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HomeMy WebLinkAboutWater's Edge Aquatic Design, PLC-9/4/2012Please return this copy to: City Clerk & Finance Department 715 Mulberry Street Waterloo, IA 50703 AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES This is an agreement effective as of k , 2012 between Water's Edge Aquatic Design, PLC ("ENGINEER") and the City of Waterloo, Iowa ("OWNER"). The OWNER intends to evaluate their existing two outdoor pool facilities and consider the feasibility of pool improvements("PROJECT"). OWNER is authorized and empowered to contract with ENGINEER for the purpose of furnishing engineering services in connection with the PROJECT, and necessary funds for payment of said services are available. OWNER and ENGINEER in consideration of their mutual covenants as set forth herein agree to the following scope of work, methods of delivery, fee basis, general conditions and related issues ("Agreement"). Terms and conditions of this Agreement are described in Appendix A. ENGINEER agrees to perform engineering evaluation and feasibility study services in accordance with the Scope of Services described in Appendix B. OWNER's Responsibilities are described in Appendix C. This Agreement represents the entire and integrated agreement between the ENGINEER and the OWNER, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the ENGINEER and the OWNER. In Witness whereof, the parties hereto have executed this Agreement, the Effective Date of which is indicated above. Water's Edge Aquatic Design, PLC City o.' aterlo By: By: Mfr Print Name: Dave Schwartz Print Name: -LX u5 f Print Title: Principal Print Title: Date: 9-24-2012 Project No. 12 - 517 Water's Edge Aquatic Design 09-24-12 JVD Date: 9.141c Page 1 of 6 Pool Evaluation and Feasibility Study Waterloo, IA APPENDIX A - TERMS AND CONDITIONS Section 1— Services of ENGINEER 1.01 Scope A. ENGINEER will serve as OWNER's professional engineering representative in those phases of the PROJECT to which this Agreement applies and will give consultation and advice to OWNER during the performance of its services. B. ENGINEER will provide the Basic Services outlined and described in this Agreement. C. ENGINEER will provide Additional Services only following authorization by the OWNER. Section 2 — OWNER's Responsibilities 2.01 Scope A. OWNER shall have the responsibilities set forth in this Agreement. Section 3 — Times for Providing Services 3.01 General A. ENGINEER's obligation to provide services hereunder will be for a period of time that may reasonably be required for the completion of said services. Based on available information, the current goal is to complete ENGINEER's work within 8 to 10 weeks of contract effectiveness. Section 4 — Payments to ENGINEER 4.01 Compensation for design and construction administration services A. The OWNER agrees to compensate the ENGINEER for the consulting services provided under this Agreement based on the following lump sum fee schedule. Expenses are included in described fees unless otherwise defined in this Agreement. Office expenses and travel expenses for a trip is included in our listed fees. Evaluation Study for two outdoor pools $4,000 Aquatic Improvement Feasibility Study $9,000 Total Fee $13,000 B. ENGINEER shall receive authorization from OWNER prior to providing any additional services. Compensation for additional services will be based on our billing rates, staff time and direct expenses. Additional services may include additional trips or design. Project No. 12 - 517 Water's Edge Aquatic Design 09-24-12 Page 2 of 6 Pool Evaluation and Feasibility Study Waterloo, IA 4.02 Other Payment Provisions A. Monthly invoices will be prepared using ENGINEER' s standard practices and shall identify the level of progress claimed for each Task. B. In the event of any termination of this Agreement, ENGINEER will be entitled to invoice the OWNER and will be paid for all services performed or furnished and all reimbursable expenses incurred through the effective date of termination. Section 5 — Opinions of Cost 5.01 Opinions of Probable Construction Cost A. ENGINEER's opinions of probable construction costs for the PROJECT will be made on the basis of ENGINEER's professional judgment and experience. Section 6 — General Considerations 6.01 Performance and Standards A. The standard of care for all professional engineering and related services performed or furnished by ENGINEER under this Agreement will be the care and skill normally furnished by members of the ENGINEER' s profession practicing under similar circumstances at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER's services. 6.03 Use of Documents A. All Documents are instruments of service in respect to this PROJECT, and ENGINEER will retain an ownership and property interest therein (including the right of reuse at the discretion of the ENGINEER) whether or not the PROJECT is completed. B. OWNER may make and retain copies of Documents for information and reference in connection with use on the PROJECT by OWNER. 6.04 Termination A. In the event of termination of this Agreement by either party, the OWNER shall, within 15 calendar days of termination, pay the ENGINEER for all services rendered and all reimbursable costs incurred by the ENGINEER up to the date of termination, in accordance with the payment provisions of this Agreement. 6.05 Controlling Law A. This Agreement is to be governed by the laws of the State of Iowa. 6.06 Dispute Resolution A. OWNER and ENGINEER agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice prior to other provisions of this Agreement, or under law. Project No. 12 - 517 Page 3 of 6 Pool Evaluation and Feasibility Study Water's Edge Aquatic Design Waterloo, IA 09-24-12 B. OWNER and ENGINEER agree to use mediation for dispute resolution if the previously described negotiation process is not successful. 6.07 Allocation of Risks A. To the fullest extent permitted by law, ENGINEER agrees to indemnify and hold harmless the OWNER, its officers, directors and employees against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the ENGINEER's negligent performance of professional services under this Agreement or anyone for whom the ENGINEER is legally liable. B. To the fullest extent permitted by law, OWNER agrees to indemnify and hold harmless the ENGINEER, its officers, directors, employees and subconsultants against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the OWNER's negligent acts in connection with the Project or anyone for whom the OWNER is legally liable. Project No. 12 - 517 Page 4 of 6 Pool Evaluation and Feasibility Study Water's Edge Aquatic Design Waterloo, IA 09-24-12 APPENDIX B — ENGINEER'S RESPONSIBILITIES The Agreement is amended and supplemented to include the following Agreement of the parties. ENGINEER will provide basic engineering services for the PROJECT as set forth below. 1.01 Pool Evaluation Study A. ENGINEER will complete the following pool evaluation tasks: 1. On site review of all pool facilities by IA licensed engineer. 2. Identify safety concerns. 3. Compare current facilities with current codes and standards. 4. Assess aluminum shell condition, including taking coupons to determine corrosion status. 5. Identify material deterioration. 6. Discuss renovation potential and remaining life. 7. Verify pool water treatment design criteria. 8. Assess building condition. 9. Review ADA features. 10. Summarize aquatic features and facilities. 11. Recommend safety improvements. 12. Recommend repairs. 13. Suggest potential enhancements. 14. Provide color copies of a written summary report. 15. Develop a cost summary for the PROJECT, including capital and operating costs. 16. Meet with OWNER to review the findings and recommendations. (2 minimum) 1.02 Aquatic Feasibility Study A. Following review by OWNER of the evaluation study, ENGINEER will: 1. Meet with you several times to listen to your goals and review our findings and recommendations. 2. Solicit public comments and opinions using meetings, web site and social media. 3. Prepare concept layouts for suggested options and provide photo examples of suggested features. 4. Provide an executive summary with recommendations. 5. Review the overall condition — a summary of the previous evaluation. 6. Provide demographics — population, age groups and income. 7. Summarize market competition — where your citizens go to swim. 8. Develop a program focus — aquatic services and programs. 9. Outline aquatic planning options. Project No. 12 - 517 Page 5 of 6 Pool Evaluation and Feasibility Study Water's Edge Aquatic Design Waterloo, IA 09-24-12 10. Provide options for pool renovation, enhancement and new pools. 11. Capital costs for each considered option. 12. Prepare operating costs for each considered option. 13. Provide ongoing maintenance costs for each considered option. 14. Provide planning information — annual cost comparison of options. 15. Summarize our recommendations. 16. Summarize all our work in a written report. 17. Provide you with color copies of the final report. 18. Present our report to the group of your choice. APPENDIX C - OWNER'S RESPONSIBILITIES The Agreement is amended and supplemented to include the following Agreement of the parties. In addition to other responsibilities of OWNER as set forth in this Agreement, OWNER shall: A. Provide ENGINEER with all criteria and full information as to OWNER's requirements for the PROJECT, including design objectives and constraints and any budgetary limitations. B. Furnish to ENGINEER any other available information pertinent to the PROJECT including reports and data relative to previous designs, or investigation at or adjacent to the Site. C. Following ENGINEER's assessment of initially -available PROJECT information and data and upon ENGINEER's request, furnish or otherwise make available such additional PROJECT related information and data as is reasonably required to enable ENGINEER to complete its Basic and Additional Services. D. Authorize ENGINEER to provide Additional Services as required by OWNER. E. Examine all alternate solutions, reports, sketches, Drawings, proposals, and other documents presented by ENGINEER (including obtaining advice of an attorney, insurance counselor, and other advisors or ENGINEER's as OWNER deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. Project No. 12 - 517 Water's Edge Aquatic Design 09-24-12 Page 6 of 6 Pool Evaluation and Feasibility Study Waterloo, IA AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES This is an agreement effective as of Tu. 2012 between Water's Edge Aquatic Design, PLC ("ENGINEER") and the City of Waterloo, Iowa ("OWNER"). The OWNER intends to evaluate their existing two outdoor pool facilities and consider the feasibility of pool improvements("PROJECT"). OWNER is authorized and empowered to contract with ENGINEER for the purpose of furnishing engineering services in connection with the PROJECT, and necessary funds for payment of said services are available. OWNER and ENGINEER in consideration of their mutual covenants as set forth herein agree to the following scope of work, methods of delivery, fee basis, general conditions and related issues ("Agreement"). Terms and conditions of this Agreement are described in Appendix A. ENGINEER agrees to perform engineering evaluation and feasibility study services in accordance with the Scope of Services described in Appendix B. OWNER's Responsibilities are described in Appendix C. This Agreement represents the entire and integrated agreement between the ENGINEER and the OWNER, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the ENGINEER and the OWNER. In Witness whereof, the parties hereto have executed this Agreement, the Effective Date of which is indicated above. Water's Edge Aquatic Design, PLC City o aterloo, IA By: __D— By:`�1' ) Print Name: Dave Schwartz Print Name: l'inkfth Et C (4-4-:-- Print &Print Title: Principal Print Title: ,,Ak UJ6 Date: 9-24-2012 Date: lit 1 Ot(', Project No. 12 - 517 Water's Edge Aquatic Design 09-24-12 Page 1 of 6 Pool Evaluation and Feasibility Study Waterloo, IA APPENDIX A - TERMS AND CONDITIONS Section 1— Services of ENGINEER 1.01 Scope A. ENGINEER will serve as OWNER's professional engineering representative in those phases of the PROJECT to which this Agreement applies and will give consultation and advice to OWNER during the performance of its services. B. ENGINEER will provide the Basic Services outlined and described in this Agreement. C. ENGINEER will provide Additional Services only following authorization by the OWNER. Section 2 — OWNER's Responsibilities 2.01 Scope A. OWNER shall have the responsibilities set forth in this Agreement. Section 3 — Times for Providing Services 3.01 General A. ENGINEER's obligation to provide services hereunder will be for a period of time that may reasonably be required for the completion of said services. Based on available information, the current goal is to complete ENGINEER's work within 8 to 10 weeks of contract effectiveness. Section 4 — Payments to ENGINEER 4.01 Compensation for design and construction administration services A. The OWNER agrees to compensate the ENGINEER for the consulting services provided under this Agreement based on the following lump sum fee schedule. Expenses are included in described fees unless otherwise defined in this Agreement. Office expenses and travel expenses for a trip is included in our listed fees. Evaluation Study for two outdoor pools $4,000 Aquatic Improvement Feasibility Study $9,000 Total Fee $13,000 B. ENGINEER shall receive authorization from OWNER prior to providing any additional services. Compensation for additional services will be based on our billing rates, staff time and direct expenses. Additional services may include additional trips or design. Project No. 12 - 517 Water's Edge Aquatic Design 09-24-12 Page 2 of 6 Pool Evaluation and Feasibility Study Waterloo, IA 4.02 Other Payment Provisions A. Monthly invoices will be prepared using ENGINEER's standard practices and shall identify the level of progress claimed for each Task. B. In the event of any termination of this Agreement, ENGINEER will be entitled to invoice the OWNER and will be paid for all services performed or furnished and all reimbursable expenses incurred through the effective date of termination. Section 5 — Opinions of Cost 5.01 Opinions of Probable Construction Cost A. ENGINEER's opinions of probable construction costs for the PROJECT will be made on the basis of ENGINEER's professional judgment and experience. Section 6 — General Considerations 6.01 Performance and Standards A. The standard of care for all professional engineering and related services performed or furnished by ENGINEER under this Agreement will be the care and skill normally furnished by members of the ENGINEER's profession practicing under similar circumstances at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER' s services. 6.03 Use of Documents A. All Documents are instruments of service in respect to this PROJECT, and ENGINEER will retain an ownership and property interest therein (including the right of reuse at the discretion of the ENGINEER) whether or not the PROJECT is completed. B. OWNER may make and retain copies of Documents for information and reference in connection with use on the PROJECT by OWNER. 6.04 Termination A. In the event of termination of this Agreement by either party, the OWNER shall, within 15 calendar days of termination, pay the ENGINEER for all services rendered and all reimbursable costs incurred by the ENGINEER up to the date of termination, in accordance with the payment provisions of this Agreement. 6.05 Controlling Law A. This Agreement is to be governed by the laws of the State of Iowa. 6.06 Dispute Resolution A. OWNER and ENGINEER agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice prior to other provisions of this Agreement, or under law. Project No. 12 - 517 Water's Edge Aquatic Design 09-24-12 Page 3 of 6 Pool Evaluation and Feasibility Study Waterloo, IA B. OWNER and ENGINEER agree to use mediation for dispute resolution if the previously described negotiation process is not successful. 6.07 Allocation of Risks A. To the fullest extent permitted by law, ENGINEER agrees to indemnify and hold harmless the OWNER, its officers, directors and employees against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the ENGINEER's negligent performance of professional services under this Agreement or anyone for whom the ENGINEER is legally liable. B. To the fullest extent permitted by law, OWNER agrees to indemnify and hold harmless the ENGINEER, its officers, directors, employees and subconsultants against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the OWNER's negligent acts in connection with the Project or anyone for whom the OWNER is legally liable. Project No. 12 - 517 Page 4 of 6 Pool Evaluation and Feasibility Study Water's Edge Aquatic Design Waterloo, IA 09-24-12 APPENDIX B — ENGINEER'S RESPONSIBILITIES The Agreement is amended and supplemented to include the following Agreement of the parties. ENGINEER will provide basic engineering services for the PROJECT as set forth below. 1.01 Pool Evaluation Study A. ENGINEER will complete the following pool evaluation tasks: 1. On site review of all pool facilities by IA licensed engineer. 2. Identify safety concerns. 3. Compare current facilities with current codes and standards. 4. Assess aluminum shell condition, including taking coupons to determine corrosion status. 5. Identify material deterioration. 6. Discuss renovation potential and remaining life. 7. Verify pool water treatment design criteria. 8. Assess building condition. 9. Review ADA features. 10. Summarize aquatic features and facilities. 11. Recommend safety improvements. 12. Recommend repairs. 13. Suggest potential enhancements. 14. Provide color copies of a written summary report. 15. Develop a cost summary for the PROJECT, including capital and operating costs. 16. Meet with OWNER to review the findings and recommendations. (2 minimum) 1.02 Aquatic Feasibility Study A. Following review by OWNER of the evaluation study, ENGINEER will: 1. Meet with you several times to listen to your goals and review our findings and recommendations. 2. Solicit public comments and opinions using meetings, web site and social media. 3. Prepare concept layouts for suggested options and provide photo examples of suggested features. 4. Provide an executive summary with recommendations. 5. Review the overall condition — a summary of the previous evaluation. 6. Provide demographics — population, age groups and income. 7. Summarize market competition — where your citizens go to swim. 8. Develop a program focus — aquatic services and programs. 9. Outline aquatic planning options. Project No. 12 - 517 Water's Edge Aquatic Design 09-24-12 Page 5 of 6 Pool Evaluation and Feasibility Study Waterloo, IA 10. Provide options for pool renovation, enhancement and new pools. 11. Capital costs for each considered option. 12. Prepare operating costs for each considered option. 13. Provide ongoing maintenance costs for each considered option. 14. Provide planning information — annual cost comparison of options. 15. Summarize our recommendations. 16. Summarize all our work in a written report. 17. Provide you with color copies of the final report. 18. Present our report to the group of your choice. APPENDIX C - OWNER'S RESPONSIBILITIES The Agreement is amended and supplemented to include the following Agreement of the parties. In addition to other responsibilities of OWNER as set forth in this Agreement, OWNER shall: A. Provide ENGINEER with all criteria and full information as to OWNER's requirements for the PROJECT, including design objectives and constraints and any budgetary limitations. B. Furnish to ENGINEER any other available information pertinent to the PROJECT including reports and data relative to previous designs, or investigation at or adjacent to the Site. C. Following ENGINEER's assessment of initially -available PROJECT information and data and upon ENGINEER's request, furnish or otherwise make available such additional PROJECT related information and data as is reasonably required to enable ENGINEER to complete its Basic and Additional Services. D. Authorize ENGINEER to provide Additional Services as required by OWNER. E. Examine all alternate solutions, reports, sketches, Drawings, proposals, and other documents presented by ENGINEER (including obtaining advice of an attorney, insurance counselor, and other advisors or ENGINEER's as OWNER deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. Project No. 12 - 517 Water's Edge Aquatic Design 09-24-12 Page 6 of 6 Pool Evaluation and Feasibility Study Waterloo, IA