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HomeMy WebLinkAboutVJ Engineering-9/8/2015AGREEMENT FOR ENGINEERING SERVICES This Contract made and entered between the City of Waterloo, Iowa, party of the first part, and hereinafter referred to as the "City" and VJ Engineering, Cedar Falls, Iowa, party of the second part, doing business as a corporation under the laws of Iowa and hereinafter referred to as the "Consultant": WITNESSETH WHEREAS, the City has decided to develop F.Y. 2015 Fitzway Drive and Galactic Drive Extensions, City of Waterloo, Black Hawk County, Iowa, City Contract No. 896 and I.D.O.T. RISE No. RM -8155(747)--9D-07; and WHEREAS, it has been agreed that the City shall proceed with the access development: WHEREAS, the said City desires to employ VJ Engineering, of Cedar Falls, Iowa, to provide engineering and land surveying services in connection with the planning, design and preparation of cost estimates, construction plans and construction engineering services. WHEREAS, the Consultant is willing to perform such work in accordance with the terms hereinafter provided and does represent that it is in compliance with Iowa Statutes relating to the registration of Professional Engineers and Land Surveyors: NOW THEREFORE: The parties hereto, for consideration hereinafter set forth, mutually agree as follows: DEFINITIONS Wherever in this Contract the following terms, or pronouns used in their stead occur, they shall have the meaning here given: "City" shall mean the City of Waterloo, Iowa, or its authorized representative, acting as liaison officer for the City for the purpose of coordinating and administering the work under the Contract. "Consultant" shall mean the firm of VJ Engineering, Cedar Falls, Iowa. 1 II. GENERAL A. The City will coordinate all communications and information and participate in conferences as may be required. B. The work under this Contract shall at all times be subject to the general supervision, direction and approval of the City. C. OBLIGATIONS OF THE CITY TO THE CONSULTANT — Provide all existing information applicable to the Consultant without cost. D. Compliance with all of the foregoing shall be considered to be within the purview of this Contract and shall not constitute a basis for additional or extra compensation. III. SCOPE OF SERVICES A. BASIC SERVICES General Description. This project consists of design of proposed Fitzway Drive and Galactic Drive Extensions, preliminary cost estimate, construction plans and construction engineering. The work to be performed by the Consultant under this Contract shall encompass and include all detail work, services, materials, equipment and supplies necessary for the Consultant to perform the following tasks: Construction Plans — Preliminary Design Task 1. Project Meetings. This task consists of preparation for and attendance at meetings throughout the preliminary design phase with the City's project team. Task 2. Field Survey. This task consists of all field surveys required to obtain the necessary topographic data, ground elevations and cross sections required for the preliminary and final design. Establishment of ties for critical survey points will be included in this item. Task 3. R -O -W Acquisition. This task consists of preparation of Plat of Survey and Description for right-of-way acquisition, or platting for R -O -W. Task 4. Plotting Survey Data. This task consists of the plotting of topographic features, profiles and cross sections which are obtained from the field survey on plan sheets. 2 Task 5. Research and Plot Existing Utilities. This task consists of any additional researching underground utility locations with the various utility companies and plotting such locations on the plan sheets for the project. Utilities to be researched include sanitary sewer, storm sewer, electric, gas, water, telephone, fiber optic, cablevision and communication lines. Task 6. Preliminary Typical Cross Sections. This task consists of a preliminary determination of the roadway cross section for main line. The type and width of pavement, shoulders and curbs will be determined. Task 7. Preliminary Plan and Profiles. This task consists of the development of preliminary plan and profile drawings. Included will be the necessary work to obtain the preliminary design features for the roadway, as well as preliminary cross sections for the determination of earthwork quantities and cost estimates. Consultant shall provide two (2) sets of preliminary construction plans and specifications for review by the City. Task 8. Preliminary Storm Sewer Improvements. This task consists of determining the necessary size, slope and location of storm drainage improvements. Task 9. Preliminary Construction Details. This task consists of the preliminary design and drafting of miscellaneous details not included in the other tasks. Included are such items as special grading details, special storm sewer or manhole details not included in the standard drawings and special paving details. Task 10. Subsurface Investigation. This task consists of determining the scope of work required for subsurface investigation on the project, soliciting proposals for field work from qualified firms and all coordination work required to obtain the necessary soil report. Payment for this work is as part of the Basic Services. Task 11. Preliminary Quantities and Cost Estimate. This task consists of a preliminary determination of the bid items to be included in the project, along with an estimate of quantities and cost estimate for each item. Construction Hans — Final Design Task 12. Final Typical Sections. This task consists of final design and drafting of typical cross sections. Task 13. Final Pavement Design. This task consists of final design of the pavement structures and thickness of surfacing, subbase design, shoulder design, subdrainage design, typical joint designs and other pavement details. Task 14. Final Plan and Profiles. This task consists of the final design and drafting of roadway plan and profile sheets. Consultant shall provide thirty (30) sets of reduced (one-half size) and fifteen (15) sets of full size final construction plans for use by the City. Five (5) additional reduced sized sets shall be distributed to the utility companies by the Consultant. Task 15. Final Design Cross Sections. This task consists of the final design of individual cross sections for the project. Cross sections will be designed at 50 foot maximum intervals. Task 16. Final Intersection Details. This task consists of the final design and drafting of special intersection jointing details, if any, spot elevations and geometric layouts for the various intersections on the project including the roundabout. Task 17. Final Storm Drainage Design. This task consists of final design and drafting of storm sewers, storm sewer inlets and manholes, ditches and other storm drainage appurtenances on the project. Task 18. Final Construction Details. This task consists of the fmal design and drafting of miscellaneous details not included in the other tasks. Task 19. Final Utility Adjustments. This task consists of the final design and drafting for adjustments of storm sewer utilities as well as any other utility adjustments which can be determined from utility records at the time of design. Task 20. Specifications. This task consists of providing the construction specifications and special provisions to the specifications which are required for the project. Thirty (30) sets of final specifications shall be provided by the Consultant for use by the City. Task 21. Final Quantities and Cost Estimates. This task consists of determining the final bid items to be included in the project as well as a fmal quantity takeoff for each bid item and cost estimate. Task 22. Bid Opening and Review. This task consists of attending the bid opening and assisting the City in the review of the bids. Task 23. Construction Review. This task consists of the general engineering review of the project construction to assure that the construction generally conforms to the plans and specifications. (This task does not include detailed testing and inspection of the construction.) Task 24. Record Drawings. Consultant shall provide the City with two (2) complete sets of record drawings and an electronic set upon completion of the construction. DNR Storm Water Management Task 25. Final DNR Storm Water Management Design. This task consists of the final design of details for meeting DNR Storm Water Management requirements including preparation of plans and permit application forms. Advertising and permit fees are not included in this item and are the responsibility of the City. Construction Engineering Task 26. Interpret Plans and Specifications. Interpret the intent of the Plans and Specifications to protect the City against defects and deficiencies in construction on the part of the contractors. The Consultant will not, however, guarantee the performance by any contractor. Task 27. Construction Staking. Provide horizontal and vertical control for all work items where needed. This work shall be executed in a timely manner upon request of the City. Restaking shall be considered as an "Additional Services" and paid accordingly. Task 28. Progress and Quality of Construction. Maintain direct contact with the City Engineer or his authorized representative to the extent necessary to fully inform the City Engineer of the progress and quality of construction work performed. Task 29. Resident Construction Staff. Provide the necessary qualified staff at the job site to act under the authority of the Resident Construction Engineer and observe and review the work in progress and determine whether the work is in general conformity with the Contract Plans and Specifications. It is understood that responsibility for the correctness of every detail of construction is beyond the scope of this agreement. The Consultant shall not assume management or direction of the Contractor's operations, or any utility company's operations. Nothing in this proposal shall be construed as giving the Engineer the responsibility or authority to direct or supervise construction methods, means, techniques, procedures or safety methods used by the contractors, subcontractors or utility companies performing the actual construction work. Neither observations by the Engineer nor inspections, tests or approvals shall relieve the contractor from his obligation to perform the work in accordance with the requirements of the Contract Documents. The contractor has ultimate responsibility to monitor all his work to ensure proper quality, safety and completion within the contract time, as do the utility companies involved in this project. Task 30. Contractor Pay Estimates. Consultant shall review and approve partial and final pay estimates submitted by the contractor. Task 31. On -Site Construction Testing. Consultant shall provide these services through the use of a subcontractor. Payment for this task is as part of the Basic Services. This task will provide the necessary on-site tests in accordance with the Iowa DOT Instructional Memorandum 204 and Supplements for project quality control for the following areas: a. On Grade Inspection: 1. Soil Report Review and Laboratory Compaction Testing: a) Review and interpretation of the final project soils report. b) Laboratory compaction testing (AASHTO-T89-Standard Proctor) for Calibration of the project. Standard Proctor test reports for soils and development of test reports for project granular materials. 2. a) Geotechnical quality control recommendations concerning use of select soils in the roadway subgrade and embankment construction. b) Moisture and density compaction control testing during the construction of the roadway subgrade. 3. Storm Sewer and Utility Trenches: a) Geotechnical quality control recommendations concerning use of soils in trench backfilling operations. b) Moisture and density compaction control testing for trench backfill compaction control. 4. Moisture and Density Compaction Control — Granular Materials: a) Moisture and density compaction control testing during the installation of the following granular materials: 1) Granular Subbase or Modified Subbase 2) Granular Backfill 5. P.C.C. and A.C.C. Pavement: a) Field density, thickness, and voids tests for samples. b) PCC cylinders and beams for strength test. Asphalt extraction for compliance to specifications. 6. Granular Materials Gradation Monitoring: a) Obtain gradation monitoring certification testing for the following project granular materials from suppliers: 1) Granular Drainage Blanket 2) Granular Subbases 3) Porous Backfill for Subdrain 4) Special Backfill 5) If contractor uses maturity testing for the concrete pavement, consultant shall not be responsible for costs associated with said testing. Task 32. Final Construction Review. Conduct the final construction review with representatives of City at completion of the project. The Consultant shall state his opinion as to whether the project was completed in substantial conformance with the Plans and Specifications and recommend acceptance thereof. Task 33. Claims. Review and prepare recommendations concerning all properly filed claims of the contractor for extra time and/or compensation, if any. IV. TIME OF BEGINNING AND COMPLETION Work under this Contact shall begin at the request of the City with 48 hours notice. Tasks 1 through 25 shall be completed according to the following time schedule: Major Milestone Date Notice to Proceed September 9, 2015 Preliminary Construction Design September 16, 2015 (Tasks 1 through 11) Final Construction Plans October 30, 2015 (Tasks 12 through 21) Construction Engineering January 11, 2016 — September 30, 2016 (Tasks 22 through 31) Substantial Project Completion September 30, 2016 (Tasks 32 through 33) The above schedule may be adjusted to meet specific needs of the City. 7 V FEES AND PAYMENTS A. Basic Services 1. Compensation - The Consultant shall be reimbursed the following lump sum fees: a. Preliminary and Final Construction Plans $48,572.00 and Construction Engineering The Maximum Amount Payable under the Section A Basic Services is $48,572.00. If the Consultant establishes and if the City agrees that the original estimate of cost and/or scope of work changes, the Maximum Amount Payable may be increased by a Supplemental Agreement or this Contract will be terminated and the Consultant paid for all work completed to the termination date based on cost records supplied to the City by the Consultant. B. Additional Services C. 1. The Consultant shall be compensated by the City at the following charges: Professional Engineering Professional Land Surveyor Survey Crew — 2 man (equiv.) Survey Crew — 3 man (equiv.) Technical CADD Inspection Clerical for Additional Services authorized $120.00/hour $115.00/hour $135.00/hour $155.00/hour $90.00/hour $80.00/hour $85.00/hour $50.00/hour Implementation of a revised rate schedule is subject to prior approval by the City. Outside Services a. If the Consultant deems it necessary to hire outside Consultants or subcontractors, in the performance of Additional Services, the Consultant shall bill the City at one (1) times the Outside Service cost to the Consultant. b. Proposals will be obtained from local consultants for any outside services. Prior to entering into a contact for any outside services, approval must be obtained from the City. 8 D. All government permit fees and publication costs will be paid by the "City". E. Payments Progressive payments of costs incurred shall be made upon receipt of invoice statements prepared by the Consultant. All work progress reports and invoices shall be submitted by the Consultant to the City and after review by the City, payments shall be made in amount of invoiced costs, less 5% retainage. Upon completion, delivery and acceptance of all work contemplated under terms of this Contract, the Consultant shall submit one final and complete invoice statement of costs incurred and/or amounts earned. The Consultant agrees to reimburse the City for any overpayments. VI. MISCELLANEOUS PROVISIONS A. Ownership of Engineering Documents All survey notes, field books, and other data prepared under this Contract shall become the property of the City and be delivered to the City upon completion of the project or termination of the services of the Consultant. There shall be no restriction or limitation on their further use by the City. B. Changes in Scope of Work Where there is a substantial change in the scope, complexity or character of the work performed, or if the City requests the Consultant to alter the completion dates established, the specified fee as listed under Section V of this Contract as Lump Sum, will be reappraised. If the Consultant believes that he has been asked to perform work beyond the Scope of Services covered by this Contract or a Supplemental Agreement hereto, he shall promptly notify the City, in writing, of his intention to make claim for such extra compensation. The Consultant shall not proceed with any such work until a Supplemental Agreement is fully executed. 9 C. Suspension and Termination of Agreement 1. In the event of the death of any member or partner of the Consultant's firm, the surviving members shall complete the work, unless otherwise mutually agreed upon by the City and the survivors. 2. The right is reserved by the City to terminate this Contract at any time upon not less than thirty (30) days written notice to the Consultant. 3. In the event the Contract is terminated by the City without fault on the part of the Consultant, the Consultant shall be paid for work performed and delivered up to the date established in the termination notice. The City shall determine the amount of work performed and shall set the amount of the Lump Sum to be paid accordingly. Hourly rate costs for restaking shall be determined by audit to the date established by the City in the termination notice. 4. In the event the Contract is terminated by the City for fault on the part of the Consultant, the Consultant shall be paid only for work satisfactorily performed up to the date established by the termination notice. After audit of the Consultant's costs to the date established by the City in the termination notice and after determination by the City of the amount of work satisfactorily performed, the City shall determine the amount to be paid the Consultant. 5. The right is reserved by the City to suspend this Contract at any time. Such suspension may be effected by the City by giving the Consultant written notice and will be effective as of the date established in the suspension notice. Payment for the Consultant's services will be made by the City to the date established in the suspension notice in accordance with Paragraph 3 above. 6. Should the City wish to reinstate the work after notice of suspension, such reinstatement may be accomplished by thirty (30) days written notice within a period of one (1) year after such suspension, unless this period be extended by written consent of the Consultant. 7. Unless this contract has been terminated prior to the completion of the work as herein before provided, this Contract shall not be considered terminated upon completion and acceptance of the work, or upon final payment therefore, but shall be considered to be in full force and effect for the purpose of requiring the Consultant to make such revisions or corrections in the work as are necessary to correct errors made by the Consultant in the work or for the purpose of having the Consultant make revisions in the work at the request of the City. 10 8. This Contract will be considered terminated when the construction of the project has progressed sufficiently to make it manifest that the construction can be completed without further revisions in that work, or if the Consultant is released prior to such time by written notice from the City. D. Arbitration Any disputes between the City and the Consultant, not otherwise resolved by the parties pursuant to the provisions of this Contract, including the documents incorporated herein by reference, shall be settled by filing a proper action in the proper District Court of the State of Iowa, and subsequent arbitration as provided in Chapter 679A of the Code of Iowa, 1983. This section is the only section of this Contract relating to "Arbitration". E. Responsibility for Claims and Liability The Consultant shall indemnify and save harmless the City from any and all claims and liabilities due solely to any error, omission or negligent act of the Consultant, its members, employees or agents. F. General Compliance with Laws The Consultant shall comply with all State and Local laws and ordinances applicable to the work. G. Forbidding Use of Outside Agents The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this Contract and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the City shall have the right to annul this Contract without liability, or, in its discretion to deduct from the Contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. H. Employment of City Personnel The Consultant shall not engage the services of any person or persons then in the employ of the City for work covered by this Contract, without the written consent of the employer of such persons. I. Compliance with Title 49, Code of Federal Regulations During the performance of this Contract, the Consultant, for its assignees and successors in interest (hereinafter referred to as the "Consultant"), agrees as follows: 1. Nondiscrimination: The Consultant, with regard to the work performed by it, will not discriminate on the grounds of race, color, sex, age, national origin or creed in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Contract covers a program set forth in Appendix "A", "B" and "C" of the Regulations. 2. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this Contract and the regulations relative to nondiscrimination on the grounds of race, age, color, sex, national origin or creed. 3. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Contract, the City shall impose such contract sanctions as it may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Consultant under the Contract until the Consultant complies; and/or b. Cancellation, termination or suspension of the Contract, in whole or in part. J. Anti -Kickback Rules Salaries of architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only 12 such payroll deductions as are mandatory by law or permitted by the applicable regulations issued by the Secretary of Labor pursuant to the "Anti -Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; title 18 U.S.C., section 874; and title 40 U.S.C. section 276c). The Consultant shall comply with all applicable "Anti -Kickback" regulations and shall insert appropriate provisions in all subcontracts covering work under this Contract to insure compliance by subcontractors with such regulations, and shall be responsible for the submission of affidavits required of subcontractor thereunder except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof. K. Equal Employment Opportunity During the performance of this Contract, the Consultant agrees as follows: a. The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection of training including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City of Waterloo setting forth the provisions of the nondiscrimination clause. b. The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. c. The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. L. Discrimination Because of Certain Labor Matters No person employed on the work covered by this Contract shall be discharged or in any way discriminated against because he has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his employer. 13 M. Interest of Certain Federal Officials No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Contract or to any benefit to arise herefrom. N. Savings or Severability Clause If any section, provision or part of this Contract shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Contract as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. This Contract and referenced Attachments express the entire Contract between the parties and no representations, promises or warranties have been made by either of the parties that are not fully expressed herein. The Consultant certifies that he is fully acquainted with the concept of the project as presently developed by the City, and that it is the intention of this Contract with the Consultant to do work necessary to bring the project to completion. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their proper officials thereunto duly authorized as of the dates indicted on the next page. 14 CITY OF WATERLOO, IOWA CONSULTANT VJ ENGINEERING BY: . Buck Clark Wendell Lupkes Mayor Vice President DATE: /ef 5 ATTEST: DATE: BY. - Suzy Sch s, CMC City Clerk/Human Resource Director 15 CITY OF WATERLOO Council Communication Resolution approving Professional Services Agreement with VJ Engineering, of Cedar Falls, Iowa, for preliminary engineering and design in conjunction with the FY 2016 Galactic Drive and Fitzway Drive Extensions, Contract No. 896. City Council Mee Prepared: 9/2/2015 9/8/2015 REVIEWERS: Department Engineering ATTACHMENTS: Description u PSA_Cont 896 SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Reviewer Thorson. Eric Action Approved Type Cover Memo Date 9/2/2015 - 11:07 AM Resolution approving Professional Services Agreement with VJ Engineering, of Cedar Falls, Iowa, for preliminary engineering and design in conjunction with the FY 2016 Galactic Drive and Fitzway Drive Extensions, Contract No. 896. Submitted By: Jeff Bales, Associate Engineer Approve the Professional Services Agreement This agreement is for preliminary engineering and design related to the construction of approximately 874 feet of roadway and roundabout intersection of Galactic Drive and Fitzway Drive, located on the southwest side of town. Maximum amount payable is $48,572.00. Local Option Sales Tax