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HomeMy WebLinkAboutAment Inc-9/10/2012AMENT, INC. 2327 Falls Avenue Suite 8 Waterloo, IA 50701 AGREEMENT August 31, 2012 Mr. Jamie Knutson, PE Associate Engineer City of Waterloo Engineering Department 715 Mulberry Street Waterloo, IA 50703 RE: Proposal for Construction Phase Services — Virden Creek Tributary Drainage Improvement Project from U.S. 63 to Virden Creek City of Waterloo, Iowa Dear Mr. Knutson: Thank you for the opportunity to submit this proposal for design services. This proposal is based on our understanding of your project needs as developed from our Study for the Virden Creek Tributary Drainage Study, dated September 6, 2006, our design for the Virden Creek Tributary Drainage Improvements dated August 22, 2008, and our meeting and discussions with you. PROJECT DESCRIPTION Ament, Inc. will perform the additional design as well as the construction phase services for the Virden Creek Tributary Drainage Improvement project. The project will include design for the additional drainage swale improvements of an approximately 300 foot channel with grassed side slopes, west of US Highway 63 including the connection to the existing low point approximately 300 feet west of US Highway 63 (Logan Avenue) and ending at the connection to the existing culverts at US Highway 63. The base of the channel will be determined during design dependant on the slope of the channel and the ability to maintain within the channel. If the slope is shallow, a concrete base will be planned. Included in this design is the additional design of sanitary sewer service connections with crossings under US Highway 63 for 2672 and 2736 Logan Avenue. Also included in the design phase of the project will be the revision for the connection of the Virden Creek Tributary Drainage Improvements with Virden Creek. The revisions include adjusting the alignment at the very east end of the Virden Creek Tributary Drainage Improvements to angle more to the south, so the connection to Virden Creek is less than the nearly 90 degree angle previously designed. Due to this revision and the change of the property owner the property acquisition plat and temporary easement information will be updated for the City to use during the acquisition of property for the project. R:\g00406.02\word\G0041202 Virden Creek CA Agreement 8-31-2012 Also included in the project will be construction phase services. These services will be for the construction observation and administration of the previously designed Virden Creek Tributary Drainage Improvements as well as the proposed additional design included in this project. SCOPE OF SERVICES Ament, Inc. will provide the following scope of services: Design Phase Services 1. Review of previously completed Virden Creek Tributary Drainage Study and Virden Creek Tributary Drainage Improvements design. 2. Topographic survey of the design area and proposed right-of-way for the proposed additional improvements for the north channel of the Virden Creek Tributary Drainage Improvements. Included in the survey are existing surface utility locations, existing paving edges, existing buildings, and the existing ground surface. Underground utilities will be included as received through an Iowa Design Information and Design Locate System Request. 3. Generate base map of the proposed additional improvements to be incorporated with previously created base map including 1 -foot contours and spot elevations as necessary for use in civil design and preparation of a site plan. 4. Establish horizontal and vertical alignments for the proposed additional improvements to be in conjunction with previously designed improvements. Establish horizontal and vertical alignments for the proposed revision of the connection for the Virden Creek Tributary Drainage Improvements to Virden Creek. The proposed revision is expected to be accomplished with adjustments to the last 50 feet of the previously designed alignment. 5. Preparation of a typical section for the proposed additional drainage way. 6. Prepare a grading plan for the additional drainage way to be added to the previously designed Virden Creek Tributary Drainage Improvements. 7. Prepare cross-sections for the additional drainage way to be added to the previously designed Virden Creek Tributary Drainage Improvements. 8. Prepare an updated Storm Water Pollution Prevention Plan to include additional area as well as changes due to regulation changes. 9. Prepare Iowa Department of Natural Resources general NPDES permit and a floodplain permit. 10. prepare Iowa Department of Transportation Utility Accommodation permit. 11. Develop an updated Project Manual, including contract documents and technical specifications based on City of Waterloo specifications 12. Determine the updated anticipated construction quantities and prepare an Engineer's Opinion of Anticipated Construction Costs for the Project. 13. Prepare and distribute and "Unofficial Project Notice" to contractors. 14. Answer questions from contractors during the bid period. 15. Prepare a bid tabulation. 16. Prepare a letter recommending award of the Project. Platting Services 1. Update the permanent and temporary easement exhibit for one (1) property due to the minor design change of the connection for the Virden Creek Tributary to Virden Creek and a property owner change. R:\g00406.02\word1G0041202 Virden Creek CA Agreement 8-31-2012 Construction Phase Services 1. Conduct the Pre -Construction Conference 2. Review shop drawings and respond to questions from fabricators and/or installers. 3. Provide "half-time" construction observation during construction. Half-time construction observation is defined as approximately 20 hours per week with additional periodic site visits as required. 12 weeks of construction time is expected. 4. Keep logs of materials used and construction completed to date. 5. Provide Concrete Air, Slump and Cylinder testing and Subgrade and Subbase onsite density testing. Testing to be coordinated through Terracon with testing frequencies planned as 1 per 100 CY or 1 per day for concrete and 1 per 400 SY for subgrade and subbase. 6. Provide construction staking of the proposed Virden Creek Tributary Drainage Improvements including toe and top of slope, headwalls, concrete channel with and without retaining wall, and outlet connection to Virden Creek. 7. Participate in construction Progress Meetings. 8. Review and approve pay requests. 9. Prepare Change Orders, if required. 10. Prepare a set of construction record drawings for use by the City of Waterloo. The construction record drawings will be prepared by combining information provided by the contractor and the information gathered in the field by our construction observer. DELIVERABLES Ament, Inc. will deliver up to forty (40) copies of the Plans and Project Manual for distribution to Contractors to the City of Waterloo Engineering Department. One set of Construction Record Drawings for the City of Waterloo Engineering Department. SCHEDULE We will begin our services after receipt of the executed Agreement, which will serve as a notice to proceed. The Plans and Project Manual will be prepared this fall for a letting date in early 2013. It is assumed property acquisitions to progress during fall and may carry over into early 2013. COMPENSATION We will provide the above Scope of Services for a lump sum fee of One Hundred Two Thousand Eight Hundred dollars and no cents ($102,800.00). This fee is separated by includes tasks as follows: Design phase services: $30,900.00 Platting services: $ 450.00 Construction phase services: $64,850.00 Materials testing: $ 6,600.00 The terms of this proposal are valid for 30 days from the date of this document. R:\g00406.02\word\G0041202 Virden Creek CA Agreement 8-31-2012 CLIENT RESPONSIBILITIES The City will provide the following: 1. A representative(s) to meet with Ament, Inc. staff, as necessary, to assist with the development of the project deliverables. 2. Negotiation and acquisition of right-of-way, permanent easements and temporary easements. 3. Distribution of Plans and Project Manual to contractors. 4. Payment of all fees relating to the Project. AGREEMENT We have attached our Terms and Conditions that are considered part of this proposal. Please sign and date this proposal and return three copies to us. Retain one copy for your records. We will notify you when we have received the signed documents. Thank you for considering this proposal. We look forward to working with you on this project. If you have any questions concerning this proposal, please contact us at (319) 233-1323. Sincerely, AMENT, INC. Rob J. Haaland, PE Project Manager Attachments: Terms and Conditions, Ament, Inc. Terracon Estimate of Work CITY OF WATERLOO, IOWA BY: DATE: 6711«4 NOTICE TO PROCEED AMENT, INC. BY: R:\g00406.02\word\G0041202 Virden Creek CA Agreement 8-31-2012 DATE: /3i /2 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 CONSULTANTS 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 CONSULTANTS 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 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 attomey'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 CONSULTANTS instru- ments 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. Unless otherwise specified within this agreement, 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 R:\g00406.02\word\G0041202 Virden Creek CA Agreement 8-31-2012 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 agreements. Should mediation, arbitration or litigation occur between the two parties relating to the provisions of this agreement, arbitration or litigation expenses, collection expenses, witness fees, court costs and attomey's fees incurred by the prevailing party shall be paid by the non -prevailing party to the prevailing party. 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 express 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 require any Contractor or Subcontractor performing work in connection with drawings and specifications produced under this agreement to hold harmless, indemnify and defend the CLIENT and the CONSULTANT, their consultants, and each of their officers, agents and employees from any and all liability claims, losses, or damage arising out of or alleged to arise from the Contractor's (or Subcontractor's) negligence in the performance of the work described in the construction contract documents, but not including liability that is due to the sole negligence of the CLIENT, the CONSULTANT, their consultants or their officers, agents and employees. 14. 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. 15. 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 fumished. 16. The CONSULTANT will notify the CLIENT of changes in scope of services and of adjustment in compensation by amendment to this Agreement. 17. 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 it's various forms. 18. 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. The CONSULTANT agrees to indemnify and save harmless the CLIENT, its agencies, agents, employees and assignees from all claims and liabilities due to design error, omission or negligent act of CONSULTANT, its members, agents, stockholders or employees in connection with performance of this Agreement. R:\g00406.02\word\G0041202 Virden Creek CA Agreement 8-31-2012 EXHIBIT C FEE SCHEDULE Virden Creek Tributary Drainageway Improvements Project Waterloo, Iowa UNIT RATES Senior Project Engineer Senior Project Manager Project Manager Sr. Engineering Technician Level IV Technician Level II Technician Administrative Services Nuclear Gauge Charge Standard Proctor (ASTM D 698) Compressive Strength of Concrete Cylinder Cylinder Molds Mileage Charge NOTE: Field services provided prior to 7:00 AM and after 5:00 PM are subject to ov $105.00/hour* $95.00/hour* $75.00/hour* $61.00/hour* $52.00/hour* $46.00/hour* $30.00/hour* $5.00/test $105.00/each $12.00/each $1.50/each $15.00/trip ertime rates Field services provided for Saturday, Sunday, and Holidays are subject to overtime rates. Minimum 1.5 hours for all field services. Subgrade Observation Senior Engineering Technician - $61.00/hour Hours Cost per Trip 1.5 106.50 Number of Trips 5 Field Density Testing of Site Fill Level II Technician - $ 46.00/Hour Hours Tests Cost per Trip 1.5 5 109.00 Number of Trips 12 Standard Proctor Tests - $105/test No. of Tests 3 Field Testing of Portland Cement Concrete - Cunette Level II Technician - $ 46.00/Hour Hours Cost per Trip 4 199.00 Number of Trips 10 Field Testing of Portland Cement Concrete - Structures Level II Technician - $ 46.00/Hour Hours Cost per Trip 2 107.00 Number of Trips 8 Laboratory Testing of Portland Cement Concrete Cylinders per Set No. of Sets 5 16 Cost $ 532.50 Cost $ 1,308.00 Cost $ 315.00 Cost $ 1,990.00 Cost $ 856.00 Cost per Set (includes Molds) Cost $ 67.50 $1,080.00 Engineering Services - Project direction, coordination and preparation of status reports Estimated Cost Cost $ 500.00 TOTAL ESTIMATED COST** **Cost based on estimation of contractor's schedule. Invoice will be based on actual number of hours and tests performed at listed unit rates. $ 6,581.50 Terracon Consultants, Inc. Confidential 8/29/2012 Page 1