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HomeMy WebLinkAboutAment Design-5/6/2013Archi(eciure • Engineerin AGREEMENT for Surveying and Engineering Services for 2013-2014 Systemic Traffic Safety Improvements at Signalized Intersections along Washington Street (U.S. 218) in Waterloo, Iowa Traffic Operations Project Number: TOF-214 GENERAL This Agreement for surveying, engineering design, design supervision, and drafting services is based on Ament, Inc.'s (hereinafter referred to as CONSULTANT) understanding of the Project needs of the City of Waterloo, Iowa Traffic Operations Department (hereinafter referred to as CLIENT). PROJECT DESCRIPTION The City of Waterloo, Iowa intends to implement systemic traffic safety improvements at approximately seventeen (17) intersections along Washington Street (U.S. 218) within the City. These improvements will utilize Iowa Department of Transportation (DOT) Traffic Safety Funds grant and other funding for Project construction materials and City funding for surveying, engineering design, design supervision, and drafting services. City specifications will be used for the Project improvements. The proposed construction Contract Documents will be used for a local bid letting. The safety improvements that are envisioned include the following: • traffic signal and other traffic control modifications, such as: o modification of existing traffic signal head indications; o installation of new or additional mast arm -mounted traffic signal heads; o addition of near -side traffic signal heads; o installation of new lane control signs and/or other signage; o placement of high -durability, high -visibility stop Tines and other pavement markings; and o installation of end -of -green advance warning systems; and • other miscellaneous intersection improvements, such as: o removal of obstructions to intersection and signal visibility; and o relocation of signs and other obstructions to intersection and signal visibility. The Contract Administrator for the CLIENT is the City's Traffic Engineer. SCOPE OF SERVICES The CONSULTANT will provide surveying, engineering design, design supervision, and drafting services for the Project, which is a City -let Project and which uses City plan format and City P:\G29413.10\Word\Agreement for 2013-2014 Washington St (U.S. 218) TSF Grant Design Services (04-30-2013).DOC 1 AMENT, INC. specifications. The Project services will entail all or part of the services mentioned under this section titled SCOPE OF SERVICES. The scope of services to be performed by the CONSULTANT shall be completed in accordance with generally accepted standards of practice. Tasks may include, but are not limited to, the following general tasks: I. Project Management This task includes the development and tracking of the Project plan. Coordination with members of the Project team, including the CLIENT and others such as the Iowa Department of Transportation (DOT), is an essential part of this task. The scheduling, notifying, and facilitating of team meetings is also included in this task. 1. Project Team Kick -Off Meetings — This meeting shall include select members of the Project team (CLIENT and CONSULTANT). The purpose of the meetings is to review the detailed Project plan including tasks, responsible individuals, and timing to complete the tasks; obtain Project information from the CLIENT; and clarify design issues and requirements. 2. Track Project Schedules — This task involves tracking the Project design schedule throughout the length of the design services contract. This will be done to determine if the performance of the design services is in conformance with the Project schedule. If the Project is not on schedule, CONSULTANT will present an approach for bringing the Project back on schedule. 3. Monitor Project Scopes — This task involves monitoring the Project scope throughout the length of the design services contract. This will be done to identify needed services that are not included in the scope of the design services contract. CONSULTANT will make the CLIENT representative aware of potential change orders to the design contract before the additional services are performed. 4. Project Review Meetings — This task involves attendance at Project review meetings with representatives of the CLIENT. The CONSULTANT will keep, prepare, and distribute minutes of meetings to attendees in a timely manner. II. Research and Data Collection 1. Horizontal Control Surveys - This item includes the establishment of temporary horizontal control points (typically, 30" -long, 1/2" -diameter metal rebar) within the Project corridor(s) prior to construction. GPS methods utilizing The Iowa Real Time Network (NAD 83 datum, Iowa North Zone State Plane Coordinates) will be used to establish the Project coordinate system. This task also includes the acquisition and documentation of reference ties for these horizontal control points. 2. Vertical Control Survey - This item includes the establishment of temporary benchmarks within the Project corridor on NAVD 88 datum, based on existing published CITY benchmarks or other reliable vertical control points in the Project vicinity. This may include determining elevations of the temporary horizontal control points mentioned above. 3. Topographic Surveys - This item includes the field and office tasks to perform the research and field measurements to provide the necessary topographic information for the Project to supplement the survey data or mapping information already 2 AMENT, INC. collected by the CITY or others within the Project corridor in recent years. The information to be collected includes topography, visible permanent improvements and features, and utility markings placed as the result of the Iowa One Call. 4. Boundary Surveys - This item includes the field and office tasks needed to perform the research and field measurements to determine the approximate roadway right- of-way and intersecting property line locations along the Project corridor(s). The preparation of property acquisition plats and / or temporary construction easement exhibits is NOT anticipated for this Project. 5. Collection of Base Information — This task includes the development of Project base mapping for use in development of the Project plans. The base mapping will be prepared in MicroStation electronic file format to a scale of not smaller than 1" = 50' (for 11" x 17" half-size sheets) using Iowa DOT standards for line types and symbols. Scales larger than this will be used as appropriate for the work involved. III. Preliminary Design Plans Design Services — This task includes some Project design and direct supervision of the Project design development performed by the CLIENT and performance of the drafting tasks necessary to develop preliminary and check/final plans for the proposed improvements. 1. Verify Recommended Concept — This task includes a review of the conceptual design layout prepared by the CLIENT for the proposed traffic safety projects. 2. Photographic / Video Review of Project Corridor — This task includes the preparation of photographs and/or videotape of the Project locations obtained while walking and/or driving through the area. The purpose of this task is to provide for the efficient review of the locations during the design process. It may include times of peak hour traffic, if applicable, and drainage during rainfall events, if applicable. 3. Preparation of Base Information - This task includes the collection of the information of the research and data collection phase and the reduction of topographic and boundary survey data for the purpose of preparing Project drawings. This task may also include the preparation of a triangulated irregular network for the use in development of the Project design. The plan drawings will be prepared to a suitable scale (typically 1" = 50') (for 11" x 17" half-size sheets) using CITY standards for line types and symbols. Scales smaller or larger than this will be used as appropriate for the work involved. Certain base sheets may be prepared utilizing aerial photography obtained from the CITY as a background, in lieu of topographic survey base mapping. 4. Review Design Standards — This task includes the review of the design standards applicable to the development of the Project. 5. Design, Design Supervision, and Plan Preparation — This task includes the direct supervision of the design performed by the CLIENT for the proposed improvements and the preparation of detailed plans that document the proposed design. This task may include some limited design effort for the proposed traffic signal and other traffic control improvements. 3 AMENT, INC. 6. Quality Review of Draft Contract Documents — This task includes a review by the CONSULTANT regarding the quality of the design and the prepared Contract Documents, such as standard drawings, specifications, and bidding documents. The accuracy and completeness of the documents shall be scrutinized in order to minimize the need for modifications to the design. Any necessary modifications shall be discussed with and agreed to by the CLIENT before being included in the documents following the quality review by the designer and prior to continuing to the next step. 7. Preliminary Plan Submittal — This item includes the submittal of the appropriate number of copies of the Preliminary Plans to the CLIENT and to the Iowa DOT. IV. Check Plans / Final Plans A. Check / Final Plans — This item includes the addition of information to the Preliminary Plans and the incorporation of the Preliminary Plan review comments to more fully develop the contract documents. 1. Draft Special Details — This item includes the drafting of special Project details designed by the CLIENT, if needed. 2. Addition of Text / Information to Drawings — This task includes the addition of information and text to the drawings in order to provide for the needed detailed location and dimension information. Information related to quality of workmanship and quality of materials shall be included in the Special Provisions, if needed. 3. Quality Review of Updated Contract Documents — This task includes a review by the CONSULTANT of the updated Contract Documents, such as standard drawings, specifications, and bidding documents, updated by the CLIENT to reflect review comments received from the Iowa DOT. 4. Budget Review — This task includes the review of the quantities calculated by the CLIENT for the significant traffic safety bid items proposed for the Project locations and the cost opinion developed by the CLIENT using historical bid unit prices for comparable items. 5. Check / Final Plan Submittal — This item includes the submittal of the appropriate number of copies of the Check / Final Plans and Specifications and Special Provisions, if required, and Bidding Documents to the CLIENT and the Iowa DOT. DELIVERABLES A. CONSULTANT Deliverables Deliverables may include, but are not limited to, the following general items: 1. One (1) set of: preliminary plans prepared by the CONSULTANT; draft Specifications and/or Special Provisions prepared by the CLIENT with review comments by the CONSULTANT; one (1) copy of the draft Project cost opinion prepared by the CLIENT with review comments by the CONSULTANT; and draft bidding documents prepared by the CLIENT with review comments by the CONSULTANT; along with an 4 AMENT, INC. accompanying transmittal letter, to the CLIENT, and to the Iowa DOT, if requested by the CLIENT. All submittals will be in PDF or Microsoft Word° or Microsoft Excel® file format via e-mail or CONSULTANT's ShareFile® software. 2. One (1) set of: reproducible final plans without original signatures prepared by the CONSULTANT; one (1) signed and sealed copy of the final plan set Title Sheet with original signatures prepared by the CONSULTANT; along with an accompanying transmittal letter, to the CLIENT and to the Iowa DOT, if requested by the CLIENT. [The CLIENT will finalize the electronic copy of each Specifications and/or Special Provisions document, if any; the electronic copy of the final Contract Documents; and the final Project cost opinion.] All submittals will be in PDF file format via e-mail or CONSULTANT's ShareFile® software. Review comments on the Specifications and Special Provisions documents may be submitted in Microsoft Wore file format. Review comments on the Project cost opinion may be submitted in Microsoft Excel° file format. SCHEDULE The CONSULTANT will begin its negotiated services after the receipt of each fully -executed and mutually agreed-upon Agreement, which will serve as the Notice to Proceed. The CONSULTANT will perform its services in accordance with the following general schedule and in accordance with the specific schedule negotiated unless modified by mutual agreement or by factors beyond the control of the CONSULTANT: Contract approval by CLIENT is expected by May 6, 2013. Project Kick-off Meeting is expected to be conducted by May 9, 2013. Final Design is expected by August 17, 2013. Agreement is considered to be complete when final design is submitted to Iowa DOT and accepted by them. The Consultant shall submit a time table for completing the Project once the agreement is signed. COMPENSATION Payment will be based on a Standard Hourly Rate plus reimbursable expenses basis, using the rates as shown on Attachment A, but shall not exceed the Agreement amount. The Agreement amount is Nineteen Thousand Five Hundred and 00/100 Dollars ($19,500.00). This is the not -to exceed amount. If at any time during the work, the CONSULTANT determines that its actual costs will exceed the anticipated Agreement amount, it will promptly so notify the Contract Administrator in writing and describe what costs are causing the overrun and the reason. Overruns and additional expenses must receive Waterloo City Council approval to be valid. The CLIENT has 30 days from the submittal date of the final draft of this Agreement to enter into this Agreement in order for the terms of this Agreement to remain valid. All requests for payments shall have Traffic Operation Project number TRF -214 noted on them. 5 AMENT, INC. EXTENSION OF TIME AND SERVICES The time for completion of each Assignment of this Agreement will be mutually agreed upon and set and shall not be extended because of any delay attributed to the CONSULTANT, but may be extended by the Contract Administrator in the event of a delay attributed to the CLIENT or the Contract Administrator, or because of unavoidable delays beyond the reasonable control of the CONSULTANT. Services may be extended to cover assignments of similar work if mutually agreed upon by both the Consultant and Project Administrator. Any Consultant cost incurred beyond and above the amount approved in this Agreement must receive City of Waterloo Council approval to be valid. CLIENT RESPONSIBILITIES It will be Client's responsibility to collect and provide the data and information needed for the individual Assignments, except for those requested of the CONSULTANT by Contract Administrator and agreed to by the CONSULTANT. ADDITIONAL SERVICES None. Terms and Conditions of the Agreement The attached Terms and Conditions are considered part of this Agreement and part of each individual Assignment. AGREEMENT CLIEN City of Waterl o low AMENT DESIGN BY: / BY: \ "),4d./1/1/a DATE: x" h' 'ry DATE://M ATTEST: 1Jj Q J.o DATE: :� - i - ✓ 3 6 AMENT, INC. TERMS AND CONDITIONS AMENT, INC. Progress payments shall be made in proportion to services as provided and as indicated within this agreement, and shall be due and owing within 30 days of the CONSULTANT'S submittal of his monthly statement. Past due amounts owed shall accrue interest at the lesser rate of 1.5% per month, or the maximum rate allowed by law. If the CLIENT fails to make monthly payments due the CONSULTANT, the CONSULTANT may after giving seven (7) days written notice to the CLIENT, suspend services under this agreement. This agreement may be terminated by either party by seven (7) days written notice in the event of substantial failure to perform in accordance with the terms of this agreement by the other party through no fault of the terminating party. This agreement represents the entire and integrated agreement between the CLIENT and the CONSULTANT and supersedes all prior written or oral negotiations, representations, or agreements. This agreement may be amended only by written instrument signed by both the CLIENT and the CONSULTANT. 1 In the event that any on-site observation of Contractors' work shall be included as a part of the work under the agreement, the CONSULTANT shall endeavor to guard the CLIENT against apparent defects and deficiencies in the permanent work constructed by the Contractor but does not guarantee or warrant the performance of the Contractor. The CONSULTANT is not responsible for the construction means, methods, techniques, sequence or procedures, time of performance, programs, or for any safety precautions in connection with the construction work. The CONSULTANT is not responsible for the Contractor's failure to execute the work in accordance with the construction contract. 2. The CONSULTANT shall not be responsible for defects or omissions in the work of the Contractor or any Subcontractors or any of the Contractor's or Subcontractor's employees, or that of any person or entities responsible for performing work which results in a construction contract on the basis of the services to be performed by the CONSULTANT. 3. If the PROJECT is delayed or if the CONSULTANT'S services for the PROJECT are delayed or suspended for more than three (3) months for reasons beyond the CONSULTANT'S control, the CONSULTANT may, after giving seven (7) days written notice to the CLIENT, terminate this agreement and the CONSULTANT shall be paid for services performed to the termination notice date, including reimbursable expenses due, plus termination expenses. Termination expenses are defined as reimbursable expenses directly attributable to the termination. 4. Neither the CLIENT nor the CONSULTANT shall delegate, assign, or otherwise transfer his duties under this agreement without the written consent of the other. 5. All drawings, specifications and other work product of the CONSULTANT for this PROJECT are instruments of service for this PROJECT only and the intellectual rights to it shall remain the property of the CONSULTANT whether the PROJECT is completed or not. Reuse of any of the instruments of service of the CONSULTANT by the CLIENT on extensions of this PROJECT or on any other PROJECT without the written permission of the CONSULTANT shall be at the CLIENT'S risk and the CLIENT agrees to defend and indemnify and hold harmless the CONSULTANT from all claims, damages, and expenses including attorney's fees arising out of such unauthorized reuse of the CONSULTANT'S instruments of service by the CLIENT or by others acting through the CLIENT. Any reuse or adaptation of the CONSULTANT'S instruments of service occurring after the written agreement of the CONSULTANT shall entitle the CONSULTANT to further compensation in amounts to be agreed upon by the CLIENT and the CONSULTANT. 6. Copies of documents that may be relied upon by Client are limited to the printed copies (also known as hard copies) that are signed or sealed by Consultant, Files in electronic media format or text, data, graphic or other types that are furnished by Consultant to Client are only for convenience of Client. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, Consultant makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems or computer hardware differing from those in use by Consultant at the beginning of this assignment. 7. This agreement shall be govemed by the laws of the State of Iowa. 8. The CLIENT and the CONSULTANT agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non-binding mediation unless the parties mutually agree otherwise. The CLIENT and the CONSULTANT further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants to likewise include a similar mediation provision in all agreements with subcontractors, subconsultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between parties to those P:\G29413.01\Pre-Contract\Word\Agreement for 2013-2014 Washington St (U.S. 218) TSF Grant Design Services (04-30-2013).DOC 7 AMENT, INC. agreements. Any costs incurred for a mediator, plus his or her expenses, shall be shared equally between the parties involved in the mediation. 9. Neither party shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, walkouts, accidents, govemment acts, or other events beyond the control of the other or the other's employees and agents. 10. In the event any provisions of this agreement shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 11. The CONSULTANT intends to render his services under this agreement in accordance with the generally accepted professional practices for the intended use of the PROJECT, and makes no warranty, either expressed or implied. 12. Any Opinion of the Construction Cost prepared by the CONSULTANT represents his judgment as a design professional and is supplied for the general guidance of the CLIENT. Since the CONSULTANT has no control over the cost of labor and material or over competitive bidding or market conditions, the CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CLIENT. 13. The CLIENT shall provide for right of entry for employees of the CONSULTANT and all of the equipment, which is necessary for the CONSULTANT to perform the work. While the CONSULTANT will take responsible precautions to minimize any damage to the property it is understood by the CLIENT that in the normal course of work, some damages may occur, the correction of which is not part of this agreement. 14. In the prosecution of the work, the CONSULTANT will take responsible precautions to avoid damage or injury to subterranean structures or utilities. The CLIENT agrees to hold the CONSULTANT harmless for any damage to subterranean structures, which are not called to the CONSULTANTS attention and correctly shown on any plans furnished. 15. The CONSULTANT will notify the CLIENT of changes in scope of services and of adjustment in compensation by amendment to this Agreement. 16. Nothing in this agreement shall impose liability on the CONSULTANT for claims, lawsuits, expenses, or damages arising from, or in any manner related to: A. The dispersal, discharge, escape, release or saturation of smoke, vapors soot, fumes, acids, alkalis, toxic chemicals, liquids, gases or any other materials, irritant, contaminant or pollutant in or into the atmosphere, or on, onto, upon, in or into surface or subsurface of (a) soil; (b) water or water courses; (c) objects; and (d) any tangible or intangible matter whether sudden or not. B. The exposure to, or the handling, manufacture or disposal of asbestos or asbestos products in any of its various forms. 17. The CLIENT shall have ten (10) days after issue of invoice to dispute the amount owed. After ten (10) days, the invoice becomes due and payable. 18. CONSULTANT shall maintain a professional indemnity insurance policy covering professional liability of work done by CONSULTANT under this Agreement and the coverage of such policy shall remain in effect for the duration of statute of limitations under Iowa laws for the applicable items. The policy shall cover risks associated with damage due to the CONSULTANTS negligent act, error or omission for a minimum of $1,000,000 each claim, $1,000,000 in the aggregate. CONSULTANT may write the construction contract documents in a manner to require the construction contractor to extend the indemnity given to CLIENT to also cover CONSULTANT. CONSULTANT shall pay at CONSULTANT's own expense for correction of construction work when such correction is deemed necessary and is deemed to be solely the result of the CONSULTANTs negligent acts, errors, or omissions. 8 AMENT, INC. rent DESIGN STANDARD HOURLY RATES Effective 01/01/13 Engineer 1 $ 70.00 Administrative 1 $ 65.00 Engineer 2 80.00 Administrative 2 80.00 Engineer 3 100.00 Administrative 3 110.00 Engineer 4 110.00 Administrative 4 130.00 Engineer 5 120.00 Engineer 6 130.00 Clerical 1 45.00 Engineer 7 150.00 Clerical 2 55.00 Engineer 8 170.00 Clerical 3 65.00 Clerical 4 75.00 Architect 1 70.00 Architect 2 85.00 Architect 3 110.00 Senior Architect 143.00 LS - Inter LS - 1 LS -2 LS -3 LS Manager 90.00 105.00 110.00 135.00 143.00 Technician 1 60.00 Designer 1 65.00 Technician 2 70.00 Designer 2 75.00 Technician 3 75.00 Designer 3 95.00 Technician 4 85.00 Designer 4 110.00 Interior Designer 1 Interior Designer 2 Interior Designer 3 65.00 80.00 90.00 Direct Costs: GPS Equipment Ground Based Lidar Mileage Bond Copies (per square foot) Copies (per copy) Postage $50/hr $1,000/day $0.65/mi $0.40/ea $0.30/ea $0.501oz Other Direct reimbursable costs will be billed at cost plus 15% www.ament.com