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HomeMy WebLinkAboutAment Inc-9/13/2010AMENT, INC. ENGINEERING, ARCHITECTURE. SURVEYING AGREEMENT for 2010 Traffic Safety Fund Grant Design Services Traffic Safety Improvements at the Intersections of Williston Avenue & Baltimore Street and Williston Avenue & West 9th Street in Waterloo, Iowa Project No. CS -TSF -8155(717)-85-07 City of Waterloo Traffic Operations Department Project No. TRF -161 Ament, Inc. Project Number G29410.20 / Task 001 GENERAL This Agreement for engineering 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), as developed from discussions and correspondence with the CLIENT dating from Wednesday, May 5, 2010 to the present. PROJECT DESCRIPTION The City of Waterloo, Iowa intends to implement traffic signal modifications at two (2) intersections located within the City. These two intersections are at Williston Avenue and Baltimore Street and at Williston Avenue & West 9th Street. This project will utilize Iowa Department of Transportation (DOT) Traffic Safety Funds grant funding, as well as local funding, for both project construction materials and for engineering design services. The proposed construction Contract Documents will be used for a "materials only" local bid letting with project construction to be performed by City staff. The safety improvements that are envisioned include the following: At Williston Avenue and Baltimore Street and at Williston Avenue and West 9th Street : Complete re-signalization of each intersection by replacing the post -mounted signals with mast arm assemblies and mast arm -mounted signals and adding features such as pedestrian signals, pedestrian push buttons, and emergency vehicle pre-emption (EVP), as needed. iEDAR RAPIDS MOLINE CHICAGO WATERLOO 625 32ND AVENUE SW, CEDAR RAPIDS, IOWA 52404 TEL. 319/378-1401 FAX 319/378-1975 SCOPE OF SERVICES The CONSULTANT will provide engineering design supervision and drafting services for the project. The scope of services to be performed by the CONSULTANT shall be completed in accordance with generally accepted standards of practice and shall include the services and supplies to complete the following 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 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 Meeting — This meeting shall include select members of the project team (CLIENT and CONSULTANT). The purpose of the meeting 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 Schedule — 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 Scope — 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. Two (2) meetings are anticipated. CONSULTANT will keep, prepare, and distribute minutes of meetings to attendees in a timely manner. II. Research and Data Collection SNOT A PART OF THIS AGREEMENT1 This task will be performed by the CLIENT as part of their effort to perform field surveys and develop project base mapping for the two (2) project intersections. III. Preliminary Design Plans Design Services — This task includes direct supervision of the project design development 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 signal equipment (controller cabinet, signal bases, signal heads, detector loops and/or video detection areas, handholes, conduit, signing, etc.) at both intersections. 2 AMENT, INC. 2. Photographic / Video Review of Project Corridor — This task includes the preparation of photographs and/or videotape of the project intersections obtained while walking and/or driving through the area. The purpose of this task is to provide for the efficient review of the intersections during the design process. It may include times of peak hour traffic, if applicable, and drainage during rainfall events, if applicable. 3. Collection of Base Information — This task includes the collection of the project base mapping from the CLIENT for use in development of the project plans. The base mapping provided by the CLIENT 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 linetypes and symbols. Scales larger than this will be used as appropriate for the work involved. 4. Review Design Standards — This task includes the review of the design standards applicable to the development of the project. 5. Traffic Signals — This task includes the direct supervision of the design performed by the CLIENT and the preparation of detailed plans for 1) the removal of the existing traffic signal installation and the construction of a new isolated, fully -actuated traffic signal installation at each of the two (2) project intersections. Plans will include traffic signal layout; a wiring diagram; signal phasing and timings; loop detector and/or video detection area, handhole, and base locations; and a summary of anticipated traffic signal quantities. 6. Signing Plan — This task includes the direct supervision of the signing layout developed by the CLIENT and preparation of detailed plans for this layout. 7. 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. 8. 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 3 AMENT, INC. 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 signal installation items proposed for the two (2) project intersections 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 1. One (1) set of preliminary plans, draft Specifications and/or Special Provisions, and draft bidding documents, along with an accompanying transmittal letter, to both the CLIENT and the Iowa DOT. All submittals will be in PDF file format via e-mail or CONSULTANT's File Transfer Protocol (FTP) site. 2. One (1) set of reproducible final plans without original signatures; one (1) signed and sealed copy of the final plan set Title Sheet with original signatures; one (1) electronic copy of each Specifications and/or Special Provisions document, if any; one (1) electronic copy of the final Contract Documents; and one (1) copy of the final project cost opinion, along with an accompanying transmittal letter, to the CLIENT and to the Iowa DOT. All submittals will be in PDF file format via e-mail or CONSULTANT's File Transfer Protocol (FTP) site. The Specifications and Special Provisions documents may also be submitted in Microsoft Word® file format. The project cost opinion may also be submitted in Microsoft Excel® file format. SCHEDULE The CONSULTANT will begin its services after receipt of the executed Agreement, which will serve as the Notice to Proceed. The CONSULTANT will perform its services in accordance with the following schedule, unless modified by mutual agreement or by factors beyond the control of the CONSULTANT: Contract approval by CLIENT expected by June 1, 2010. Project Kick-off Meeting expected to be conducted by June 4, 2010. Preliminary Plans and Contract Documents prepared and submitted within one (1) month after receipt of preliminary traffic signal design layout, draft Specifications and/or Special Provisions, and draft Bidding Documents from CLIENT. 4 AMENT, INC. Final Plans, Final Specifications and/or Special Provisions, Final Cost Opinion, and Final Contract Documents prepared and submitted within two (2) weeks after receipt of updated traffic signal design, Specifications and/or Special Provisions, Bidding Documents, and quantities and bid item unit prices from CLIENT. COMPENSATION We will provide the Scope of Services on a Standard Hourly Rate plus reimbursable expenses basis, using the rates that are current at the time the work is performed. See Attachment A. The anticipated fee for these services is $9,800 for the services rendered by principals and employees engaged directly on the project and for reimbursable expenses. If at any time during the work the CONSULTANT determines that its actual costs will exceed the anticipated fee, it will promptly so notify the CLIENT in writing and describe what costs are causing the overrun and the reason. The CONSULTANT shall not exceed the anticipated fee amount without the prior written approval of the CLIENT. 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. CLIENT RESPONSIBILITIES It will be Client's responsibility to provide the following: 1. Base mapping for both project intersections in MicroStation electronic file format with appropriate symbols and linetypes at a scale that does not require redevelopment or reconfiguration by the CONSULTANT. 2. A rough conceptual layout of the proposed location of new mast arms, signal heads, controller cabinet and existing and/or proposed lane configurations for the street approaches at the two (2) project intersections. 3. Proposed traffic signal design and traffic signal layout including a wiring diagram; signal phasing and timings; loop detector and/or video detection area, handhole, and base locations; a summary of anticipated traffic signal quantities, and a "materials only" project cost opinion that utilizes bid item unit prices developed by the CLIENT. 4. Electronic files of the standard drawings and specifications and Special Provisions developed by the CLIENT for traffic signal equipment and traffic control signing. 5. Electronic Word® files of the Contract Document (bidding documents) developed by the CLIENT for the local letting for this Project. 5 AMENT, INC. ADDITIONAL SERVICES None. Terms and Conditions of the Agreement The attached Terms and Conditions are considered part of this Agreement. AGREEMENT CLIENT: itv of Waterloo Iowa BY: DATE: Le f(14-1,96(6 ATTEST`" bah �,,_ -D DATE: U-114 90(0 AMENT BY: DATE: j ATTEST: ACc DATE: 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 attorneys 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 governed 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 agreements. Any costs incurred for a mediator, plus his or her expenses, shall be shared equally between the parties involved in the mediation. 7 AMENT, INC. 9. Neither party shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, walkouts, accidents, government 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 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 CONSULTANT'S 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 CONSULTANT'S 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. ATTACHMENT A ATTACHMENT A COST ANALYSIS SHEET Contract TRF -161 Base Agreement Project Number: CS -TSF -8155(717)--85-07 I. Standard Hourly Rates Employee Classification Hours Rate Amount E8 - Principal 1 $150.00 $150.00 E6 - Project Manager 44 $120.00 5,280.00 E4 - Project Engineer 0 $100.00 0.00 D4 - Designer 34 $100.00 3,400.00 T4 - Technician 0 $75.00 0.00 T3 - Technician 0 $65.00 0.00 A4 - Administration 0 $120.00 0.00 A3 - Administration 1 $100.00 100.00 C3 - Clerical 1 $50.00 50.00 Direct Labor Total 81 $8,980.00 II. Service Center Charges Hours Rate Amount Computer 81 $7.00 $567.00 Communications 81 $1.00 81.00 Survey 0 $5.00 0.00 Total Service Center Charges = $648.00 III. Direct Project Expenses Quantity Rate Amount Mileage (miles) 221.54 $0.650 $144.00 Reproductions (each) 100 $0.28 28.00 Postage (oz.) 0 $0.44 0.00 GPS Equipment (hours) 0 $50.00 0.00 Total Direct Expenses = $172.00 IV. Subconsultant Costs None (Standard Hourly Rates + Reim. Expenses) $0.00 Total Subconsultants = $0.00 V. Anticipated Actual Costs (I + II + III + IV) = $9,800.00 9 AMENT, INC.