City Council

Borough of Highspire Regular Meeting of the Highspire Borough Council February 18, 2025 (Please Note: Workship meetings may be used for official deliberations and decisions) "When stupidity is considered patriotism, it is unsafe to be intelligent.” ― Isaac Asimov, American writer, biochemist 1. Call to Order 2. Prayer/Pledge of Allegiance 3. Roll Call 4. Acceptance of Minutes – Regular Meeting held on January, 21, 2025 5. Financial Reports a. Treasurer’s Report for January, 2025 b. Monthly Financial Statements – January, 2025 1. General Fund 2. Sewer Administration Fund 3. Sewer O & M Fund 6. Mayor’s Report 7. Public Safety Director’s Report – January to February, 2025 8. Fire Department Reports a. Fire Chief Report – Monthly Report for January, 2025 b. Treasurer’s Report 9. South Central Emergency Medical Services Report for December, 2024 Page | 1 10. Citizens’ Comments (limit 3 minutes) 11. Committee Reports a. Public Facilities Committee b. Sanitation Committee c. Highspire Happenings d. Finance/Administration Committee e. Personnel Committee f. Community Development Committee g. Public Safety Committee h. Maintenance & Repair Committee 12. Staff Activity Reports a. Borough Manager’s Report - Mark Stonbraker b. Code Enforcement Report - Deanna Proctor c. Public Works Department Report - Randy Kreider d. Highspire Authority – Bob Sutch e. Grant Administrative Report & Fire Department Financial Report f. Sewer Billing Adjustments & Reconciliations for January, 2025 g. Safety Committee 13. Solicitor’s Report 14. Engineer’s Report 15. Old Business a. Page | 2 16. New Business a. Motion to (approve/reject/table) a Proclamation by the Mayor and Borough Council of Highspire honoring Mr. and Mrs. Cho for their thirty-years of operating and owning Chubb’s Market, 13 Roop Street, Highspire, and their continued service to the community of Highspire. b. Motion to direct staff to release the Febuary, 2025 contribution to the Citizens Fire Company #1 of Highspire as indicated in the 2025 General Fund Budget (411.500). Amount to be paid to the Company $3,500.00. c. Motion to (approve/reject/table) Highspire Borough Council Resolution #11-2025 appointing Cory D. Hackman to complete the term of office on the Highspire Borough Authority which was recently vacated. d. Motion to (approve/reject/table) the Professional Service Agreement with RETTEW Associates, Inc. for the Lumber Street Repair Project (Project No. 039352071). Total Proposal Fees - $92,300.00 which will be paid out of the DCIB-G PLGIT account. 17. Approval of Payroll and Bills 18. Adjournment "The less talent they have, the more pride, vanity and arrogance they have. All these fools, however, find other fools who applaud them.” ― Erasmus, 1509 Page | 3  Proclamation HONORING MR. & MRS CHO FOR THEIR THIRTY-YEARS OF OPERATING AND OWNING CHUBB’S MARKET LOCATED AT 13 ROOP STREET, HIGHSPIRE, AND THEIR CONTINUED SERVICE TO THE COMMUNITY OF HIGHSPIRE BY THE MAYOR AND BOROUGH COUNCIL OF THE BOROUGH OF HIGHSPIRE, WHEREAS, Mr. Jae Bong Cho and Mrs. Kum Nan Cho took over managing and operating Chubb’s Market, 13 Roop Street, in the Borough of Highspire on January 1st, 1995; and WHEREAS, Mr. & Mrs. Cho subsequently purchased the Chubb’s Market on March 3, 2010; and WHEREAS, they have continually operated the establishment as a family-owned business as it had been by the previous owner; and WHEREAS, the Borough recognizes and values the dedication and entrepreneurial spirit of Mr. & Mrs. Cho within our community; and WHEREAS, in that Mr. & Mrs. Cho have continually supported the community by donating their time and money to the Borough by means of donations to the Highspire Happenings and the Highspire Police Department as well as gloves and masks during the COVID-19 Pandemic. NOW, THEREFORE, be it resolved this 18th day of February 2025, that the Mayor and Borough Council of the Borough of Highspire, Dauphin County, Pennsylvania, wish to formally recognize Mr. and Mrs. Cho for their leadership, enthusiasm and hard work, which are a credit to themselves, their family and the community of Highspire. BOROUGH OF HIGHSPIRE _____ MAYOR ATTEST: ______________ ____________________________________ BOROUGH COUNCIL PRESIDENT BOROUGH SECRETARY  HIGHSPIRE BOROUGH COUNCIL RESOLUTION NO. 11 – 2025 A RESOLUTION OF THE BOROUGH COUNCIL OF HIGHSPIRE, DAUPHIN COUNTY, PENNSYLVANIA, APPOINTING CORY D. HACKMAN TO COMPLETE THE TERM OF OFFICE ON THE HIGHSPIRE BOROUGH AUTHORITY WHICH WAS RECENTLY VACATED. WHEREAS, it is with regret that the Borough of Highspire received the resignation of Robert J. Sutch from his position on the Highspire Borough Authority on December 31, 2024; and WHEREAS, the remainder of the five (5) year term of office that Mr. Sutch vacated is to end on December 31, 2026; and WHEREAS, the Borough Council of the Borough of Highspire is empowered to appoint members of the Highspire Borough Authority; and WHEREAS, Mr. Cory D. Hackman has expressed his desire to serve the Borough as a member of the Highspire Authority. WHEREAS, Mr. Hackman is a resident of 212 Frederick Street, in the Borough of Highspire, and is member of good standing within the community. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Highspire, that Mr. Cory Hackman.is hereby appointed to complete the remainder of the vacant term of office as a member of the Highspire Borough Authority, said term to be effective February 11, 2025 and to expire December 31, 2026. RESOLVED this 11th day of February, 2025, by the Borough Council of the Borough of Highspire, Dauphin County, Pennsylvania BOROUGH COUNCIL BOROUGH OF HIGHSPIRE ATTEST: ________________________________ Michael J. Anderson, Council President _______________________________ Mark L. Stonbraker, Borough Secretary  We answer to you. 5031 Richard Lane, Suite 111, Mechanicsburg, PA 17055 Phone: (800) 738-8395 E-mail: rettew@rettew.com ● Web site: rettew.com MEMORANDUM TO: Mark Stonbraker, Borough Manager FROM: Rob Lauriello COPY: Jeremy Smith DATE: February 13, 2025 PROJECT NAME: Lumber Street Roadway Improvements PROJECT NO.: 039352071 SUBJECT: Design, Permitting, and Construction Phase Services RETTEW has prepared this proposal for the Borough for the above-referenced project. When the Borough applied to the Dauphin County Infrastructure Bank (DCIB) and the Transportation Infrastructure Safety Improvement Program (TISIP) for funding, the Borough was informed that the County Engineer (HRG) would handle the engineering for both the DCIB and the TISIP as a single project. After a recent meeting with HRG to review progress on the TISIP design, the Borough was made aware that they are not required to use the County Engineer for the DCIB part of the project and that HRG had not been working on that aspect. As a result, RETTEW has been asked to provide the services needed to move the DCIB roadway improvements forward for Lumber Street. We look forward to our ongoing partnership and to continuing our tradition of delivering creative solutions, effective project management, and responsive services. Our understanding of your goals has enabled us to provide the scope of services outlined below. SCOPE OF SERVICES A. TOPOGRAPHIC SURVEY (PHASE 901) RETTEW will: 1. Coordinate survey information with HRG to ensure their design is incorporated into the roadway improvement plans, the vertical and horizontal datums are consistent, and there are no inconsistencies between the two projects. 2. Confirm the right-of-way width of Lumber Street, Market Street, Poplar Street and Rosedale Avenue with the Highspire Borough and verify with recorded subdivision plans within the project area. The project area is identified as a 50' wide corridor along Lumber Street from Market Street to the south side of the Pennsylvania Turnpike bridge (approximately 2500 linear feet). 3. Request copies of right-of-way plans for the Pennsylvania Turnpike. 4. Notify utilities through the PA 811 system. A Design Notification shall be submitted with request for a field mark-out of utilities. At the request of facility owners, RETTEW shall provide a plan or aerial of the project site for mark-up, facility locations, and types. a. We are assuming the Borough can provide the mark-out for on-site private utilities. While not included in this proposal, RETTEW can provide mark-out services if requested. 5. Perform a field run topographic survey of the project area. The survey shall extend approximately 25' from the centerline of Lumber Street onto adjacent properties, where permissible and Page 2 of 8 Highspire Borough February 13, 2025 RETTEW Project: 039352071 accessible. The topographic survey shall include locations and elevations of the following existing features: a. Buildings and first floor elevations b. Pavement edges, centerlines and pavement markings c. Driveways and parking spaces d. Curbing and sidewalks e. Fences and signs f. Landscaping and lighting g. Individual trees in open areas, edges of wooded and brush-covered areas h. Retaining walls and rock outcroppings i. Other visible, accessible and pertinent features. 6. Process field data and establish the legal right-of-way line of the public streets within the project area. 7. Prepare a survey base map in AutoCAD Civil3D at an appropriate scale and showing the following: a. Right-of-way lines of the Lumber Street b. Site benchmark(s), with vertical datum NAVD 88. (Coordinated with HRG) c. Contours with a one-foot interval and spot elevations, as deemed necessary d. Mapping features shown beyond the survey limits shall be based on available public GIS data or derived from available aerial mapping and/or record plans. e. Horizontal datum - Pennsylvania State Plane Coordinates, North Zone, NAD 83(2011). (Coordinated with HRG) f. Locations of above ground and/or underground utilities which are visible on the surface of the ground or are identifiable from utility markings and/or best available plan information. Locations of underground utilities are approximate for design purpose only. This proposal DOES NOT include subsurface investigation and/or confined space entries into manholes or storm structures. 8. Easements of record as discovered during the initial deed research. To assure that record easements, restrictions, covenants etc. are discovered, it is recommended that the client provide a complete title document search of the subject parcel. Deliverables: AutoCAD drawing and surface files. B. WETLAND DELINEATION AND PNDI (PHASE 401) RETTEW will: 1. Delineate wetland boundaries using the criteria in the U.S. Army Corps of Engineers (USACE) Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region (Version 2.0) and the Corps of Engineers Wetland Delineation Manual (Environmental Laboratory 1987). Complete a Wetland Determination Data Form for each Page 3 of 8 Highspire Borough February 13, 2025 RETTEW Project: 039352071 sampling point used to determine wetland boundaries. Additional sampling points will be collected to document upland habitat within the project area. 2. Delineate streams on the basis of bed and bank channel features, as defined by PA Code Title 25 Chapter 105 for watercourses, and in accordance with the ordinary high water mark for Section 404 permitting. Stream channel dimensions will be recorded for permitting purposes. 3. Take representative photographs of wetlands, streams, and dominant upland habitat types. 4. Record the location of delineation boundaries, sampling points, photo locations, and other relevant features using a Trimble Global Positioning System (GPS) receiver. The data will then be downloaded, processed, and added to base mapping. 5. Prepare a memorandum summarizing the conditions encountered on the site and the methodology used in determining the wetland and stream boundaries. The memorandum will include a description of aquatic resources and upland habitat in the project area, a justification of the findings, wetland data sheets, mapping, and representative photographs. The memorandum will be suitable for regulatory review and permit applications. 6. Conduct an online search of the Pennsylvania Natural Diversity Inventory (PNDI) database. This database contains information about previously recorded threatened, endangered, and special concern plant and animal species/habitats as well as unique geologic formations. If there are any previously recorded species/habitats in or near the project site, then additional clearance work and investigation may be necessary and can be completed under a contract addendum. Deliverable: Wetland Delineation Memorandum (PDF), PNDI Database Search Receipt (PDF) C. GENERAL PERMIT 11 (PHASE 440) The proposed project includes impacts to streams and/or wetlands and requires Pennsylvania water obstruction/encroachment permitting. Preliminary review indicates that the project is eligible to be registered under the General Permit No. 11 (GP-11): Maintenance, Testing, Repair, Rehabilitation, or Replacement of Water Obstructions and Encroachments. RETTEW will: 1. Confirm the project is eligible to be registered under a General Permit. If project is determined to be ineligible, Highspire Borough will be notified immediately. 2. Prepare a General Permit 11 registration package for submission to the PA DEP South Central region, including the General Permit Registration Form, location map, county and municipal notifications, project plans, site photographs, and other supporting documentation. 3. Coordinate with the PA DEP to resolve any permit comments or deficiencies within the allotted timeframe, typically 60 days from receipt of comment letter. Deliverable: General Permit Registration Package (PDF) D. ROADWAY DESIGN (PHASE 623) RETTEW will: 1. Use base mapping established from the survey information to prepare a preliminary design which will identify major factors of the design and the implications on the surrounding area. The Page 4 of 8 Highspire Borough February 13, 2025 RETTEW Project: 039352071 preliminary design will include limits of work, storm drainage improvements, impacts on underground and overhead utilities, and impacts on properties outside the public right-of-way. 2. Coordinate with HRG to obtain the design drawings for the TISIP improvements so they can be referenced into the preliminary design. 3. Meet with the Borough to review the preliminary design and discuss potential temporary and permanent easements. 4. Upon Borough’s acceptance of the preliminary design, prepare final construction plans and construction cost estimates. 5. Prepare easement exhibits for the Borough’s use in obtaining approvals from affected property owners. The exhibits will reference available County parcel data and will not be based on deed plots or boundary surveys. 6. Prepare Erosion and Sedimentation Control (ESC) plans and details and integrate the ESC plan into the final construction plans. 7. Coordinate the final design drawings for submittal to applicable agencies, as outlined in Phase 440. 8. Meet with the Borough to review the final design. Deliverable: Preliminary and Final Construction Plans; Easement Exhibits E. MAINTENANCE AND PROTECTION OF TRAFFIC (PHASE 650) RETTEW will: 1. Create a one-phase traffic control plan (TCP) for implementation during the Borough’s proposed construction of Lumber Street, which will be closed to through traffic. The TCP will be prepared in accordance with PennDOT Publication 213, Temporary Traffic Control Guidelines and the Manual of Uniform Traffic Control Devices (MUTCD) and include the following: a. General plan layout of construction area and sign layout along the detour route, which includes Market Street Ext, Rosedale Ave, Baker Ave, Donald Ave and Spring Garden Ave. b. Sequence of Construction c. Tabulation of Traffic Control Devices d. Special Sign Details (if necessary) e. Signature and seal of a Professional Engineer registered in Pennsylvania 2. Prepare a project description for the Borough to include in a mailer to residents before the project starts. 3. Develop special provisions for Maintenance and Protection of Traffic and for the contractor to video the road condition prior to the implementation of the detour. Deliverable: Traffic control plan; two special provisions; verbiage for mailer F. CONSTRUCTION PHASE SERVICES (PHASE 610) RETTEW will: 1. Prepare the Contract Documents. a. Prepare the advertisement for public bidding of the project. Page 5 of 8 Highspire Borough February 13, 2025 RETTEW Project: 039352071 b. Prepare bidding documents in accordance with Public Bidding Laws and the Dauphin County Infrastructure Bank guidelines, including insertion of Wage Rates, Contracts, Bid Forms, and Bond Forms (Bid, Payment, and Performance). c. Prepare all applicable technical specifications. 2. Upload and administer bidding via the PennBid online platform. 3. Assist the Borough in receipt and review of the Bids and awarding of the Contract. 4. Issue the Notice of Award, administer the signing of the Contract, receipt of bonds, certificates and other required documentation. 5. Coordinate a pre-construction meeting. Attendees at this meeting should include the Borough, RETTEW, general contractor, all sub-contractors, all affected utility companies, and possibly interested impacted residents. 6. Issue Notice to Proceed. 7. Provide an engineer on-call to review work progress, answer any questions during the construction, and provide as-needed consultation throughout the construction. 8. Observe the construction, resolve conflicts and verify quantities. This will serve to assure the client that work is progressing generally in accordance with the Contract Documents. The amount of time that the inspector will be on the project site will depend on the construction activities. Additional visits by the Engineer will be made when critical activities require it. Observation reports of the site visits will be sent to the client as well as other communications with the contractor to help in maintaining consistent communication on the project. 9. Provide construction administration, including review and recommendation of payment requests, change order reviews, and issuance of contractor directives. 10. Perform construction observation necessary to complete a Certificate of Substantial Completion. Prepare the Contract closeout documents for completion by the Borough and Contractor. Deliverable: Contract Documents (PDF and hard copy) ANTICIPATED PROJECT SCHEDULE RETTEW shall commence work within ten business days of receiving notice to proceed. The survey field work as outlined shall be completed within approximately ten business days after commencement. The final survey deliverable date is contingent upon favorable weather, unforeseen boundary line issues and timely receipt of information requested from utility and/or other companies. The wetland delineation, permit preparation, and roadway design phases will follow upon survey completion. The time frame for permit approval varies from DEP and we’ve seen it range from one month to five months for a GP-11. COMPENSATION RETTEW proposes to provide the aforementioned professional services on a Time and Expense basis in accordance with our standard hourly rates in effect at the time the services are being performed. RETTEW will bill you for the actual time, portal to portal, and expenses incurred in the performance of the Scope of Services outlined above. Although RETTEW may provide an estimate of fees and expenses for your guidance, the actual fees and expenses Page 6 of 8 Highspire Borough February 13, 2025 RETTEW Project: 039352071 that you will incur during the course of your project may vary from the estimate. Accordingly, any estimate given by RETTEW does not constitute a guarantee of the final amount of fees and expenses that you will incur. The estimated costs are provided below for your convenience. PROFESSIONAL FEES A. TOPOGRAPHIC SURVEY (PHASE 901) ............................................... $13,400.00 B. WETLAND DELINEATION AND PNDI (PHASE 401) ................................... $5,100.00 C. GENERAL PERMIT 11 (PHASE 440) .......................................................... $6,200.00 D. ROADWAY DESIGN (PHASE 623) ........................................................... $30,800.00 E. MAINTENANCE AND PROTECTION OF TRAFFIC (PHASE 650)................ $11,800.00 F. CONSTRUCTION PHASE SERVICES (PHASE 610) .................................... $23,800.00 EXPENSES Expenses such as reprographic services, equipment fees, mileage, and overnight travel that are directly incidental to our professional services shall be invoiced to you at our standard rates; expenses from our vendors shall be invoiced at 1.15 times our cost. Expense costs will be in addition to the Professional Fees stated above. Estimated expenses for the above services associated with the project: ........... $1,200.00 TOTAL PROPOSED FEES ................................................................... $92,300.00 MEETINGS All review agency meetings, or meetings not listed in the Scope of Services, shall be attended as requested on a time and expense basis per the hourly rate of the individual effective at the time of the meeting. These costs will be invoiced in addition to the Proposed Fees stated above. ASSUMPTIONS The following is a list of assumptions that apply to this proposal: 1. This proposal does not include additional surveys which may be required for a detailed flood study or Highway Occupancy Permits (HOPs). 2. It is assumed that RETTEW will be given permission to access adjacent properties by property owners for purposes of performing the field surveys. Notice of Intent to Enter (NOIE) letters are not included in this scope of services. 3. No entry will be made onto Pennsylvania Turnpike right-of-way. 4. All meetings not listed in the scope of services above shall be attended, as requested, and billed on a time and expense basis. 5. Survey base mapping will be prepared using RETTEW CAD standards unless otherwise specified by the Client, prior to work commencing. 6. This proposal does not include any on-site safety training or orientation that may be required. 7. Assume the client will coordinate landowner permission to access all portions of the Project area for the wetland and stream delineation. 8. Chapter 105 Permit review fees are not anticipated and are not included with this proposal. Any permit fees would be the responsibility of Highspire Borough. Page 7 of 8 Highspire Borough February 13, 2025 RETTEW Project: 039352071 9. Assume a General Permit 11 is applicable given current regulations and project design. If changes occur to the project design or PA DEP determines this general permit is not applicable, then other permitting requirements (such as a joint permit) may be deemed necessary and appropriate. This scope of work and related fee only pertain to a General Permit 11. 10. Preparation and submittal of an erosion and sediment control plan to the county conservation district is not included within the scope. 11. Agency correspondence or fieldwork associated with threatened and endangered species coordination beyond the initial project review is not included within the scope of this proposal. 12. The County Engineer (HRG) will be responsible for any work related to the TISIP funded part of the project including but not limited to plans, easements, contract documents, bidding, and construction. ADDITIONAL SERVICES Services not included in the scope and fee described herein may be provided by RETTEW upon your request. We will perform these services as an addendum to the Professional Services Agreement or mutually acceptable substitute agreement, should they prove to be necessary. Proper written authorization must be given prior to initiating any additional services. The following additional services are not included in this proposal but can be provided for an additional fee: 1. Deed plots. 2. Boundary survey. 3. Preparation of legal descriptions. 4. Construction stakeout services. 5. RETTEW Field Services, Inc. (RFS), can identify and locate subsurface utilities and structures for incorporation into the survey plan deliverable. This includes existing public utilities, private utilities, abandoned utilities, and underground structures such as underground storage tanks (USTs), vaults, septic tanks, etc. 6. Subsurface utility engineering. 7. Any services not specifically described within the Scope of Services and Fees stated herein. BILLING SCHEDULE RETTEW will invoice you at the end of each monthly billing period for services performed to date. Invoices are payable per the terms of the enclosed Professional Services Agreement. PAYMENT SCHEDULE Payment is due upon presentation of invoice and is past due 30 calendar days from the invoice date. Unpaid invoices in excess of 30 calendar days will be cause to discontinue services until all outstanding invoices are paid. Work stoppages will impact the project schedule and may result in missed deadlines and/or increased project fees including remobilization. The Borough agrees to reimburse RETTEW for any special business or personal taxes imposed at the local, county or state level as a result of providing professional services by RETTEW to the Borough under this agreement. Page 8 of 8 Highspire Borough February 13, 2025 RETTEW Project: 039352071 PROPOSAL ACCEPTANCE If this proposal is satisfactory and acceptable, and fully sets forth all the items of our understanding, please signify your acceptance by signing the enclosed Professional Services Agreement and returning it to our office. We will forward a fully executed copy to you. This document will then constitute our completed agreement. If we are given verbal or written authorization to proceed with any portion of this work prior to receiving an executed agreement, or if we receive payment from you toward this project, the terms and conditions of the attached Professional Services Agreement will be considered to be in full force, as if it had been executed, until such time as another agreement is executed by both parties. If you have any questions regarding this proposal or wish to discuss any item(s) contained herein, please contact me. We will work to give you the quality service you’ve come to expect as a valued client of RETTEW.  We answer to you. Corporate Headquarters: 3020 Columbia Avenue · Lancaster, PA 17603 · Phone (717) 394-3721·Fax (717) 798-9879 E-mail: rettew@rettew.com • Web site: rettew.com PROFESSIONAL SERVICES AGREEMENT Project No. 039352071 THIS AGREEMENT entered into on this 13th day of February , 2025 by and between Highspire Borough located at 640 Eshelman Street, Highspire, PA 17034 hereinafter called “CLIENT” and RETTEW Associates, Inc., hereinafter called “RETTEW” is as follows: THE AGREEMENT IS ENTERED INTO WITH RESPECT TO THE FOLLOWING PROJECT: Lumber Street Roadway Improvements located at: Highspire Borough, Dauphin County, Pennsylvania hereinafter called the PROJECT. THE CLIENT AND RETTEW AGREE AS FOLLOWS: A. Scope of Services to be Provided by RETTEW: As outlined in proposal of February 13, 2025. B. Total Fee to be Paid to RETTEW: As outlined in proposal of February 13, 2025. C. Schedule for the Services of RETTEW: As outlined in the proposal of February 13, 2025 and upon receipt of th signed Professional Services Agreement. D. This PROFESSIONAL SERVICES AGREEMENT shall include the PROFESSIONAL SERVICES AGREEMENT TERMS AND CONDITIONS as attached hereto. ACCEPTANCE AND EXECUTION OF THIS AGREEMENT: BY: BY: (Client Signature) (RETTEW Signature) Rob Lauriello (Printed Name) (Printed Name) TITLE: TITLE: Chief Operating Officer DATE: DATE: 039352071 PROFESSIONAL SERVICES AGREEMENT TERMS AND CONDITIONS 1. Scope of Services. RETTEW Associates, Inc. (“RETTEW”) agrees to provide c. Neither party Group shall be liable to the other for punitive, exemplary, professional services set forth in the Scope of Services to the Client (the “Services”) special, indirect, incidental or consequential damages (including, but not limited to, pursuant to these Terms and Conditions (the “Terms”). These Terms, together with the lost profits, lost revenues, lost business opportunities, loss of use, fines, penalties, and Professional Services Agreement and its attachments, constitutes the entire agreement loss of or corruption to data) arising from or related to this Agreement, regardless of between the parties concerning the Services. Unless specifically included in the Scope the theory liability, and even if they have been advised of the possibility of such of Services, RETTEW shall not provide any construction phase services including, but damages or loss. not limited to, construction observation of any other contractor’s work. RETTEW shall d. RETTEW hereby advises Client that it is willing to negotiate higher not control, or be responsible for, the construction means, methods, techniques, limitations of liability than those set forth herein, subject to increased compensation. sequences or procedures of any contractor and shall not be responsible for site safety. Client has chosen to enter into this Agreement subject to the above limitations of RETTEW shall not be responsible for procuring permits, certificates, and licenses liability after consideration of the totality of the proposal presented by RETTEW. required for any construction unless such procurement responsibilities or other 6. Relationship with Other Consultants and Contractors. RETTEW is not responsibilities are specifically assigned to RETTEW in the Scope of Services. responsible for any errors or omissions by other and prior engineers, consultants, 2. Invoices. Client represents and warrants that it possesses the financial resources contractors or their respective subcontractors (collectively, “Contractors”), including, to fulfill its payment obligations hereunder and that such resources do not rely but not limited to, such Contractors’ failure to adhere to Deliverables, regardless of significantly on contingent, third-party monies. Client agrees to maintain such whether or not RETTEW is observing their work. RETTEW owes no duty to Client or resources during the term hereof and that the failure to maintain such resources shall any Contractor to discover their errors, omissions or other defects in its work or in the constitute a material breach hereof. Unless otherwise agreed, Client will be invoiced work of its subcontractors. Client will use reasonable efforts to include the following every 4 weeks for services performed to date and a final invoice will be timely provided language in its agreements with other Contractors on the Project: “To the fullest extent upon completion of the Services. Payment is due on receipt and is past due 30 days permitted by law, contractor or consultant expressly waives any claims or causes of from invoice date. Interest will be added after 30 days at the rate of 1.5% per month or action against the project engineer for damages sustained in connection with the partial month overdue. Any right to withhold payment based on errors or discrepancies project, under any theory of liability, except to the extent that the damages resulted in the invoice is waived if not identified in writing to RETTEW within 10 days of the from personal injury or property damage. The project engineer is an intended third- date of invoice. Client will reimburse RETTEW’s reasonable attorneys’ fees and party beneficiary of this provision.” litigation costs incurred in pursuing collection of any amount due from Client, in 7. Termination. In addition to any other termination rights set forth herein, this addition to amounts otherwise due hereunder. Timely payment to RETTEW is a Agreement may be terminated by either party upon 7 days written notice if the other material consideration of this Agreement. RETTEW may suspend or terminate its party fails materially to perform in accordance with its terms. If the Project is work upon written notice if any Client invoice is not timely paid. Client agrees to permanently abandoned, this Agreement may be terminated by Client upon at least 7 defend, indemnify and hold RETTEW harmless from any damages that may arise due days written notice to RETTEW. In the event of termination of the Project, Client will to such suspension or termination. compensate RETTEW for Services performed or provided up to its receipt of the 3. Standard of Care. RETTEW shall perform the Services in a manner consistent written notice of termination, for all reimbursable expenses incurred by RETTEW in with that degree of care and skill ordinarily exercised by members of the same furtherance of the Services (whether or not incorporated into the Services prior to profession currently practicing under similar circumstances at the same time and in the termination), and reasonable fees and expenses directly associated with the closing the same or similar locality. This standard of care shall exclusively be judged as of the matter, the latter as approved by Client in advance. Timely payment to RETTEW is a time the services are rendered and not according to later standards. RETTEW MAKES material consideration of this Agreement. Client's failure to make payments in NO EXPRESS WARRANTIES, AND EXPRESSLY DISCLAIMS ANY AND ALL accordance with this Agreement shall constitute substantial non-performance and a WARRANTIES IMPLIED BY LAW AS THEY MAY APPLY TO THIS cause for termination by RETTEW. AGREEMENT, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS 8. Insurance. During the term of the Agreement, RETTEW will maintain Workers’ FOR A PARTICULAR PURPOSE. Client agrees that neither RETTEW nor any of its Compensation insurance, General Liability insurance, Automobile insurance, and subconsultants owes any fiduciary duty to Client or agency relationship between Client Professional Liability insurance in commercially reasonable amounts. Client will and RETTEW and that, in any event, RETTEW’s course of conduct during the maintain, or require its other contractors or consultants on the Project to maintain, such performance of the Services shall not create a fiduciary duty or agency relationship. policies (if applicable) in commercially reasonable amounts. Except to the extent that 4. Indemnification. To the fullest extent permitted by law, Client agrees to such waiver would invalidate the applicable insurance coverage, the parties waive all indemnify, defend and hold the RETTEW Group harmless from and against any and rights against each other and against the contractors, consultants, agents and employees all manner of demands, claims, liabilities, costs and expenses (including, without of the other for damages to the extent covered by property insurance, except such rights limitation, reasonable attorneys’ and experts’ fees and other reasonable defense costs) as they may have to the proceeds of such insurance. Client and RETTEW shall require (a) arising out of any negligent act or omission, or any breach of this Agreement, by similar waivers from their contractors, consultants and agents. Client or any individual or entity for whose acts Client is responsible; (b) arising out 9. Opinions of Probable Construction Cost. RETTEW’s opinions of probable of the use of or reliance on the drawings, sketches, specifications and other documents construction cost and other cost opinions or estimates are to be made on the basis of in any form provided to or for Client by RETTEW under this Agreement RETTEW’s experience and qualifications as an engineer and represent RETTEW’s (“Deliverables”) by any third-party; and/or (c) RETTEW’s use or reliance on best judgment as an experienced and qualified design professional generally familiar drawings, sketches, specifications and information provided to RETTEW by Client or with the industry. However, because RETTEW has no control over the cost of labor, its Contractors (defined below). To the fullest extent permitted by law, RETTEW materials, equipment, or services furnished by others, or over the contractor’s methods agrees to indemnify, defend and hold the Client Group harmless from and against any of determining prices, or over competitive bidding or market conditions, RETTEW and all manner of demands, claims, liabilities, costs and expenses (including, without cannot and does not guarantee that proposals, bids, or actual construction cost will not limitation, reasonable attorneys’ and experts’ fees and other reasonable defense costs) vary from opinions of probable construction cost prepared by RETTEW or other cost arising out of any negligent act or omission, or any breach of this Agreement, by opinions or estimates. If Client wishes greater assurance as to probable construction RETTEW or any individual or entity for whose acts RETTEW is responsible. With costs, Client shall employ an independent cost estimator. regard to any claims arising out of professional services, any defense obligation assumed by RETTEW shall be interpreted as an obligation to reimburse reasonable 10. Disputes. If a dispute arises from or relates to this Agreement or the breach defense costs, including but not limited to reasonable attorney's and expert’s fees. As thereof, that cannot be settled through direct discussions, the parties agree to endeavor used in Paragraphs 4 and 5, a “Group” includes the identified party, its parents, first to settle the dispute by non-binding mediation administered by the American subsidiaries and affiliates, their agents, successors and assigns, or any of their Arbitration Association under its Construction Industry Mediation Procedures before shareholders, directors, partners, members, officers or employees. resorting to litigation. The parties further agree that they may initiate litigation regarding any dispute arising out of or relating to this Agreement, or breach thereof, if 5. Limitations of Liability. mediation does not result in a resolution within 90 days of initiation. Litigation a. RETTEW Group’s aggregate liability for damages arising from or related to between the parties regarding this Agreement shall be brought in a court of competent this Agreement, under any theory of liability, shall not exceed the fees paid by Client jurisdiction located in the state where the work hereunder is performed. In the event of for performance of the Services. RETTEW shall only be liable for such damages to the litigation, the prevailing party shall be entitled to collect its reasonable attorneys’ fees, extent caused by its negligence or breach of this Agreement. experts’ fees and costs related to the litigation from the other party. This Agreement b. If RETTEW fails to include any required item or component of the Project shall be governed by and construed under the law of the state where the work hereunder from Deliverables, RETTEW shall correct such failure on Deliverables without charge is performed, without regard to its principles of conflicts of laws. The parties waive to Client and reasonable additional construction costs incurred by the Client due to the their right, if any, to a jury trial. omission, but shall not be responsible for the cost of the item or component itself, or the cost of installation thereof. Rev. 09/12/2024 11. Client Responsibilities. Client will provide access to the site as necessary for 17. Miscellaneous. There are no third-party beneficiaries of this Agreement. There RETTEW’s performance of the Services. Client will provide, in a timely fashion, are no understandings or agreements concerning this Project except as expressly stated complete physical information about the site that may be necessary or desirable for herein. These Terms cannot be modified, altered, abridged, rescinded or supplemented RETTEW to perform the Services. Client will timely review proposals, schedules, by any unilateral statement or writing of either party. These Terms control over any plans, and specifications prepared by RETTEW, and cooperate with RETTEW so that subsequent writings, unless specifically and explicitly agreed to by both parties, in RETTEW may complete the Services in a timely fashion. Failure to provide such writing. If the Client directs RETTEW to initiate Services before execution of an timely review may adversely impact scope, schedule and budget related to the agreement, these Terms will govern the engagement, unless subsequently agreed by Services. Client will provide RETTEW with current and complete documents and the parties in writing. Neither party may assign this Agreement without the other information possessed by Client and its Contractors related to the site, the Project and party’s written consent, which shall not be unreasonably withheld. If any provision the Services. RETTEW shall be entitled to rely on information and recommendations hereof is deemed invalid or unenforceable, the other provisions shall remain in full provided by Client and its Contractors without independent evaluation or verification. force and effect, and binding upon the parties hereto. RETTEW may withdraw or 12. Notice of Defects. Client shall promptly report to RETTEW any defects or revise the proposal if the Agreement is not executed by Client within 60 days of receipt. suspected defects in the Services, so that RETTEW may take measures to minimize 18. CONSTRUCTION SERVICES (If included in Scope of Services) the consequences of such defect. Client will use reasonable efforts to include a similar 18.1 RETTEW offers construction observation and construction administration contractual requirement on its Contractors. Failure by Client, and/or Client’s services, but does not offer construction management or construction inspection Contractors, to so notify RETTEW shall relieve RETTEW of the costs of remedying services. RETTEW shall become generally familiar with the progress and quality of the defects to the extent of the additional costs resulting from the failure of prompt the work within the Scope of Services to determine, in general, if such work is notification. performed in accordance with the construction documents. RETTEW shall not be 13. Underground Utilities. Client will identify to RETTEW, in writing, the required to make exhaustive or continuous on-site visits to observe such work. locations of known or suspected underground utilities or other underground structures RETTEW’s services do not include supervision or direction of the work of the or features at and near the project site that could affect the services to be provided contractor, its employees, agents or subcontractors. Client agrees to notify the (collectively, “Underground Utilities”) and will provide all drawings in its possession contractor accordingly. The contractor shall also be informed by Client that neither or control that identify Underground Utilities. RETTEW will be responsible for the RETTEW’s presence nor the observation by RETTEW shall excuse the contractor for proper siting of underground utilities when provided with proper and accurate defects or omissions in its work. information regarding their location. Client agrees to defend, indemnify and hold 18.2 RETTEW shall not be responsible for any contractor's schedules or failure to RETTEW harmless from all penalties, claims and damages it sustains in connection carry out the work in accordance with the construction documents. RETTEW shall not with: (a) Underground Utilities that are not identified to RETTEW as required, not have control over or charge of acts or omissions of any contractor, subcontractor, or properly identified, or not properly located by municipalities, authorities, or utilities their agents or employees, or of any other persons performing portions of the after proper notice (i.e., after calling the applicable state utility locating hotline, if one construction work. exists), and (b) construction schedules or practices out of RETTEW’s control or 18.3 Client agrees that its contractor will be solely and completely responsible for knowledge that violate state utility locating notice requirements or invalidate otherwise working conditions on the job site, including safety of all persons and property during proper utility notification made by RETTEW. the performances of the work, and that these requirements will apply continuously and 14. Fees. not be limited to normal working hours. Any observation of the contractor’s a. Unless expressly stated otherwise in the Scope of Services, the “Total Fee” performance conducted by RETTEW’s personnel will not include review of the above is RETTEW’s best estimate of the cost of Services required to complete the adequacy of the contractor safety measures in, on or near the construction site. Project as RETTEW understands it to be defined and is not a cost-not-to-exceed limit RETTEW is not responsible for any contractor’s failure to observe or comply with the on RETTEW’s compensation. For fixed fee projects, payment shall be made based on Occupational Health and Safety Act of 1970, and regulations or standards promulgated the percent of work completed for each phase of work, unless otherwise agreed. For thereunder, or any state, county, or municipal law or regulation of similar import or time and expense (cost plus) projects, billings are based on the hours worked, including intent. travel time portal-to-portal, and reimbursable expenses. Overtime for non-exempt 18.4 If expressly required under the Scope of Services to do so, RETTEW shall review employees will be billed at 1.5 times the hourly rate. contractors' submittals within 10 business days of their submission, but only for the b. Client is responsible for RETTEW’s out-of-pocket expenses incurred in limited purpose of checking for conformance with information given and the design performing the Services, including, but not limited to, travel expenses, outside concept expressed in the construction documents. Review of such submittals is not consultants, approval and permit fees, and any supplemental insurance requested. conducted for the purpose of determining the accuracy and completeness of other Reimbursable expenses will be billed at RETTEW’s actual cost, plus 15%, except sales details such as dimensions and quantities or for substantiating instructions for tax will be reimbursed at cost and mileage will be reimbursed at the applicable federal installation or performance of equipment or systems designed by any contractor, all of rate. Hotels and meals will be billed as a per diem expense. which remain the responsibility of the contractor. RETTEW's review shall not 15. Additional Work. constitute approval of safety precautions or of construction means, methods, a. RETTEW shall be entitled to an equitable increase in compensation if it is techniques, sequences or procedures and RETTEW does not check or review the required to perform additional work due to changes in Client decisions or Client’s methods by which the contractor intends to execute the design. A recommendation for failure to make decisions in a timely fashion. Services or tasks beyond those set forth payment shall not be construed as permitting any departure from the contract between in the Scope of Services (including but not limited to, revisions due to adjustments in Client and the contractor or the construction documents, and the contractor shall the project scope, quality, or budget) are considered “Additional Services” and will be remain responsible for any error in details, dimensions or otherwise that may exist. billed at RETTEW’s standard hourly rates, unless the parties agree otherwise in a RETTEW’s review and acceptance of shop drawings or submittals does not constitute change order or amendment to this Agreement. approval or acceptance of design changes contained therein unless the contractor has b. If Additional Services are requested, RETTEW will provide Client with a change specifically informed RETTEW in writing of such deviation at the time of the order or amendment to this Agreement to memorialize the parties’ obligations submittal and (1) RETTEW and Owner have given written approval to the specific regarding the Additional Services. RETTEW reserves the right to refuse to perform deviation as a prior change in the work, or (2) a change order has been issued Additional Services until it receives written approval of the change order or authorizing the deviation. When professional certification of performance amendment from the Client. If RETTEW does not receive such written approval in a characteristics of materials, systems or equipment is required by the construction timely manner, the project schedule could be impacted. documents, RETTEW shall be entitled to rely upon such certification to establish that 16. Work Product and Intellectual Property. Conditioned on full payment of the materials, systems or equipment will meet the performance criteria required by the amounts owed to RETTEW, RETTEW grants Client physical ownership of construction documents. Deliverables, and a royalty-free, nontransferable license to use Deliverables solely for 18.5 If the Scope of Services includes RETTEW’s review of contractors’ requests for the Project. RETTEW retains all other intellectual property rights in Deliverables and payment, then, unless otherwise agreed in writing, RETTEW shall, within 10 business the intellectual property rights in any other document reduced to tangible form by days from the date of receipt by RETTEW, review and evaluate such requests for RETTEW in furtherance of this Agreement. Deliverables may not be used on any other payment based upon RETTEW’s observations and give Client its recommendations projects or by a third-party to complete the Project without RETTEW’s consent. Use regarding such request. RETTEW’s recommendations shall constitute a statement to of Deliverables (or the data contained therein) in a manner that is contrary to this Client as of the date of the request, that: (a) the work has progressed as indicated; and paragraph, or any alteration or modification of Deliverables (or the data contained (b) that to the best of RETTEW’s knowledge, information and belief, the work is therein), is at Client’s sole risk. Client agrees to defend, indemnify and hold RETTEW consistent with the construction documents prepared by RETTEW and there are no harmless from any liability for damages arising from such use, alteration or known defects or deficiencies in the work for which Client should withhold payment modification. Payment of all sums due in accordance with the terms of this Agreement under applicable law. The foregoing statements shall be interim only, shall be subject is a condition precedent to Client’s ownership or use of Deliverables. Client shall to an evaluation of the completed work compared to the construction documents, if consult with RETTEW before interpreting or clarifying Deliverables. requested by Client, and do not guarantee against minor deviations from the construction documents as of the date of the review. Rev. 09/12/2024