meetings: o Tasks 200 600 are based on design team members activities meetings and communications; this task has been provided to address those activities where additional meetings or communications may be required for support of the Owner activities and liaison on design and non-design activities. o Meetings and conference calls with the Owner, Construction Manager, and others as directed by the Owner. The general types of meetings may include the following: Virtual meetings and progress reviews (bi-weekly for approximately twenty four (24) months) City Council briefings (two) in Ames Non-scheduled meetings for review and evaluations (up to four (4) virtual meetings) Meetings and reviews with others (e.g., building permit officials, planning department, IDNR); up to three (3) virtual meetings Public presentation in Ames Deliverables: o Meeting agenda and notes o Project schedule and schedule updates o Work breakdown structure and updates o Total project cost and updates o Project status reports o Presentation materials Exhibit A EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 27 Key Understandings: o Each meeting will be attended by up to two (2) Engineer project team members; where appropriate additional key team members may attend o Meetings associated with planning, permitting, design, and construction are identified in other tasks o Activities covered by this task will be completed in approximately twenty four (24) months from Notice to Proceed. o Owner intends to hire a Construction Manager that will be part of the project team in addition to Owner Staff. Task 200 Project Kickoff Meeting Objective: To conduct a kickoff meeting with the Owner and Construction Manager to establish project communication protocols; discuss project goals, schedules and project constraints, and other key discussion points. Kick- Committee of the site plan sketch prepared during the conceptual design (typically a Friday morning). The second part of the kickoff meeting will immediately follow the Development Review Committee and Construction Manager. Activities: o Participate in a kickoff meeting in Ames to discuss project logistics and initial project data with the Owner and Construction Manager. Kickoff meeting will be held within two (2) weeks of receiving notice to proceed. The meeting will cover both technical and administrative project issues with key team members. The project kickoff meeting will include: Confirm goals and objectives of the Project including coordination with current site operations. Identification of permits and data relevant to the Project. Discussion of existing site operations, potential transfer technologies, building structure, access roads, administrative area needs, and available utilities/requirements. Conduct a site visit that will focus on general field evaluation of existing conditions, site limitations, and attributes of the site. This effort will focus on identifying constraints that would allow the development of a site layout and the assumptions which will be made relative to the number, type and orientation of the facility anticipated to be placed on the site. Identify any data or information needed for design o Prior to the meeting, Engineer shall submit an agenda for review and comment. Following the meeting Engineer shall provide notes highlighting decisions, action items and key outcomes. Exhibit A EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 27 Meetings: o One kickoff meeting and site visit in Ames with up to three (3) Engineer project team members o One virtual review meeting to discuss technical memorandum with up to three (3) Engineer project team members Deliverables: o Meeting agenda and meeting notes Key Understandings: o the Owner will provide meeting location o Kickoff meeting will be attended by Project Manager, Project Engineer, and Architect o Owner intends to hire a Construction Manager that will be part of the project team in addition to Staff. Task 300 Site Analysis, Schematic Design, & Work Shop Objective: To identify existing site features through developing site topography, existing utilities, and conduct additional geotechnical investigation. Utilizing existing data and information from prior tasks to develop a site analysis and schematic design. Activities: o Engineer will contract for surveying services. Subconsultant will conduct field survey work to complete a boundary survey, set benchmarks, topographical survey, and utility location survey of above ground and below ground utilities within the project area. If an ALTA survey was completed with the recent property purchase, Engineer will request from Owner in an effort to not duplicate work. o Evaluate and identify available utility services (and capacity) to the project area including electrical power, water, sewer, and telecommunications. o Conduct a planning workshop with representatives of the Engineer project team and the Owner. Discussion elements will include: o Transfer technology o Shredding and metal recovery system o Materials storage and loadout requirements o Office/administration spatial requirements o Site aesthetics o Scale(s) o Household hazardous pad o Desired level of equipment and human labor forces to be utilized o Utility requirements and classification Exhibit A EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 27 o Based upon information, decisions, and data from prior tasks and the workshop, develop and prepare the preliminary site and building arrangement (schematic design) option. It is intended to illustrate the key facility and site features (orientation, unloading, storage, load-out, scale, recycling, process equipment, roadways, parking, etc.) and site orientation. o Preliminary schematic design options will be developed with consideration of future expansion capabilities, flexibility, ease of maintenance, efficiencies and good neighbor provisions. Implementation concept will ultimately include floor plans and elevations; it will also include recommended transfer technologies and techniques for payload optimization and conceptual shredding and metals recovery. The selected preliminary design will be presented as drawings defining key physical features and dimensions of the facility. Site layout options will focus on utilization of land, configuration, limitations, and orientation relative to existing operations at the current facility. o Based upon the Owner that the Owner will select a single option for drawing and cost refinement (original option from conceptual design development, or the revised half-height tunnel option from recent discussions). Engineer will prepare refined site and facility floor plan drawings, prepare opinion of probable construction cost, and a narrative for the selected option. o Determine structural, electrical, ventilation, fire suppression, water plumbing, stormwater management, mechanical system, security, data connectivity, and physical requirements of the selected schematic design. o Review the City of Ames Municipal Code to identify local permitting requirements including potential permitting schedule. The review will typically focus on rezoning procedures to zone as S-ng rezoning is selected rather than a Special Use Plan) with the Zoning Board of Adjustment, major site development plan procedures with the Development Review Committee, Planning and Zoning Commission hearing prior to their recommendation to the City Council o This item will support submittal requirements, grading/erosion control, drainage, utilities and other pertinent sections of the Municipal Code. o Prepare Basis of Design (BOD) Report with sections that documents the key criteria that will guide the design of the project including regulatory requirements (environmental and permitting), process design, site design, architectural, structural, electrical/I&C, staffing, and an opinion of probable construction cost. o Prepare 3-D rendering of the proposed R3C facility to illustrate the scale and appearance of various buildings and ancillary features. Utilizing schematic design, floor plan, building elevations and images of similar facilities, prepare electronic renderings depicting the proposed facility. o Participate in a review meeting with the Owner, Construction Manager, and as necessary discussions with local building officials, Planning and Development Services staff, Fire Department staff, and others to discuss the BOD Report and schematic design. To expedite the local permitting process and to enhance project efficiencies, the review meeting may occur as the pre-application meeting during the site plan process. Meetings: o Workshop with up to three (3) Engineer team members in Ames o Review meeting (virtual) with up to three (3) Engineer team members Exhibit A EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 27 Deliverables: o Geotechnical investigation report o Site survey o Schematic design option o Opinion of probable construction cost o Draft and final Basis of Design Report o 3-D Renderings Key Understandings: o Decisions and information in prior tasks will serve as the basis for schematic design options. Engineer will not proceed with refined schematic design without the concurrence and direction. o The Owner will select one schematic design for refinement and detailed design. o Key stakeholders will participate in the meetings and make timely decisions to keep the project moving forward. o Fire and life safety requirements may be impacted by insurance carrier requirements. the Owner will be responsible for determine insurance carrier requirements. Outcome of these components may impact capital cost estimates. These requirements will be communicated the Engineer who shall take into consideration in the design of the Project. o Utilities (power, water, gas, sewer, storm sewer) are available at the property line of the nearest road. o Engineer has estimated $10,000 for surveying subcontract, which is included in the Exhibit J, Basic Services Fees. o Fee development is based on the following assumptions for the R3C facility: -sf scalehouse One open, pre- One (1) Pre-engineered metal building, with the following parameters: Approximately 30,000 square feet Designated areas of operation Administration Offices o Entry/Reception Area o Five (5) offices o Breakroom o Conference room o o Visitor Restroom Resource Recovery/Transfer Area o Receiving o Material handling and loadout Exhibit A EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of 27 o Transfer pit, with a push wall o Maintenance area o Transfer pit/tunnel o Shredder, magnet, and eddy current separator areas o Multi-discipline design: Architectural design Structural concrete foundation, floor design(s), pre-engineered metal building conceptual layout. Plumbing design Fire and Life Safety design Electrical and Low voltage design Civil Site Engineering including, storm water, site paving, and grading activities All onsite utilities and layout Landscape design to meet City code requirements Mechanical design including, heating, air conditioning, ventilation, and exhaust systems. Control systems Engineer will specify performance of control systems of conveyor systems. Equipment design and operation Site security- e conduits for security cameras, card readers, etc. Communications place conduits for data lines from data closets, and include electrical connection closets. o Pavement areas assuming no vertical curve reduction on public roadways. Project will not include addition of turning lanes on the public roadway. Project will include grading for line-of-sight, stormwater drainage, and pavement needs. Paved areas may include a muck-basin or pit for waste receipt. Stormwater structures, such as catch basins, tanks, and oil-water separators may be included in the project. Armoring for heavy equipment, concrete reinforcement, and special concrete mix design may be included in the project. The Owner will design the paving of Freel Drive. Design team and Staff will cross coordinate Freel Drive elevations, locations, and layout of Project access driveways and construction phasing of both the Freel Drive paving project and this Project. o It is understood these design parameters may change as this project develops. The above information is used to determine the level of effort required for the design. If the -er level of effort), or to a larger, more complex building using different materials, the level of effort going into the design will be adjusted. This project has been scoped on a time and materials basis for this reason. Adjustments to Fees will be communicated to the City as soon as possible during the project. Exhibit A EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 of 27 Task 400 Design Development, Specifications, and Bid Packages Objective: To develop the details of engineering, design and plan documents for the R3C facility to a level of detail typical for competitive bidding in Iowa. Provide construction bid documents for obtaining necessary permits and for bidding to contractors. The Engineer will also provide assistance in submitting the required permit documents to the authority having jurisdiction for plan review. Activities: o Engineer will contract for the following geotechnical engineering services: Perform site field investigation Perform necessary soil borings for new building construction and miscellaneous sitework Perform laboratory soils testing and analysis Determine the characteristics of the subsurface materials o Subconsultant will prepare a geotechnical report sealed by a registered professional engineer containing recommendations on pavement design, foundation design, and related construction concerns. o Prepare 60% Design Documents: Drawing index that reflects the total number of drawings anticipated. Site plan and vicinity map that depict the existing site features and property boundaries (including topographical data, coordinate system, zoning, geotechnical boring locations, etc.). Site and utility plans that depict existing utilities (above and below ground), buildings, roadways and other pertinent features. Site plans that depict new structure footprints, locations, and orientation on-site including preliminary finish floor elevations. Site plan to include preliminary site grading. Utility layout plan that generally identifies proposed interfaces with existing utilities. Actual routing and location of connection to existing roughly shown. Architectural plans, sections, and elevations that establish preliminary room sizes, external architectural theme, materials of construction roof type, and other features. Life Safety and Code Analysis Sheets Plans adequate to verify access and egress, materials of construction, and other general building and fire code requirements. Structural plans that establish foundation type and depict the preliminary foundation layout. Foundation plan adequate to confirm approach in compliance with geotechnical requirements. Floor plans coordinated with the architectural plans. Conceptual mechanical plans and sections that depict location of major equipment to verify clearance and general configurations. Preliminary HVAC/plumbing plans that depict location of major equipment. Identify the fire protection system requirements on the drawings. Preliminary electrical, one-line diagrams and site electrical plans. Preliminary layout of electrical rooms in adequate detail to determine size requirements Exhibit A EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 of 27 and clearances. Identify available corridors for routing of electrical raceways and operating strategies. Preliminary table of contents for specifications and draft copies of specialized specifications. Preliminary equipment list. Prepare an opinion of probable construction cost. Prepare engineering analyses and calculations. Perform QA/QC of the 60% submittal. Schedule and conduct 60% design review meeting, in person, with the Owner and Construction Manager to review comments. Value engineering and risk assessment discussions will occur at this meeting. Engineer will work with Owner and Construction Manager to make any changes mutually agreed to in order to improve constructability or cost efficiency, or to facilitate timely construction of the Project. o Following written notice to proceed, prepare 90% design documents: Address 60% review comments provided by the Owner. Advance design and design drawings to a 90% level of completion. Prepare 90% submittal plan sheets for the Owner review. Refine and finalize engineering calculations and analyses. Update technical specifications (Divisions 2-48). Update opinion of probable construction cost. Perform QA/QC of the 90% submittal. Schedule and conduct 90% design review meeting with the Owner to review comments. o Following written notice to proceed, prepare 100% Issued For Bid (IFB) design documents: Address 90% review comments provided by the Owner. Finalize design and design drawings to a 100% level of completion. Prepare 100%(IFB) submittal plan sheets for the Owner review. Finalize technical specifications (Divisions 2-48). Finalize engineering analyses and calculations. Update opinion of probable construction cost. Perform QA/QC of the submittal. Provide signed and stamped engineering documents for all plan sheets. o Prepare site plan application in accordance with the Municipal Code: Application form. Application to include rezoning request. Written explanation/narrative of the request. Site plans including scale, north arrow, legal description and address of property, and contact information. Proposed use of buildings or structures. Calculation of impervious area, including building footprint, paving, and total area of lot. Proposed landscaping. Proposed construction schedule. Proposed connections to water and sewer. Proposed underground utilities. Exhibit A EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 of 27 Parking lot material and thickness of pavement. Other pertinent information as requested o Coordinate with the site for shredder and metal recovery system. Re-used/re-built equipment includes: shredder, magnet, eddy current separator. New equipment includes: eddy current separator, conveyors, gantry lift, maintenance beams. Engineer will prepare a performance specification for this system, and work with a processing equipment supplier to coordinate their design with the building, foundation, electrical, and architectural designs. The supplier will provide the detailed layout and installation of the metal recovery system. This design will be incorporated into the drawing set, and bid packages as an Owner specified equipment supplier. It is anticipated that the processing equipment supplier will be selected prior to design finalization in order to inform the final design layout for both structural and electrical components. The final installation of the shredder and metal recovery system will follow other construction events and the closure of the existing facility, and will have to be coordinated with commencement of active transfer operations. The Owner will have input in the selection process of equipment suppliers for processing equipment that is selected prior to bidding to ensure the system best meets the long term operational and maintenance needs of the Owner. o Facility design will be such that transfer operations may begin without processing equipment in place and will coordinate with supplier to design with adequate room for relocation and installation of existing salvaged processing equipment installation. o Develop construction bid packages (e.g., contract documents containing drawings, front-end documents, and specifications): Notice to bidders Advertisement for bids Instruction to bidders Form of proposal Bid, performance, and payment bond forms Notice of award Form of agreement with contractor Notice to proceed General conditions (EJCDC documents) Supplemental site specific general conditions Detailed drawings and specifications front end requirements and any supplemental specifications for bidding. Work with the staff and Construction Manager to develop appropriate bid packages to meet the goals of the project. o Update detailed opinion of probable construction cost. Exhibit A EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 of 27 o Assist the Owner with initial building permitting and associated grading permit necessary for facility construction. Building permit will be executed by contractor after project award. o control, and countermeasure plan (SPCC) for submittal. The updated SPCC will include HHM narrative, procedures, and drawings as required. Stormwater reporting during construction will be completed by the contractor and provided to the RPR/part time RPR for project tracking and inclusion in the final construction report and as-built. o Address the Owner comments on draft application and prepare final site plan application for submittal to the City of Ames. o Attend the City of Ames Development Review Committee meeting following submission of the site plan application. Meetings: o 60% design review meeting (in Ames) with up to two (2) Engineer project team members o 90% design review meeting (virtual) with up to two (2) Engineer project team members o Development Review Committee meeting (in Ames) with up to two (2) Engineer project team members Deliverables: o Meeting agendas and notes (60% and 90% review meetings) in pdf format o 60%, 90%, and 100% design documents (plans and specifications) in pdf format o One printed set of 60% and 90% design documents (plans and specifications) for review and mark up by Owner. o Draft and final site plan application package in pdf format o Provide signed and stamped engineering documents for all plan sheets. o Pdf of final bid packages o Pdf of final cost estimate o Key Understandings: o The site is zoned General Industrial (GI) and would require to be re-zoned, or need a special use permit. It is anticipated the project area will need to be rezoned to government/airport (GA) as part of the site plan application process. o Public hearings and meetings are not included in this scope of work. Additional scope and fee can be provided in the event the Engineer is requested to attend in person, public hearings and meetings by the Owner. o Required utility services are of adequate size and available at or near the project area. Exhibit A EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 of 27 o All roadways will be reinforced concrete. No aggregate roadways are anticipated in the project. o . o No major changes in the project design concepts will occur following the Basis of Design Report. Only minor changes and refinements will follow submittal of the 60% and 90% review documents. o Engineer standard technical specifications will be utilized. Front-end documents will be provided by the Owner. o Design drawings will be prepared in AutoCAD 2020 and/or Revit format. o The Owner will provide drawings and equipment information related to the equipment to be relocated from the Resource Recovery Plant to the R3C. o It is assumed that no roadway or site utilities will be designed off the Owner o Should geotechnical findings require special design considerations, those items will be discussed relative to scope/fee upon recognition. Design of deep foundation elements such as drilled piers or steel screw piles are assumed to not be required in this scope. Similarly, structural floors founded on deep foundations for the floors are assumed not to be required. o Engineer has estimated $10,000 for geotechnical engineering subcontract, which is included in the Exhibit J Basic Services Fees. o Assume utility profiles are only required for gravity lines (storm drainage and sanitary sewer). o Hydrant flow tests necessary for fire suppression/permitting will be provided by others. If test data is not available, hydrant flow testing may need to be completed and will require additional effort and modification to the scope/fee. o A three-phase, 480V electric service will be provided, with a 120/208V panelboard for lights, receptacles and small loads. The service size will be adequate for the facility. A generator or other standby power will not be provided. Exterior lighting is limited to building-mounted luminaires. Interior lighting will be controlled with manual switches. Egress lighting will include self-contained battery packs. Telephone, data, wifi or other communications systems are included at the main plant site and scalehouse. Lightning protection will be provided by performance specification. Additional site lighting will be provided at customer recycling area, staff/visitor parking lot, fuel area, truck storage area, scale house and at entrances/exits from the site. o Building HVAC is anticipated to be ventilation only (fan and louver system), and heating/ac will be required in office space and scale house. o A permit from IDNR is required for the Project in accordance with IAC 567-106.3(1). Environmental site assessment was completed, and no additional analyses are included in this scope. For this scope, Engineer will review historical documentation to verify no additional environmental assessments will be needed. o Many of the documents prepared for the pre-application meeting can and will be incorporated into the other permitting documents to the maximum extent possible. Plan drawings completed as part of the design will also be incorporated into the permitting documents to the maximum extent possible. o The Owner will be responsible for processing or permit fees required as part of the permitting process through the City of Ames. Exhibit A EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 of 27 o Fees charged by authorities having jurisdiction for any permits or approvals are the responsibility of Owner, except that the Engineer shall be responsible for any fees charged by governmental authorities for review of amended/resubmitted documents unless the amendment or resubmittal is necessary because of a design change requested by the Owner, or if during the review period new design standards are adopted and become enforceable. Changes to documents arising during any review, approval, consent, or permit from governmental authorities having jurisdiction which are necessary : 1) to comply with relevant laws, codes, and standards, and 2) to obtain approval from governmental authorities with jurisdiction over the Project, are the responsibility of the Engineer. The Engineer will continue to make changes following the review(s), at its cost, until all necessary approvals have been obtained. o Deliverables will be made in electronic/pdf format unless otherwise requested. Hard copies may be available upon request. o the Owner will pay building permit fees o the Owner will advertise and solicit bids for construction o Engineer will use a lump sum and select unit price items approach in bidding the project to minimize risk to parties and to encourage competitive bidding subject to the input and concurre o One or more contractors would be selected for construction work for the transfer station and site work. o The processing equipment supplier will complete all construction work for any new components in the the shredding and metals recovery system. Relocation of existing shredding and metal recovery components from the existing Resource Recovery Plant shall be included in the bid documents. o Engineer, Owner, and Construction Manager will work cooperatively in developing bid packages for the project. o Contractor bids for the Project will be solicited in a number of separate packages of Bidding Documents, within the same bid process. The Engineer shall work with the Owner and Construction Manager to determine the scope of each Bidding Document package to maximize the potential to receive competitive and cost-effective bids from bid packages during the Final Design Phase of the development process. For the purpose of this scope, Engineer anticipates 5-6 bid packages. Task 500 Bid Assistance Objective: To assist the Owner in the solicitation and evaluation of bids for the construction of the Project and associated site infrastructure. Activities: Exhibit A EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18 of 27 o Bidding assistance for the new processing equipment supply relocation of the existing shredding and metal recovery components from the existing Resource Recovery Plant and for the Project construction will include: Prepare official notice to bidders Aid the Owner and Construction Manager in development of prospective Reproduce and distribute bidding drawings and contract documents to prospective bidders as appropriate. Provide responses and guidance for owner issued addendum as appropriate. proposed by prospective suppliers (unless the Owner has informed the Engineer that a specific item or request, provided that such proposals are allowed by the bidding documents. o Arrange for and facilitate the pre-bid meeting. Meeting agenda, meeting information packets, and meeting notes will be created and distributed to meeting attendees. Pre- bid meeting notes and attendee list will be issued as an addendum to the contract documents. o Attend the bid opening. Review submitted contractor bids for technical completeness and accuracy and tabulate bids for presentation to the Owner along with an official recommendation of award. Consult with Owner and Construction Manager in the course of any review of bids or negotiations with prospective contractors. Consult with Owner and Construction Manager as to the qualifications of prospective contractors. If Owner and Construction Manager engage in negotiations with bidders or proposers, assist Owner and Construction Manager with respect to technical issues that arise during the negotiations. Meetings: o Pre-bid meeting (in-person) with up to two (2) Engineer project team members o Bid opening (in-person) with up to two (2) Engineer project team members Deliverables: o Contract documents for bidders o Pre-bid meeting agenda and notes o Addenda o Letter of recommendation for bid award Key Understandings: o Engineer will prepare electronic bidding documents for publishing on Owner standard bidding services web platform. o Bidders will provide electronic media release for AutoCAD type documents furnished electronically to bidders. Exhibit A EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 of 27 o If the combination of lowest responsive, responsible bids exceed the budgeted construction cost, the Owner may choose to revise the Project scope and/or quality as required to reduce the projected construction cost. If the Owner chooses to proceed in this manner, Engineer will redesign the Project as required to bring Project in, at, or below budget, and at direct labor rates at no additional profit. o No major design changes will be made during the bid process. Task 600 Construction Engineering Support Objective: To provide engineering support through the construction project, including review of Requests for Information, clarifications, submittal reviews, and substitution requests. Activities: o Preparation of agenda, attend and document pre-construction conference. o Administer shop drawings and other submittal items required by the contract documents for compliance, review, and assign appropriate action. o Establish and maintain records of submittals and tracking system in coordination with the Owner, Construction Manager, and contractor. o Review and verify proper assembly of O&M manuals for major equipment. Contractor will have primary responsibility to provide, prepare and assemble manuals. o Prepare and issue interpretations and information requested to clarify contractor questions on contract documents. o Evaluation of contractor requests for substitutions and changes. o Processing of change orders and field orders. o Attendance at monthly construction progress meetings. o Preparation of monthly status reports. o Review as-recorded drawings provided by contractor. o Modify bid documents to reflect as-recorded construction. o Review lab and field testing reports. o Consultation and site visits on-call services: Provide interpretations and clarifications non-performance Periodic visits by discipline engineers Attend special meetings (up to 4 meetings). Meetings: o Pre-construction conference (in person) and virtual monthly construction progress meetings (Estimate 12 total to be confirmed prior to start of construction) o Consultation visits by discipline engineers or by the other design professionals at least twice (2x) per month to observe construction progress and provide reports on any issues. (Estimated twenty-four (24) based off of twelve (12) month construction period to be confirmed prior to start of construction) Deliverables: o Pre-construction conference agenda and notes Exhibit A EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 20 of 27 o Change orders, field orders, and clarifications o Shop drawings, contractor prepared O&M manuals, and other submittals o Two (2) paper copies of as-recorded drawings and one PDF file of contract documents updated to reflect as-recorded drawings Key Understandings: o The consultation and site visit tasks above are intended to assist the Owner in problem solving of unforeseen construction related issues. Engineer budgeted independent trips by discipline engineers and other designers to assist the Owner in construction observation (twenty-four (24) total based off a twelve (12) month construction schedule). If significant design changes are made during construction for change orders or other needs, additional budget may be needed outside of what is included here. o Construction will start in April, 2026 and is estimated to be twelve (12) months of active construction. The majority of construction work will occur in 2026. Additional time will be required for installation of the metals recovery system. Time duration for system installation will be determined by the processing equipment supplier. o Engineer architectural, structural, mechanical, electrical, fire-life safety) with a review time of one (1) hour each. Engineer has assumed 50 submittal reviews per discipline (civil, architectural, structural, mechanical, electrical, fire-life safety) with a review time of one (1) hour each. Engineer has assumed 50 hours per discipline (civil, architectural, structural, mechanical, electrical, fire-life safety) for design clarification. These hours will be re-evaluated at end of design phase against overall design of project. Schedule may vary such that construction is faster or slower than initially estimated. This task will be billed on a T&M basis and adjusted accordingly. If a budget overrun is anticipated, Engineer will inform the Owner as soon as practical. Engineer will not exceed the scope and fee without the Owner approval. o The Owner will provide a meeting place and participate in construction progress meetings. o The Owner will make decisions on contractual matters and will process and take appropriate action on contractor pay requests, change orders, and other administrative matters. o Documents prepared will be provided to the Owner available to the Owner and Engineer. o Shop drawings shall be submitted to the Owner concurrent with field distribution. o Construction surveying and staking shall be the responsibility of the contractor. o Coordinate with Owner construction progress can continue to meet the overall schedule of the project. o documentation available to Engineer, Engineer believes that any part of the Work is Exhibit A EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 21 of 27 defective under the terms and standards set forth in the Construction Contract Documents, Engineer will promptly issue written notice to Contractor Manager (with copy to Owner) of such defective Work. Such notice will communicate the scope, extent (to Contract Documents. Engineer shall provide recommendations to Owner and Construction Manager regarding whether Contractor should correct such Work or remove and replace such Work, or whether Owner should consider accepting the defective Work in accordance with the provisions of the Construction Contract Documents. Engineer shall give notice to Contractor regarding whether the defective Work should be repaired, replaced, or will be accepted by Owner. decision to exercise or not exercise such authority will not give rise to a duty or responsibility of the Engineer to the Construction Manager, Contractors, Subcontractors, material and equipment suppliers, their agents or employees, or any other person(s) or entities performing any of the Work, including but not precautions and programs incident to the Work. o Compatibility with Design Concept: If Engineer has express knowledge that a specific part of the Work that is not defective under the terms and standards set forth in the Construction Contract Documents is nonetheless not compatible with the design concept of the completed Project as a functioning whole, then Engineer shall inform Owner of such incompatibility, and provide recommendations for addressing such Work. o Clarifications and Interpretations: Engineer shall accept from Contractor, Owner, and Construction Manager submittal of all matters in question concerning the requirements of the Construction Contract Documents (sometimes referred to as requests for information or interpretation RFIs), or relating to the acceptability of the Work under the Construction Contract Documents. With reasonable promptness, Engineer shall render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Construction Contract Documents. o Non- performance of its duties and obligations, or terms and conditions of the Construction Contract Documents that do not involve (a) the performance or acceptability of the Work under the Construction Contract Documents, (b) the design (as set forth in the Drawings, Specifications, or otherwise), or (c) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer will not provide a decision or interpretation. o Field Orders: Subject to any limitations in the Construction Contract Documents, Engineer may prepare and issue Field Orders requiring minor changes in the Work. Such Field Orders shall not authorize any change to the contract amount. o Change Orders and Work Change Directives: Engineer shall recommend Change Orders and Work Change Directives to Owner, as appropriate, and prepare Change Orders and Work Change Directives as required. Exhibit A EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 22 of 27 o Change Proposals and Claims Engineer shall review and respond to Change Proposals. Engineer shall review each duly submitted Change Proposal from Contractor and, within 7 days after whole, approve it in whole, or deny it in part and approve it in part. Such actions must be in writing, with a copy provided to Owner, Construction Manager, and Contractor. If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer will not resolve the Change Proposal. Engineer shall provide information or data to Owner and Construction Manager regarding engineering or technical matters pertaining to Claims. o Differing Site Conditions: Engineer shall respond to any notice from Contractor of differing site conditions, including conditions relating to Underground Facilities such as utilities, and hazardous environmental conditions. Engineer shall promptly conduct reviews and o Engineer shall review and approve or take other appropriate action with respect to required Contractor Submittals, but only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, comply with the requirements of the Construction Contract Documents, and for compatibility with the design concept of the completed Project as a functioning whole as indicated by the Construction Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Engineer shall meet any o Submittals is limited to the responsibility set forth in EJCDC C-700 2018, Standard General Conditions of the Construction Contract, paragraph 7.19.E. o -Engineer shall evaluate and determine the acceptability of - the provisions of Exhibit A Paragraph 2.01.A.2. o Inspections and Tests. Engineer shall: Receive and review all certificates of inspections, tests, and approvals required review of such certificates will be for the purpose of determining whether the results certified indicate compliance with the Construction Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Construction Contract Documents. Engineer shall be entitled to rely on the results of such inspections and tests. Reply to Contractor requests for written concurrence that specific portions of the Work that are to be inspected, tested, or approved may be covered. Exhibit A EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 23 of 27 Issue written requests to Contractor that specific portions of the Work remain uncovered. As deemed reasonably necessary, request that Contractor uncover Work that is to be inspected, tested, or approved. Pursuant to the terms of the Construction Contract, require additional inspections or testing of the Work, whether or not the Work is fabricated, installed, or completed. o Owner intends to have a 1-year warranty period post construction. Engineer to attend project walk-through to assist in identifying concerns at a mutually agreed upon time prior to the expiration of the 1-year period. ARTICLE 2 ADDITIONAL SERVICES 2.01 A. If authorized in writing by Owner in advance of Additional Services commencing, Engineer shall provide Additional Services of the types listed below. These services are not included as part of Basic Services and will be paid for by Owner as indicated in Exhibit J. 1. Obtain or provide specified additional Project-related information and data to enable Engineer to complete its Basic and Additional Services. 2. Preparation of special and customized reporting, invoicing, and related support documentation in addition to that identified to be provided under Basic Services. 3. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. 4. Services to make measured drawings of existing conditions or facilities, to conduct tests or investigations of existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner or others. 5. Services resulting from significant changes in the scope, extent, or character of the schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Construction Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date or are due to any other causes beyond 6. alternative solutions beyond those agreed to in Exhibit A Paragraph 1.02.A.1. Exhibit A EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 24 of 27 7. information to Engineer. 8. and other services in support of building information modeling or civil integrated management. 9. Undertaking investigations and studies including, but not limited to: a. All-hazards risk assessments and other studies to evaluate the feasibility of enhancing the resiliency of the design; b. detailed consideration of operations, maintenance, and overhead expenses; c. the preparation of feasibility studies (such as those that include projections of output capacity, utility project rates, project market demand, or project revenues) and cash flow analyses, provided that such services are based on the engineering and technical aspects of the Project, and do not include rendering advice regarding municipal financial products or the issuance of municipal securities; d. preparation of appraisals; e. with respect to proprietary systems or processes requiring licensing, providing services necessary to assist Owner in obtaining such licensing. f. detailed quantity surveys of materials, equipment, and labor; and g. audits or inventories required in connection with construction performed or furnished by Owner. 10. Services. 11. Providing data or services of the types described in Article 2, when Owner retains Engineer to provide such data or services instead of Owner furnishing the same. 12. Providing the following services: a. Services attributable to more prime construction contracts than specified in Exhibit A Task 400 Design Development, Specifications, and Bid Packages, Key Understandings. Engineer acknowledges, understands, and includes in their fee services to allow bidding multiple contracts under Basic Services as set forth and b. Services to arrange for performance of construction services for Owner by contract for such services. 13. Services during out-of-town travel required of Engineer, other than for visits to the Site A). 14. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, project peer review and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other documents as a result of such review processes beyond the reports and studies required to be provided as part of Basic Services. Exhibit A EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 25 of 27 15. Assistance in connection with bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services except as set forth in Task 500 Bid Assistance. 16. Preparing conformed Construction Contract Documents that incorporate and integrate any amendments negotiated by Owner, Construction Manager, and Contractor. 17. Services to assist Owner in developing or modifying protocols for transmittal of Electronic Documents by Electronic Means after the effective date of this Agreement, either by revising or adapting Exhibit F to the Project or implementing other Electronic Documents protocols among Project participants. 18. Any services by Engineer in connection with Owner or Engineer providing a Document to a Requesting Party under Exhibit F Paragraph 1.01.D (see Exhibit F, Electronic Documents Protocol), or any other distribution of a Document to a third party. Such services may include but are not limited to preparing the data contained in the requested Document in a manner deemed appropriate by Engineer; creating or otherwise preparing and distributing the Document in a format necessary to respond to decision to provide the Document to a requesting party, including Contractor, in a format other than that required for deliverables from Engineer to Owner; and services in connection with obtaining required releases from the third parties to which the Documents will be distributed. Compensation for these Additional 19. Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor, but only if such services increase the total quantity of services to be performed in the Construction Phase, rather than merely shifting performance of such services to a later date. 20. Preparing Record Drawings, and furnishing such Record Drawings to Owner. 21. Supplementing Record Drawings with information regarding the completed Project, Site, and immediately adjacent areas obtained from field observations, Owner, utility companies, and other reliable sources. 22. Conducting surveys, investigations, and field measurements to verify the accuracy of Record Drawing content obtained from Contractor, Owner, utility companies, and other sources; revise and supplement Record Drawings as needed. 23. Preparation of operation, maintenance, and staffing manuals. 24. Protracted or extensive assistance in refining and adjusting of Project equipment and systems (such as initial startup, testing, and balancing). 25. equipment and systems. 26. Assistance to Owner in developing systems and procedures for (a) control of the operation and maintenance of Project equipment and systems, and (b) related recordkeeping. 27. Preparing to serve or serving as a consultant or witness for, or producing documents for or on behalf of, Owner in any litigation, arbitration, mediation, lien or bond claim, or Exhibit A EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 26 of 27 other legal or administrative proceeding involving the Project (but not including disputes between Owner and Engineer). 28. Overtime work requiring higher than regular rates. 29. Providing construction surveys and staking to enable Contractor to perform its work other than as required under Exhibit A Paragraph 1.06.B.9; any type of property surveys or related engineering services needed for the transfer of interests in real property; providing construction and property surveys to replace reference points or property monuments lost or destroyed during construction; and providing other special field surveys. 30. Providing more extensive services required to enable Engineer to issue notices or certifications requested by Owner. 31. Extensive services required during any correction period, or with respect to monitoring Contract (except as agreed to under Basic Services). 32. Other additional services performed or furnished by Engineer not otherwise provided for in this Agreement. 33. Substantive design and other technical services in connection with Work Change Directives, Change Proposals, and Change Orders to reflect changes requested by Owner. 34. Services essential to the orderly progress of the Bidding and Construction Phases and not wholly quantifiable prior to those Phases or otherwise dependent on the actions of prospective individual bidders or contractors and including: a. making extensive revisions to Drawings and Specifications occasioned by the b. services after the award of the Construction Contract in evaluating and determining the acceptability of a proposed "or equal" or substitution which is found to be inappropriate for the Project; c. evaluation and determination of an excessive number of proposed "or equals" or substitutions, whether proposed before or after award of the Construction Contract; and d. providing to the Contractor or Owner additional or new information not previously prepared or developed by the Engineer for their use in applying for or obtaining required permits and licenses, in responding to agency comments on such applications, or in the administration of any such permits or licenses. 35. Additional or extended services arising from (a) the presence at the Site of any Constituent of Concern or items of historical or cultural significance, (b) emergencies or acts of God endangering the Work, (c) damage to the Work by fire or other causes during construction, (d) a significant amount of defective, neglected, or delayed Work, (e) acceleration of the progress schedule involving services beyond normal working hours, or (f) default by Contractor. Exhibit A EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 27 of 27 36. not planned or designed by Engineer or its Subconsultants, unless Owner furnished to Engineer substantive information about such other parts of the Project prior to the A, or otherwise in Exhibit A; if such substantive information has been so provided, 37. Implement the specific parts of an Underground Facilities Procedure that are assigned to Engineer, or above-ground utilities tasks that are assigned to Engineer as the Project progresses (but not including the design-related services already assigned to Engineer as a Basic Service). 38. Services (other than Basic Services during the Post-Construction Phase) in connection with any partial utilization of the Work by Owner prior to Substantial Completion. 39. Evaluating unreasonable or frivolous requests for interpretation or information (RFIs), Change Proposals, or other demands from Contractor or others in connection with the Work, or an excessive number of RFIs, Change Proposals, or demands. 40. Reviewing a Shop Drawing or other Contractor submittal more than three times, as a result of repeated inadequate submissions by Contractor. 41. While at the Site, compliance by Engineer and its staff with those terms of Owner's, subsequent to the Effective Date that exceed those normally required of engineering personnel by federal, State, or local safety authorities for similar construction sites. 42. To the extent the Project is subject to Laws and Regulations governing public or government records disclosure or non-disclosure, Engineer will comply with provisions applicable to Engineer, and Owner will compensate Engineer as Additional Services for Eng -disclosure obligations beyond those identified in the Basic Services. 43. after the effective date of the Agreement. Initials of both parties acknowledging the contents and requirements of Exhibit A _________ Owner ________ Engineer Exhibit B Deliverables Schedule. EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 EXHIBIT B DELIVERABLES SCHEDULE Paragraphs 2.04.E, 3.02.A, and Exhibit A of the Agreement are supplemented by the following paragraph. Engineer shall furnish Documents to Owner as required to meet an intended construction start date in March 2026 or sooner and facility opening date of July 1, 2027 or sooner. Engineer will evaluate and provide to Owner a tentative schedule of major review dates, including time for required legal postings, Cit pertinent dates. Engineer and Owner will work collectively to communicate necessary review time frames to meet the goals of: 1) project construction commencement in March 2026 or sooner, and 2) facility opening July 1, 2027 or sooner. Exhibit C Amendment to Owner-Engineer Agreement. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 EXHIBIT C AMENDMENT TO OWNER-ENGINEER AGREEMENT AMENDMENT TO OWNER-ENGINEER AGREEMENT Amendment No. [Enter Amendment Number] Owner: [Name of Owner] Engineer: [Name of Engineer] Project: [Name of Project] Effective Date of Owner-Engineer Agreement: [Effective Date of Agreement] Nature of Amendment: (Check those that apply) Additional Services to be performed by Engineer Modifications to services of Engineer Modifications to responsibilities of Owner Modifications of payment to Engineer Modifications to time(s) for rendering services Modifications to other terms and conditions of the Agreement Description of Modifications: [Here describe the modifications, in as much specificity and detail as needed. Use an attachment if necessary. Include cost breakdown and documentation, if applicable.] Agreement Summary: Original agreement amount: $ Net change for prior amendments: $ This amendment amount: $ Adjusted Agreement amount: $ Change in time for services (days or date, as applicable): Owner and Engineer hereby agree to modify the above-referenced Agreement as set forth in this Amendment. The Effective Date of the Amendment is [Enter Effective Date of Amendment]. Owner Engineer (typed or printed name of organization) (typed or printed name of organization) By: By: (Attach evidence of authority to sign.) (Attach evidence of authority to sign.) Date: Date: (date signed) (date signed) Name: Name: (typed or printed) (typed or printed) Title: Title: (typed or printed) (typed or printed) Exhibit D Duties, Responsibilities, and Limitations of Authority of Resident Project Representative. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 EXHIBIT D DUTIES, RESPONSIBILITIES, AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE Not used. Exhibit E Notice of Acceptability of Work. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 EXHIBIT E EJCDC® C-626, NOTICE OF ACCEPTABILITY OF WORK NOTICE OF ACCEPTABILITY OF WORK (EJCDC® C-626 2018) Owner: Engineer: Contractor: Project: Contract Name: Notice Date: Effective Date of the Construction Contract: The Engineer hereby gives notice to the Owner and Contractor that Engineer recommends final payment to Contractor, and that the Work furnished and performed by Contractor under the Construction Contract is acceptable, expressly subject to the provisions of the Construction Contract's Contract Documents ("Contract Documents") and of the Agreement between Owner and Engineer for Professional Services dated [date of professional services agreement] ("Owner Engineer Agreement"). This Notice of Acceptability of Work (Notice) is made expressly subject to the following terms and conditions to which all who receive and rely on said Notice agree: 1. This Notice has been prepared with the skill and care ordinarily used by members of the engineering profession practicing under similar conditions at the same time and in the same locality. 2. This Notice reflects and is an expression of the Engineer's professional opinion. 3. This Notice has been prepared to the best of Engineer's knowledge, information, and belief as of the Notice Date. 4. This Notice is based entirely on and expressly limited by the scope of services Engineer has been employed by Owner to perform or furnish during construction of the Project (including observation of the Contractor's Work) under the Owner Engineer Agreement, and applies only to facts that are within Engineer's knowledge or could reasonably have been ascertained by Engineer as a result of carrying out the responsibilities specifically assigned to Engineer under such Owner Engineer Agreement. 5. This Notice is not a guarantee or warranty of Contractor's performance under the Construction Contract, an acceptance of Work that is not in accordance with the Contract Documents, including but not limited to defective Work discovered after final inspection, nor an assumption of responsibility for any failure of Contractor to furnish and perform the Work thereunder in accordance with the Contract Documents, or to otherwise comply with the Contract Documents or the terms of any special guarantees specified therein. 6. This Notice does not relieve Contractor of any surviving obligations under the Construction Contract, and is subject to Owner's reservations of rights with respect to completion and final payment. Engineer By (signature): Name (printed): Title: Exhibit F Electronic Documents Protocol (EDP). Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 5 EXHIBIT F ELECTRONIC DOCUMENTS PROTOCOL (EDP) ARTICLE 1 ELECTRONIC DOCUMENTS PROTOCOL (EDP) Paragraph 6.03 of the Agreement is supplemented by the following Exhibit F Paragraph 1.01 and Exhibit F Attachment 1: Software Requirements for Electronic Document Exchange: 1.01 Electronic Documents Protocol A. Electronic Transmittals: The parties shall conform to the following provisions together referred to as the Electronic Documents Protocol ("EDP" or "Protocol") for exchange of electronic transmittals. 1. Basic Requirements a. To the fullest extent practical, the parties agree to and will transmit and accept Electronic Documents by Electronic Means using the procedures described in this Protocol. Use of the Electronic Documents and any information contained therein is subject to the requirements of this Protocol and other provisions of the Agreement. b. The contents of the information in any Electronic Document will be the responsibility of the transmitting party. c. Electronic Documents as exchanged by this Protocol may be used in the same manner as the printed versions of the same documents that are exchanged using non-electronic format and methods, subject to the same governing requirements, limitations, and restrictions, set forth in the Agreement. d. Except as otherwise explicitly stated herein, the terms of this Protocol will be incorporated into any other agreement or subcontract between the Owner and Engineer and any third party for any portion of the Project, or any Project-related services, where that third party is, either directly or indirectly, required to exchange Electronic Documents with Owner, Engineer, or any Contractor or other entity directly contracted with the Owner to furnish Program-related services. Nothing herein will modify the requirements of the Agreement and applicable Construction Contract Documents regarding communications between and among the individual third parties and their respective subcontractors and consultants, except to the extent that any respective subcontractor or consultant exchanges Electronic Documents with the Owner or Engineer. e. When transmitting Electronic Documents, the transmitting Party makes no representations as to long term compatibility, usability, or readability of the items resulting from the receiving Party's use of software application packages, operating systems, or computer hardware differing from those established in this Protocol. f. Nothing herein negates any obligation (1) in the Agreement to create, provide, or maintain an original printed record version of Drawings and Specifications, signed and sealed according to applicable Laws and Regulations; (2) to comply with any applicable Law or Regulation governing the signing and sealing of design documents or the signing and electronic transmission of any other documents; or Exhibit F Electronic Documents Protocol (EDP). Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 5 (3) to comply with any notice requirements limiting or otherwise modifying the acceptance of Electronic Documents for such notice. 2. System Infrastructure for Electronic Document Exchange a. Each party will provide hardware, operating system(s) software, internet, e-mail, and large file transfer functions ("System Infrastructure") at its own cost and sufficient for complying with the EDP requirements. With the exception of minimum standards set forth in this EDP and any explicit system requirements specified by attachment to this EDP, it will be the obligation of each party to determine, for itself, its own System Infrastructure. 1) The maximum size of an e-mail attachment for exchange of Electronic Documents under this EDP is 9.99 MB. Attachments larger than that may be exchanged using large file transfer functions or physical media. 2) Each Party assumes full and complete responsibility for any and all of its own costs, delays, deficiencies, and errors associated with converting, translating, updating, verifying, licensing, or otherwise enabling its System Infrastructure, including operating systems and software, for use with respect to this EDP. b. Each party is responsible for its own system operations, security, back-up, archiving, audits, printing resources, and other Information Technology ("IT") for maintaining operations of its System Infrastructure during the Project, including coordination with the party's individual(s) or entity responsible for managing its System Infrastructure and capable of addressing routine communications and other IT issues affecting the exchange of Electronic Documents. c. Each party will operate and maintain industry-standard, industry-accepted, ISO- standard, commercial-grade security software and systems that are intended to protect the other party from: software viruses and other malicious software like worms, trojans, adware; data breaches; loss of confidentiality; and other threats in the transmission to or storage of information from the other parties, including transmission of Electronic Documents by physical media such as CD/DVD/flash drive/hard drive. To the extent that a party maintains and operates such security software and systems, it will not be liable to the other party for any breach of system security. d. In the case of disputes, conflicts, or modifications to the EDP required to address issues affecting System Infrastructure, the parties will cooperatively resolve the issues; but, failing resolution, the Owner is authorized to make and require reasonable and necessary changes to the EDP to effectuate its original intent. If the changes cause additional cost or time to Engineer, not reasonably anticipated under the original EDP, Engineer shall be entitled to compensation as Additional Services for its costs associated with the revisions to the EDP, delayed adoption of Exhibit L or implementation of other Electronic Documents protocols. e. Each party is responsible for its own back-up and archive of documents sent and received during the term of any Project contract/agreement under this EDP, unless this EDP establishes a Project document archive, either as part of a mandatory Project website or other communications protocol, upon which the Parties may Exhibit F Electronic Documents Protocol (EDP). Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 5 rely for document archiving during the specified term of operation of such project document archive. Further, each party remains solely responsible for its own post- Project back-up and archive of project documents, as each party deems necessary for its own purposes, after the term of contract, or termination of the project document archive, if one is established. f. If a receiving party receives an obviously corrupted, damaged, or unreadable Electronic Document, the receiving party will advise the sending party of the incomplete transmission. g. The parties will bring any non-conforming Electronic Documents into compliance with the EDP. The parties will attempt to complete a successful transmission of the Electronic Document or use an alternative delivery method to complete the communication. B. Software Requirements for Electronic Document Exchange; Limitations 1. Each party will acquire the software and software licenses necessary to create and transmit Electronic Documents and to read and to use any Electronic Documents received from the other party (and if relevant from third parties), using the software formats required in this section of the EDP. a. Prior to using any updated version of the software required in this section for sending Electronic Documents to the other party, the originating party will first notify and receive concurrence from the other party for use of the updated version or adjust its transmission to comply with this EDP. 2. The parties agree not to intentionally edit, reverse engineer, decrypt, remove security or encryption features, or convert to another format for modification purposes any Electronic Document or information contained therein that was transmitted in a software data format, including Portable Document Format (PDF), intended by sender not to be modified, unless the receiving party obtains the permission of the sending party or is citing or quoting excerpts of the Electronic Document for Project purposes. 3. Software and data formats for exchange of Electronic Documents will conform to the requirements set forth in the following Attachment 1 to this EDP, including software version, if listed. C. Format and Distribution of Deliverables 1. By definition, "Documents" as used in this Agreement are documents expressly identified as deliverables from Engineer to Owner. Exhibit A of the Agreement identifies various Documents that Engineer is required to deliver to Owner as part of Engineer's services; Exhibit B is a schedule of such Documents. Engineer will transmit such Documents to Owner in the formats identified in Attachment 1 to this Protocol. If no specific format is identified for a deliverable Document, the format will be Portable Document Format (PDF). 2. If a Document will be distributed to third parties, such as prospective bidders and contractors, reviewing agencies, or lenders, the transmittal format for distribution will be as identified in Attachment 1 to this Protocol; provided, however, that if a format for distribution of a specific Document is expressly stated in Exhibit A, then the Exhibit A Exhibit F Electronic Documents Protocol (EDP). Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 5 format will take precedence. If no specific format is identified for distribution of a deliverable Document to third parties, the format will be Portable Document Format (PDF). a. If a format for Document distribution other than Portable Document Format (PDF) is specified, Owner shall first obtain a written, signed release from each third party to which the deliverable Document is distributed, establishing agreement to the following conditions: 1) The content included in the Electronic Documents prepared by or for Engineer and covered by the request was prepared as an internal working document for Engineer's purposes solely, and is being provided to the third party on an "AS IS" basis without any warranties of any kind, including, but not limited to any implied warranties of fitness for any purpose. As such, the third party is advised and acknowledges that the content may not be suitable for the third party's application, or may require substantial modification and independent verification by the third party. The content may include limited resolution of models; not-to-scale schematic representations and symbols; use of notes to convey design concepts in lieu of accurate graphics; approximations; graphical simplifications; undocumented intermediate revisions; and other devices that may affect subsequent reuse. 2) Electronic Documents containing text, graphics, metadata, or other types of data that are provided to the Requesting Party are only for the convenience of the third party. Any conclusion or information obtained or derived from such data will be at the third party's sole risk and the third party waives any and all claims against Engineer or Owner arising from the use of the Electronic Documents covered by the request, or of any data contained in such Electronic Documents. 3) The third party shall indemnify and hold harmless Owner, Engineer, and Engineer's Subcontractors and Subconsultants, from all claims, damages, losses, and expenses, including attorneys' fees and defense costs arising out of or resulting from the third party's use, adaptation, or distribution of any Electronic Documents provided under the request. 4) The third party agrees not to sell, copy, transfer, forward, give away or otherwise distribute this information (in source or modified file format) to any third party without the direct written authorization of Engineer, unless such distribution is specifically identified in the request and is limited to the third party's subcontractors and consultants. The third party warrants that subsequent use by the third party's subcontractors and subconsultants will comply with all terms of the Construction Contract Documents and any specific instructions or conditions established by Owner. b. If Engineer is required to assist or participate in obtaining such releases from third parties, such services will be categorized as Additional Services. D. Requests by Project-Related Parties for Electronic Documents in Other Formats Exhibit F Electronic Documents Protocol (EDP). Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 5 1. Owner may release (or direct Engineer to release) an Electronic Document version of a Document prepared by or for Engineer, including but not limited to a deliverable Document as set forth in Exhibit F Paragraph 1.01.C, in a format other than those identified in Exhibit F Paragraph 1.01.B or 1.01.C of the Electronic Documents Protocol, or elsewhere in the Agreement, only if (a) a Contractor or other Project-related party (Requesting Party) makes a good faith request for such release, (b) Owner determines in its sole discretion that such release is prudent and will be beneficial to the Project, and (c) Owner obtains Requesting Party's written consent to the four conditions set forth in Exhibit F Paragraph 1.01.C.2.a.1-4 above. 2. Any services by Engineer in connection with Owner or Engineer providing a Document to a Requesting Party under this Exhibit F Paragraph 1.01.D are Additional Services. Such services may include but are not limited to preparing the data in a manner deemed appropriate by Engineer. Owner may require reimbursement from the Requesting Party for the cost of such Additional Services, but compensation by Owner to Engineer for the Additional Services is not contingent upon Owner obtaining reimbursement from the Requesting Party. Exhibit F Attachment 1: Software Requirements for Electronic Document Exchange. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 EXHIBIT F ATTACHMENT 1: SOFTWARE REQUIREMENTS FOR ELECTRONIC DOCUMENT EXCHANGE Item Electronic Documents Transmittal Means Data Format Note (1) a.1 General communications, transmittal covers, meeting notices, and responses to general information requests for which there is no specific prescribed form. Email Email a.2 Construction Contract administrative forms. Email w/Attach PDF (2) a.3 requests, documentation accompanying Sample submittals and other respondence, and Applications for Payment Email w/Attach PDF a.4 Correspondence; Interim and Final Versions of reports, layouts, Specifications, Drawings, maps, calculations and spreadsheets, Construction Contract, Bidding Documents, and Front-End Construction Contract Documents. Email w/ Attach or LFE PDF (3) a.5 Layouts, plans, maps, and Drawings to be submitted to Owner by Engineer for future use and modification Email w/ Attach or LFE DWG a.6 Correspondence, reports, and specifications to be submitted by Engineer to Owner for future word processing use and modification Email w/ Attach or LFE DOC a.7 Spreadsheets and data to be submitted to Owner by Engineer for future data processing use and modification Email w/ Attach or LFE EXC a.8 Database files and data to be submitted to Owner for future data processing use and modification Email w/ Attach or LFE DB Notes (1) All exchanges and uses of transmitted data are subject to the appropriate provisions of the Agreement and Construction Contract. (2) Transmittal of written notices is governed by requirements of the Agreement and Construction Contract. (3) Transmittal of Bidding Documents and Front-End Construction Contract Documents will be in manner selected by Owner in Exhibit A, Paragraph 1.05.A.1.a. Unless otherwise expressly stated, these documents and the Construction Contract will be transmitted in PDF format, including transmittals to bidders and Contractor. Key EMAIL Standard Email formats (.htm, .rtf, or .txt). Do not use stationery formatting or other features that impair legibility of content on screen or in printed copies. LFE Agreed upon Large File Exchange method (FTP, CD, DVD, hard drive.) PDF Portable Document Format readable by Adobe® Acrobat Reader Version 25 or later. DWG Autodesk® AutoCAD. dwg format Version 2020 DOC Microsoft® Word. docx format compatible with Office 365 EXC Microsoft® Excel .xlsx or .xml DB Microsoft® Access .mdb Exhibit G Insurance. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 2 EXHIBIT G INSURANCE ARTICLE 1 INSURANCE Paragraph 6.04 of the Agreement, Insurance, is supplemented to include the following Exhibit G Paragraphs 1.01 and 1.02: 1.01 Insurance Policies and Limits A. In accordance with Paragraph 6.04.A of the Agreement, the insurance that Engineer must procure and maintain, and the policy limits of such insurance, are as follows: Coverage Policy limits of not less than: State Statutory Each accident $2,000,000 Each employee $2,000,000 Policy limit $2,000,000 Commercial General Liability General Aggregate $5,000,000 Personal and Advertising Injury $5,000,000 Bodily Injury and Property Damage Each Occurrence $5,000,000 Automobile Liability Combined Single Limit Combined Single Limit (Bodily Injury and Property Damage) $2,000,000 Excess or Umbrella Liability Each Occurrence $n/a General Aggregate $n/a Professional Liability Each Claim $2,000,000 Annual Aggregate $2,000,000 Unmanned Aerial Vehicle Liability Insurance Each Claim $1,000,000 (if applicable) General Aggregate $1,000,000 (if applicable) Other Insurance [Specify] Each Claim $ General Aggregate $ Exhibit G Insurance. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 2 1.02 Additional Insureds A. The Owner must be listed on Engineer's general liability policy as provided in Paragraph 6.04.B. B. For applicable Contractor's general liability policies of insurance, the additional insured endorsements will include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together). If Contractor demonstrates to Owner that the specified ISO endorsements are not commercially available, then Contractor may satisfy this requirement by providing equivalent endorsements. C. For applicable Contractor's general liability policies of insurance, Contractor shall provide ISO Endorsement CG 20 32 07 04, "Additional Insured Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent for Engineer, Subconsultants, and other design professional additional insureds. Exhibit H Dispute Resolution. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 EXHIBIT H DISPUTE RESOLUTION Not Used. Exhibit I Limitation of Liability. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 EXHIBIT I LIMITATIONS OF LIABILITY ARTICLE 1 LIMITATIONS OF LIABILITY Paragraph 6.10 of the Agreement is supplemented to include Exhibit I Paragraph(s): 1.01 1.01 Mutual Indemnification A. Indemnification by Owner: To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Subconsultants, and Engineer's Subcontractors, from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Owner or Owner's officers, directors, members, partners, agents, employees, or others retained by or under contract to the Owner with respect to this Agreement or to the Project. Exhibit J Payments to Engineer for Services and Reimbursable Expenses. Compensation Packet BC-1: Basic Services Time and Materials. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 2 EXHIBIT J PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES COMPENSATION PACKET BC-1: BASIC SERVICES NOT TO EXCEED ARTICLE 1 COMPENSATION PACKET BC-1: BASIC SERVICES TIME AND MATERIAL NOT TO EXCEED Article 2 of the Agreement is supplemented to include the following Exhibit J Paragraph 1.01: 1.01 Compensation for Basic Services Not to Exceed A. Owner shall pay Engineer for Basic Services set forth in Exhibit A (except for Resident Project Representative services, if any) as follows: 1. A Not to Exceed amount of $965,715 based on the following estimated distribution of compensation: Task Description Hours Labor Expenses Total Fee Task 100 Project Management 469 $ 100,500 $ 1,500 $ 102,000 Task 200 Project Kickoff Meeting & Revised Schematics 54 $ 10,700 $ 1,700 $ 12,400 Task 300 Schematic Review & Workshop 206 $ 39,200 $ 11,500 $ 50,700 Task 400 Design Development & Construction Documents 2,572 $ 433,600 $ 12,000 $ 445,500 Task 500 Bid Assistance 110 $ 22,800 $ 1,000 $ 23,800 Task 600 Construction Engineering Support 1,638 $ 321,765 $ 9,550 $ 331,315 Total Approved Budget 5,049 $ 928,565 $ 37,250 $965,715 2. Engineer may alter the distribution of compensation between individual phases noted herein to be consistent with services actually rendered, but compensation will not exceed the total amount unless approved in writing by the Owner. 3. The total fee includes compensation for Engineer's services and services of Engineer's Subcontractors and Subconsultants, if any. Appropriate amounts have been incorporated in the total to account for labor costs, overhead, profit, and expenses (other than any expressly allowed Reimbursable Expenses). 4. In addition to the labor rates, Engineer is also entitled to reimbursement from Owner for the following Reimbursable Expenses (see Appendix 1 for rates or charges): None. 5. The portion of the total amount billed for Engineer's services will be based upon Engineer's staff hours actually completed during the billing period. If any Reimbursable Expenses are expressly allowed, Engineer may also bill for any such Reimbursable Expenses incurred during the billing period. Exhibit J Payments to Engineer for Services and Reimbursable Expenses. Compensation Packet BC-1: Basic Services Time and Materials. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 2 B. Period of Service: The compensation amount stipulated in Compensation Packet BC-1 is conditioned on a period of service not exceeding 24 months. If such period of service is extended, the compensation amount for Engineer's services will be appropriately adjusted. C. Reimbursable Expenses: 1. Mileage: $0.70/Mile [IRS Standard rate] 2. Plan Set Copies: $3.42 per sheet black and white (full size), $3.54 per sheet color (full size). Estimate ~100-sheets per set. a. $0.57/sf black and white, 0.59/sf color 3. Meals: At cost 4. Lodging: At direct cost Exhibit J Payments to Engineer for Services and Reimbursable Expenses. Compensation Packet AS-1: Additional Services Standard Hourly Rates. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 2 EXHIBIT J PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES COMPENSATION PACKET AS-1: ADDITIONAL SERVICES STANDARD HOURLY RATES ARTICLE 2 COMPENSATION PACKET AS-1: ADDITIONAL SERVICES STANDARD HOURLY RATES Article 2 of the Agreement is supplemented to include the following Exhibit J Paragraph 3.01: 2.01 Compensation for Additional Services Standard Hourly Rates Method of Payment A. Owner shall pay Engineer for Additional Services, if any, as follows: 1. For services of Engineer's personnel engaged directly on the Project pursuant to Exhibit A Paragraph 2.01 or 2.02, except for services as a consultant or witness under Exhibit A Paragraph 2.02.A.28 (which if needed will be separately negotiated based on the nature of the required consultation or testimony), an amount equal to the cumulative hours charged by each class of Engineer's personnel providing such Additional Services times Standard Hourly Rates for each applicable billing class, plus Additional Services-related Reimbursable Expenses and Additional Services-related Engineer's Subcontractors' and Subconsultants' charges, if any. B. Compensation for Reimbursable Expenses 1. For those Reimbursable Expenses that are directly related to the provision of Additional Services, and are not already accounted for in the compensation for Basic Services or RPR-related services, Owner shall reimburse Engineer, using the rates set forth in Appendix 1 to this Exhibit J when applicable. 2. Such Reimbursable Expenses include, to the extent Additional Services-related, the expenses identified in Appendix 1 and the following categories: transportation (including mileage), lodging, and subsistence incidental thereto; providing and maintaining field office facilities including furnishings and utilities; toll telephone calls, mobile phone charges, and courier charges; reproduction of reports, Drawings, Specifications, bidding-related or other procurement documents, Construction Contract Documents, and similar items. In addition, if authorized in advance by Owner, Reimbursable Expenses will also include expenses incurred for the use of highly specialized equipment. 3. The amounts payable to Engineer for Reimbursable Expenses, if any, will be the Additional Services-related internal expenses actually incurred or allocated by Engineer, plus all invoiced external Reimbursable Expenses allocable to such Additional Services, the latter multiplied by a factor of 1.0. C. Other Provisions Concerning Payment for Additional Services 1. Whenever Engineer is entitled to compensation for the charges of Engineer's Subcontractors and Subconsultants, such compensation will be the amounts billed by Engineer's Subcontractors and Subconsultants to Engineer times a factor of 1.0. 2. Factors: The external Reimbursable Expenses and Engineer's Subcontractors' and Subconsultants' factors include Engineer's overhead and profit associated with Engineer's responsibility for the administration of such services and costs. Exhibit J Payments to Engineer for Services and Reimbursable Expenses. Compensation Packet AS-1: Additional Services Standard Hourly Rates. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 2 3. To the extent necessary to verify Engineer's charges and upon Owner's timely request, Engineer shall make copies of such records available to Owner at cost. Exhibit J Payments to Engineer for Services and Reimbursable Expenses. Appendix 1: Reimbursable Expenses Schedule. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 EXHIBIT J PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES APPENDIX 1: REIMBURSABLE EXPENSES SCHEDULE Reimbursable Expenses are subject to review and adjustment per Exhibit J. Rates and charges for Reimbursable Expenses as of the date of the Agreement are included in the materials cost and expenses shown in the fee table in Exhibit J, Article 1. Expenses will be billed at cost. Exhibit K Agreement Between Owner and Construction Manager as Advisor Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 2 EXHIBIT J PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES APPENDIX 2: STANDARD HOURLY RATES SCHEDULE B. Standard Hourly Rates 1. Standard Hourly Rates are set forth in this Appendix 2 to this Exhibit J and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non-project operating costs, and operating margin or profit. 2. The Standard Hourly Rates apply only as specified in Exhibit J. 3. Hourly rate table below may be adjusted in January of 2026 to accommodate rate adjustments. C. Schedule: Hourly rates for services performed on or after the date of the Agreement are: Exhibit K Agreement Between Owner and Construction Manager as Advisor Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 2 ITEM #:2 DATE:09-03-25 DEPT:POLICE SUBJECT:ANIMAL SHELTER FACILITY PROJECT - DESIGN CONTRACT COUNCIL ACTION FORM BACKGROUND: The City's Animal Shelter, located at 325 Billy Sunday Road, is in need of replacement. The existing facility is undersized and experiences challenges related to weatherization, mechanical equipment, and other aging systems. City staff has been working through the planning stages to develop a new animal shelter facility for the past several years. In November 2024, staff became aware that the property at 2715 Dayton Ave, which recently housed Eagle’s Loft daycare, was for sale. The City Council obtained an option to purchase the property following an assessment of the potential to renovate it into a new animal shelter. On December 26, 2024, the City Council approved an agreement not to exceed $66,360 with INVISION Architecture LTD (INVISION), Des Moines, Iowa, to analyze the existing conditions and needs and identify future requirements for a modern animal shelter facility. Following that evaluation, INVISION was to provide the City a conceptual design and a preliminary cost estimate that would be approved as a change order. After receiving the conceptual design report, on February 18, 2025, City Council approved the purchase of 2715 Dayton Avenue in the amount of $1.1 million. At that same meeting, staff notified City Council that an anonymous lead donation of $3 million had been obtained. Staff solicited a proposal from INVISION to proceed with the remaining design steps in the project. These include completion of schematic design, design development, and construction documents, bidding phase and construction administration. On July 22, 2025, staff discussed the agreement with City Council, and further negotiations with INVISION took place to arrive at an agreement. INVISION has submitted a revised fee of $557,000 for these services, including a not-to-exceed amount of $12,000 for hourly fees to design the FF&E. A change order to INVISION's initial contract has been prepared to incorporate this additional work. The proposed change order utilizes standardized design contract documents produced by the American Institute of Architects (AIA), with amendments negotiated between INVISION and City staff. The contract incorporates references to best practices outlined by the American Society of Veterinarians (ASV) Guidelines for Sheltering, and the need to meet the requirements for Animal Welfare of the Iowa Department of Agriculture and Land Stewardship (IDALS). In addition, the contract outlines the City's interest in reducing greenhouse gas emissions. The architect will evaluate and present options to incorporate geothermal heating and cooling, ensuring that the building is ready to install future solar panels, LED lighting, variable frequency drives for pumps, and a heat recovery system. Additionally, the building design contains elements to address acoustics (particularly important for the dog kennel area) and keyless entry systems compatible with the City's existing equipment. 1 Moving forward with this change order will allow for schematic drawings to be completed. These drawings will be a helpful visual aid for the fundraising campaign to utilize in soliciting donations for individual elements within the project. Proceeding with the change order will also allow the project to move towards bidding and construction this winter. The project budget contains a combination of City funds and donations for private individuals. The budget is shown in the following table: EXPENSES FUNDING SOURCES Previous Site Investigation $ 4,075 2715 Dayton Purchase Option 5,000 Land Acquisition 1,100,000 Conceptual Design 66,360 Change Order No. 1 for Detailed Design/Construction Specs (This Action) 557,000 Construction/Renovation (including FF&E/Permits)5,401,565 Contingency (10%)250,000 3rd Party Testing/Geotechnical 40,000 FY 2023/24 General Fund Savings $ 100,000 Council Priorities Capital Fund 2,855,000 Lead Donation 3,000,000 Donation Campaign 1,500,000 2 TOTALS $ 7,424,000 $ 7,455,000 ALTERNATIVES: 1. Approve Change Order No. 1 to INVISION Architecture, LLC, Des Moines, Iowa for Architectural and Engineering Services for the Ames Animal Shelter Facility Project in an amount not-to-exceed $557,000. 2. Do not approve Change Order No. 1 for the Ames Animal Shelter and direct staff to solicit proposals for the next phases of the Animal Shelter Relocation Project design process. 3. Refer this item back to staff for further information. CITY MANAGER'S RECOMMENDED ACTION: Architectural and Engineering Services are required to develop the Animal Shelter Relocation project, support fundraising, and prepare construction documents for bid. INVISION has successfully developed the conceptual design for the facility and understands the City's interests in the development of a completed project. The firm is reputable and has performed similar work for comparable communities in the past. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative No. 1 as described above. ATTACHMENT(S): Change Order #1 v1-INVISION-Fillable Form-Mayor_Signed.pdf 3 CHANGE ORDER NO. CONTRACT / BID NO: PURCHASE ORDER NO: DATE: ______________________ Pro ect: Contractor Name: Change Orders Approved to Date: Address: 1 2 City, State, & Zip Code: 3 4 5 6 7 8 9 10 The contract is modified as follows upon execution of this Change Order. The changes included in this change order are made in order to carry out the original intent of the contract. The changes included in this change order are to be accomplished in accordance with the terms, stipulations, and conditions of the original contract as though included herein. ACTION DESCRIPTION COST TOTAL AMOUNT - CHANGE ORDER # : Contract Price: Original contract price: Change orders approved to date: mount of this change order: djusted contract price including this change order: Recommended by: Accepted by City of Ames: Accepted for Contractor: ______________________ ________________, Director City of Ames _______________ ______________________ John A. Haila, Mayor City of Ames ______________________ Signature ______________________ Printed name & title ______________________ Date ______________________ Date ______________________ Date 4