HomeMy WebLinkAboutAment - Ansborough from US 20 to San Marnan Drive Improvements - 4/2/2018ANSBOROUGH AVENUE FROM U.S. 20 TO SAN MARNAN DRIVE IMPROVEMENTS
CONSTRUCTION PHASE SERVICES
CITY OF WATERLOO, IOWA PROFESSIONAL SERVICE AGREEMENT
This Agreement is made and entered by and between Ament Design, 625 32nd Avenue SW,
Cedar Rapids, Iowa, hereinafter referred to as "AMENT" and City of Waterloo, Iowa, hereinafter
referred to as "CLIENT."
IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as
follows:
I. SCOPE OF SERVICES
AMENT shall perform professional Services (the "Services") in connection with CLIENT's
facilities in accordance with the Scope of Services set forth in Attachment A attached hereto.
II. AMENT'S RESPONSIBILITIES
AMENT shall, subject to the terms and provisions of this Agreement:
(a) Appoint one or more individuals who shall be authorized to act on behalf of AMENT
and with whom CLIENT may consult at all reasonable times, and whose instructions,
requests, and decisions will be binding upon AMENT as to all matters pertaining to
this Agreement and the performance of the parties hereunder.
(b) Use all reasonable efforts to complete the Services within the time period mutually
agreed upon, except for reasons beyond its control. Schedule shall be as defined in
Attachment B.
(c) Perform the Services in accordance with generally accepted professional engineering
standards in existence at the time of performance of the Services. If during the two-
year period following the completion of Services, it is shown that there is an error in
the Services solely as a result of AMENT's failure to meet these standards, AMENT
shall reperform such substandard Services as may be necessary to remedy such
error at no cost to CLIENT. Since AMENT has no control over local conditions, the
cost of labor and materials, or over competitive bidding and market conditions,
AMENT does not guarantee the accuracy of any construction cost estimates as
compared to contractor's bids or the actual cost to the CLIENT. AMENT makes no
other warranties either express or implied and the parties' rights, liabilities,
responsibilities and remedies with respect to the quality of Services, including claims
alleging negligence, breach of warranty and breach of contract, shall be exclusively
those set forth herein.
(d) AMENT shall, if requested in writing by CLIENT, for the protection of CLIENT, require
from all vendors and subcontractors from which AMENT procures equipment,
materials or services for the project, guarantees with respect to such equipment,
materials and services. All such guarantees shall be made available to CLIENT to
the full extent of the terms thereof. AMENT's liability with respect to such equipment,
and materials obtained from vendors or services from subcontractors, shall be limited
to procuring guarantees from such vendors or subcontractors and rendering all
reasonable assistance to CLIENT for the purpose of enforcing the same.
(e) AMENT will be providing estimates of costs to the CLIENT covering an extended
period of time. AMENT does not have control over any such costs, including, but not
limited to, costs of labor, material, equipment or services furnished by others or over
competitive bidding, marketing or negotiating conditions, or construction contractors'
methods of determining their prices. Accordingly, it is acknowledged and understood
that any estimates, projections or opinions of probable project costs provided herein
by AMENT are estimates only, made on the basis of AMENT's experience and
represent AMENT's reasonable judgment as a qualified professional. AM ENT does
not guaranty that proposals, bids or actual project costs will not vary from the opinions
of probable costs prepared by AMENT, and the CLIENT waives any and all claims
that it may have against AMENT as a result of any such variance.
III. CLIENT'S RESPONSIBILITIES
CLIENT shall at such times as may be required for the successful and expeditious completion
of the Services;
(a) Provide all criteria and information as to CLIENT's requirements; obtain all necessary
approvals and permits required from all governmental authorities having jurisdiction
over the project; and designate a person with authority to act on CLIENT's behalf on
all matters concerning the Services.
(b) Furnish to AMENT all existing studies, reports and other available data pertinent to
the Services, and obtain additional reports, data and services as may be required for
the project. AMENT shall be entitled to rely upon all such information, data and the
results of such other services in performing its Services hereunder.
IV. INDEMNIFICATION
AMENT agrees to indemnify and hold harmless CLIENT from and against any and all suits,
actions, damages, loss, liability or costs (including, without limitation, reasonable attorneys'
fees directly related thereto) for bodily injury or death of any person or damage to third party
property if and to the extent arising from the negligent errors or omissions or willful misconduct
of AMENT during the performance of the Services hereunder.
V. INSURANCE
Commencing with the performance of the Services, and continuing until the earlier of
acceptance of the Services or termination of this Agreement, AMENT shall maintain standard
insurance policies as follows:
(a) Workers' Compensation and/or all other Social Insurance in accordance with the
statutory requirements of the state having jurisdiction over AMENT's employees who
are engaged in the Services, with Employer's Liability not less than One Hundred
Thousand Dollars ($100,000) each accident;
(b) Commercial General Bodily Injury and Property Damage Liability and Automobile
liability insurance including (owned, non -owned, or hired), each in a combined single
limit of One Million Dollars ($1,000,000) each occurrence for bodily injury and
property damage liability. This policy includes Contractual Liability coverage.
AM ENT agrees to name CLIENT as Additional Insured on this policy, but only to the
extent of AMENT's negligence under this Agreement and only to the extent of the
insurance limits specified herein.
(c) Professional Liability Insurance with limits of $1,000,000 per claim and in the
aggregate covering AMENT against all sums which AMENT may become legally
obligated to pay on account of any professional liability arising out of the performance
of this Agreement.
AMENT agrees to provide CLIENT with certificates of insurance evidencing the above
described coverage prior to the start of Services hereunder and annually thereafter if required.
AMENT shall provide prompt notice to the CLIENT in the event of cancellation, material
change, or nonrenewal per standard ISO Acord Form wording and the policy provisions.
VI. COMPENSATION AND TERMS OF PAYMENT
Compensation for the services shall be on an hourly basis in accordance with the hourly fees
and other direct expenses in effect at the time the services are performed. Total
compensation is a not -to -exceed fee of ninety-one thousand twenty Dollars and no cents
($91,020.00). The fee is broken down in Attachment B.
AMENT may bill the CLIENT monthly for services completed at the time of billing. CLIENT
agrees to pay AMENT the full amount of such invoice within thirty (30) days after receipt
thereof. In the event CLIENT disputes any invoice item, CLIENT shall give AMENT written
notice of such disputed item within ten (10) days after receipt of invoice and shall pay to
AMENT the undisputed portion of the invoice according to the provisions hereof. CLIENT
agrees to abide by any applicable statutory prompt pay provisions currently in effect.
VII. TERMINATION
CLIENT may, with or without cause, terminate the Services at any time upon fourteen (14)
days written notice to AMENT. The obligation to provide further Services under this
Agreement may be terminated by either party upon fourteen (14) days' written notice in the
event of substantial failure by the other party to perform in accordance with the terms hereof
through no fault of the terminating party, providing such defaulting party has not cured such
failure, or, in the event of a non -monetary default, commenced reasonable actions to cure
such failure. In either case, AMENT will be paid for all expenses incurred and Services
rendered to the date of the termination in accordance with compensation terms of Article VI.
VIII. OWNERSHIP OF DOCUMENTS
(a) Sealed original drawings, specifications, final project specific calculations and other
instruments of service which AMENT prepares and delivers to CLIENT pursuant to
this Agreement shall become the property of CLIENT when AMENT has been
compensated for Services rendered. CLIENT shall have the right to use such
instruments of service solely for the purpose of the construction, operation and
maintenance of the Facilities. Any other use or reuse of original or altered files shall
be at CLIENT's sole risk without liability or legal exposure to AMENT and CLIENT
agrees to release, defend and hold AMENT harmless from and against all claims or
suits asserted against AMENT in the event such documents are used for a purpose
different than originally prepared even though such claims or suits may be based on
allegations of negligence by AMENT. Nothing contained in this paragraph shall be
construed as limiting or depriving AMENT of its rights to use its basic knowledge and
skills to design or carry out other projects or work for itself or others, whether or not
such other projects or work are similar to the work to be performed pursuant to this
Agreement.
(b) Any files delivered in electronic medium may not work on systems and software
different than those with which they were originally produced and AMENT makes no
warranty as to the compatibility of these files with any other system or software.
Because of the potential degradation of electronic medium over time, in the event of
a conflict between the sealed original drawings and the electronic files, the sealed
drawings will govern.
IX. MEANS AND METHODS
(a)
AMENT shall not have control or charge of and shall not be responsible for
construction means, methods, techniques, sequences or procedures, or for safety
measures and programs including enforcement of Federal and State safety
requirements, in connection with construction work performed by CLIENT's
construction contractors. Nor shall AMENT be responsible for the supervision of
CLIENT's construction contractors, subcontractors or of any of their employees,
agents and representatives of such contractors; or for inspecting machinery,
construction equipment and tools used and employed by contractors and
subcontractors on CLIENT's construction projects and shall not have the right to stop
or reject work without the thorough evaluation and approval of the CLIENT. In no
event shall AMENT be liable for the acts or omissions of CLIENT's construction
contractors, subcontractors or any persons or entities performing any of the
construction work, or for the failure of any of them to carry out construction work under
contracts with CLIENT.
(b) In order that AMENT may be fully protected against such third -party claims, CLIENT
agrees to obtain and maintain for the benefit of AMENT the same indemnities and
insurance benefits obtained for the protection of the CLIENT from any contractor or
subcontractor working on the project and shall obtain from that
contractor/subcontractor insurance certificates evidencing AMENT as an additional
named insured.
X. INDEPENDENT CONTRACTOR
AMENT shall be an independent contractor with respect to the Services to be performed
hereunder. Neither AMENT nor its subcontractors, nor the employees of either, shall be
deemed to be the servants, employees, or agents of CLIENT.
XI. PRE-EXISTING CONDITIONS
Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and
liability for any and all pre-existing contamination shall at all times remain with CLIENT. "Pre-
existing contamination" is any hazardous or toxic substance present at the site or sites
concerned which was not brought onto such site or sites by AMENT. CLIENT agrees to
release, defend, indemnify and hold AMENT harmless from and against any and all liability
which may in any manner arise in any way directly or indirectly caused by such pre-existing
contamination except if such liability arises from AMENT's sole negligence or willful
misconduct.
CLIENT shall, at CLIENT's sole expense and risk, arrange for handling, storage,
transportation, treatment and delivery for disposal of pre-existing contamination. CLIENT
shall be solely responsible for obtaining a disposal site for such material. CLIENT shall look
to the disposal facility and/or transporter for any responsibility or liability arising from improper
disposal or transportation of such waste. AMENT shall not have or exert any control over
CLIENT in CLIENT's obligations or responsibilities as a generator in the storage,
transportation, treatment or disposal of any pre-existing contamination. CLIENT shall
complete and execute any governmentally required forms relating to regulated activities
including, but not limited to generation, storage, handling, treatment, transportation, or
disposal of pre-existing contamination. In the event that AM ENT executes or completes any
governmentally required forms relating to regulated activities including but not limited to
storage, generation, treatment, transportation, handling or disposal of hazardous or toxic
materials, AMENT shall be and be deemed to have acted as CLIENT's agent.
For AMENT's Services requiring drilling, boring, excavation or soils sampling, CLIENT shall
approve selection of the contractors to perform such services, all site locations, and provide
AMENT with all necessary information regarding the presence of underground hazards,
utilities, structures and conditions at the site.
XII. LIMITATION OF LIABILITY
CLIENT agrees that AMENT's liability for the act, error or omission in its performance of
services under this Agreement shall in no event exceed the amount of the total compensation
received by AMENT. It is intended by the parties to this Agreement that AMENT's services
in connection with the project anticipated herein shall not subject AMENT's individual
employees, officers, or directors to any personal legal exposure for the risks associated with
this project.
XIII. DISPUTE RESOLUTION
If a dispute arises out of, or relates to, the breach of this Agreement and if the dispute cannot
be settled through negotiation, then AM ENT and the CLIENT agree to submit the dispute to
mediation. In the event AMENT or the CLIENT desires to mediate any dispute, that party
shall notify the other party in writing of the dispute desired to be mediated. If the parties are
unable to resolve their differences within 10 days of the receipt of such notice, such dispute
shall be submitted for mediation in accordance with the procedures and rules of the American
Arbitration Association (or any successor organization) then in effect. The deadline for
submitting the dispute to mediation can be changed if the parties mutually agree in writing to
extend the time between receipt of notice and submission to mediation. The expenses of the
mediator shall be shared 50 percent by AMENT and 50 percent by the CLIENT. This
requirement to seek mediation shall be a condition required before filing an action at law or in
equity. However, prior to or during the negotiations or the mediation either party may initiate
litigation that would otherwise be barred by a statute of limitations, and AM ENT may pursue
any property liens or other rights it may have to obtain security for the payment of its invoices.
XIV. MISCELLANEOUS
(a) This Agreement constitutes the entire agreement between the parties hereto and
supersedes any oral or written representations, understandings, proposals, or
communications heretofore entered into by or on account of the parties and may not
be changed, modified, or amended except in writing signed by the parties hereto. In
the event of any conflict between this contract document and any of the exhibits
hereto, the terms and provisions of this contract document shall control. In the event
of any conflict among the exhibits, the exhibit of the latest date shall control.
(b) This Agreement shall be governed by the laws of the State of Iowa.
(c) AMENT may subcontract any portion of the Services to a subcontractor approved by
CLIENT. In no case shall CLIENT's approval of any subcontract relieve AMENT of
any of its obligations under this Agreement.
(d) In no event shall either party be liable to the other for indirect or consequential
damages, including, but not limited to, loss of use, loss of profit or interruption of
business, whether arising in contract, tort (including negligence), statute, or strict
liability.
(e) In the event CLIENT uses a purchase order form to administer this Agreement, the
use of such form shall be for convenience purposes only, and any typed provision in
conflict with the terms of this Agreement and all preprinted terms and conditions
contained in or on such forms shall be deemed stricken and null and void.
(f)
This Agreement gives no rights or benefits to anyone other than CLIENT and AMENT
and does not create any third -party beneficiaries to the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year
written below.
APPROVED FOR CLIENT APPROVED FOR AMENT DESIGN
By I Vi i o ✓l 1
Printed Name. &\1e n�
Title.
By: I��`C..�zst�� -�✓ . ��(rC�
Printed Name: Michael G. Dryden, P.E.
Title: Secretary/Treasurer
Date � ?D‘ ) 0 Date:
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ATTACHMENT A
Scope of Services
Scope of Services
The scope of services to be performed by AMENT shall be completed in accordance with generally accepted
standards of practice and shall include the services and supplies to perform tasks listed below.
Project Management
Project Management will involve managing the scope, schedule, and budget for the Project. It will involve
overseeing and directing the members of the Project Team including AM ENT's staff and AMENT's Consultants. It
will include ongoing communications with the CLIENT (correspondence, phone calls, etc.) and the preparation
and submittal of monthly invoices to the CLIENT for reimbursement of costs and fees.
A. Track Project Schedule — This task involves tracking the project schedule throughout the length of the
construction -related services phase. This will be done to determine if the performance of the construction -
related services is in conformance with the project schedule.
This task includes the preparation of written instructions for project staff providing background, names of
contacts, communications procedures, responsibilities, schedule and budget information, and other important
elements for the project. This task also includes the development of a graphic project schedule indicating
critical dates, milestones, and deliverables and the preparation of a detailed work plan with specific staff
assignments, by task, corresponding to the schedule.
B. Monitor Project Scope — This task involves monitoring the project scope throughout the length of the
construction -related services phase. This will be done to identify needed services that are not included in the
scope of the construction -related services contract. AMENT will make the CLIENT representative aware of
potential change orders to the construction -related services contract before the additional services are
performed.
C. Consultant Management — This task involves the preparation of subcontracts and work orders for AMENT's
Consultants. This task also includes monitoring AM ENT's Consultant activities, reviewing AM ENT's
Consultant invoices, and submitting to the CLIENT for payment. This task also includes reviewing AM ENT's
Consultant work for technical accuracy and conformance with project requirements. The Consultants that are
anticipated are:
• Team Services — materials testing
D. Quality Control Plan — This task involves establishment of review and checking procedures for Project
deliverables. AMENT will designate responsibility for implementation of the plan.
11. Construction -Related Services
A. Construction Surveys — This task includes the provision of horizontal and vertical field survey control in
sufficient quantity, as necessary, to construct the project. This task also includes office calculations and the
provision of field survey construction offsets and elevation staking, as needed by the Contractor, to construct
the Project improvements. Project elements to be staked and/or checked include;
1. removal limits for pavement and sidewalk;
2. subgrade and grading;
3. storm sewer structures / adjustments / pipe and box culvert bends;
4. sanitary sewer;
5. retaining walls;
6. traffic signal and controller cabinet bases and handholes;
7. paving;
8. trail and pedestrian ramps; and
9. right-of-way and temporary construction easement boundaries.
This task also includes checking the constructed pedestrian ramps for compliance with design requirements.
B. AMENT shall perform construction administration for the CLIENT during the Construction Phase of the
Project. AMENT shall perform nearly full-time construction observation for the CLIENT during the
Construction Phase of the Project.
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1. General Administration of Construction Contract — Consult with CLIENT and act as CLIENT's
representative. The extent and limitations of the duties, responsibilities and authority of AM ENT as
assigned shall not be modified, except as AMENT may otherwise agree in writing. All of CLIENT's
instructions to Contractor will be issued through AM ENT, who shall have authority to act on behalf of
CLIENT in dealings with Contractor to the extent provided in this Agreement except as otherwise
provided in writing.
2. Resident Project Representative (RPR) — Provide the services of an RPR at the Site to assist AMENT
and to provide more extensive observation of Contractor's work. Duties, responsibilities, and authority of
the RPR are as set forth in Attachment A-1. The furnishing of such RPR's services will not extend
AMENT's responsibilities or authority beyond the specific limits set forth elsewhere in this Agreement.
3. Pre -Construction Conference — Participate in a Pre -Construction Conference prior to commencement of
Work at the Site.
4. Visits to Site and Observation of Construction — In connection with observations of Contractor's work in
progress while it is in progress:
a. Make visits to the Site at intervals appropriate to the various stages of construction, as AM ENT
deems necessary, in order to observe as an experienced and qualified design professional the
progress and quality of the Work. Such visits and observations by AMENT, and the Resident Project
Representative, if any, are not intended to be exhaustive or to extend to every aspect of Contractor's
work in progress or to involve detailed inspections of Contractor's work in progress beyond the
responsibilities specifically assigned to AMENT in this Agreement and the Contract Documents, but
rather are to be limited to spot checking, selective sampling, and similar methods of general
observation of the Work based on AMENT's exercise of professional judgment as assisted by the
Resident Project Representative, if any. Based on information obtained during such visits and such
observations, AMENT will determine, in general, if Contractor's work is proceeding in accordance with
the Contract Documents, and AMENT shall keep CLIENT informed of the progress of the Work.
b. The purpose of AMENT's visits to, and representation by the Resident Project Representative, if any,
at the Site, will be to enable AMENT to better carry out the duties and responsibilities assigned to and
undertaken by AMENT during the Construction Phase, and, in addition, by the exercise of AMENT's
efforts as an experienced and qualified design professional, to provide for CLIENT a greater degree
of confidence that the completed Work will conform in general to the Contract Documents and that
the integrity of the design concept of the completed Project as a functioning whole as indicated in the
Contract Documents has been implemented and preserved by Contractor. AMENT shall not, during
such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or
have control over Contractor's work, nor shall AMENT have authority over or responsibility for the
means, methods, techniques, sequences, or procedures of construction selected by Contractor, for
safety precautions and programs incident to Contractor's work, or for any failure of Contractor to
comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work.
Accordingly, AMENT neither guarantees the performance of any Contractor nor assumes
responsibility for any Contractor's failure to furnish and perform its work in accordance with the
Contract Documents.
5. Defective Work — Recommend to CLIENT that Contractor's work be disapproved and rejected while it is in
progress if, on the basis of such observations, AMENT believes that such work will not produce a
completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity
of the design concept of the completed Project as a functioning whole as indicated in the Contract
Documents.
6. Clarifications and Interpretations; Field Orders — Issue necessary clarifications and interpretations of the
Contract Documents as appropriate to the orderly completion of Contractor's work. Such clarifications
and interpretations will be consistent with the intent of and reasonably inferable from the Contract
Documents. AMENT may issue Field Orders authorizing minor variations from the requirements of the
Contract Documents.
7. Change Orders and Work Change Directives — Recommend Change Orders and Work Change Directives
to CLIENT, as appropriate, and prepare Change Orders and Work Change Directives as required.
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8. Shop Drawings and Samples — Review and approve or take other appropriate action in respect to Shop
Drawings and Samples and other data which Contractor is required to submit, but only for conformance
with the information given in the Contract Documents and compatibility with the design concept of the
completed Project as a functioning whole as indicated in the Contract Documents. Such reviews and
approvals or other action will not extend to means, methods, techniques, sequences or procedures of
construction or to safety precautions and programs incident thereto. AM ENT has an obligation to meet
any Contractor's submittal schedule that has earlier been acceptable to AMENT.
9. Substitutes and "or -equal." — Evaluate and determine the acceptability of substitute or "or -equal" materials
and equipment proposed by Contractor.
10. Inspections and Tests — Require such special inspections or tests of Contractor's work as deemed
reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required
by Laws and Regulations or the Contract Documents. AM ENT's review of such certificates will be for the
purpose of determining that the results certified indicate compliance with the Contract Documents and will
not constitute an independent evaluation that the content or procedures of such inspections, tests, or
approvals comply with the requirements of the Contract Documents. AMENT shall be entitled to rely on
the results of such tests.
11. Disagreements between CLIENT and Contractor — Render formal written decisions on all claims of
CLIENT and Contractor relating to the acceptability of Contractor's work or the interpretation of the
requirements of the Contract Documents pertaining to the execution and progress of Contractor's work.
In rendering such decisions, AMENT shall be fair and not show partiality to CLIENT or Contractor and
shall not be liable in connection with any decision rendered in good faith in such capacity.
12. Applications for Payment — Based on AM ENT's observations as an experienced and qualified design
professional and on review of Applications for Payment and accompanying supporting documentation:
a. Determine the amounts that AMENT recommends Contractor be paid. Such recommendations of
payment will be in writing and will constitute AMENT's representation to CLIENT, based on such
observations and review, that, to the best of AM ENT's knowledge, information and belief, Contractor's
work has progressed to the point indicated, the quality of such work is generally in accordance with
the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon
Substantial Completion, to the results of any subsequent tests called for in the Contract Documents
and to any other qualifications stated in the recommendation), and the conditions precedent to
Contractor's being entitled to such payment appear to have been fulfilled in so far as it is AMENT's
responsibility to observe Contractor's work. In the case of unit price work, AMENT's
recommendations of payment will include final determinations of quantities and classifications of
Contractor's work (subject to any subsequent adjustments allowed by the Contract Documents).
b. By recommending any payment, AMENT shall not thereby be deemed to have represented that
observations made by AMENT to check the quality or quantity of Contractor's work as it is performed
and furnished have been exhaustive, extended to every aspect of Contractor's work in progress, or
involved detailed inspections of the Work beyond the responsibilities specifically assigned to AMENT
in this Agreement and the Contract Documents. Neither AMENT's review of Contractor's work for the
purposes of recommending payments nor AM ENT's recommendation of any payment including final
payment will impose on AM ENT responsibility to supervise, direct, or control Contractor's work in
progress or for the means, methods, techniques, sequences, or procedures of construction or safety
precautions or programs incident thereto, or Contractor's compliance with Laws and Regulations
applicable to Contractor's furnishing and performing the Work. It will also not impose responsibility on
AM ENT to make any examination to ascertain how or for what purposes Contractor has used the
moneys paid on account of the Contract Price, or to determine that title to any portion of the work in
progress, materials, or equipment has passed to CLIENT free and clear of any liens, claims, security
interests, or encumbrances, or that there may not be other matters at issue between CLIENT and
Contractor that might affect the amount that should be paid.
13. Contractor's Completion Documents.
a. Receive and review maintenance and operating instructions, schedules, and guarantees.
b. Receive bonds, certificates, or other evidence of insurance not previously submitted and required by
the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and
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other data approved, and the annotated record documents which are to be assembled by Contractor
in accordance with the Contract Documents to obtain final payment.
c. AM ENT shall transmit these documents to CLIENT.
14. Substantial Completion — Promptly after notice from Contractor that Contractor considers the entire Work
ready for its intended use, in company with CLIENT and Contractor, conduct an inspection to determine if
the Work is Substantially Complete. If after considering any objections of CLIENT, AM ENT considers the
Work Substantially Complete, AMENT shall deliver a certificate of Substantial Completion to CLIENT and
Contractor.
15. Additional Tasks. Perform or provide the following additional Construction Phase tasks or deliverables:
a. Attend weekly (or bi-monthly, if appropriate) progress meetings with Contractor and prepare and
circulate copies of minutes.
b. Perform weekly inspections of Storm Water Pollution Prevention Plan elements furnished, installed,
and maintained by Contractor, such as silt fence, inlet protection devices, etc. Robinson AMENTing
Company will perform a portion of this task.
c. Perform materials testing on engineered fill and subgrade and perform concrete (air and slump tests)
and record test results for Portland cement concrete (PCC) pavement, sidewalk, driveways, cast -in-
place structures, etc. in conformance with the requirements of the Iowa Department of Transportation
(DOT) Construction Manual. If required, prepare test cylinders, transport test specimens to the
laboratory, perform strength tests on test specimens, and prepare and document test results. Team
Services will perform this task.
d. Prepare and furnish to CLIENT Record Drawings showing appropriate record information based on
Project annotated record documents received from Contractor.
e. Provide one reproducible and correctable printed copy of as -built record drawings and electronic disk
in AutoCAD format of the as -built record drawings.
16. Final Notice of Acceptability of the Work — Conduct a final inspection to determine if the completed Work
of Contractor is acceptable so that AM ENT may recommend, in writing, final payment to Contractor.
Accompanying the recommendation for final payment, AM ENT shall also provide a notice that the Work is
acceptable to the best of AMENT's knowledge, information, and belief and based on the extent of the
services provided by AMENT under this Agreement.
C. Duration of Construction Phase — The Construction Phase will commence with the execution of the first
Construction Agreement for the Project or any part thereof and will terminate upon written recommendation by
AMENT for final payment to Contractors.
D. Limitation of AM ENT's Authority and Responsibilities — Neither AMENT's authority or responsibility under this
Agreement or under any other provision of the Contract Documents nor any decision made by AMENT in
good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or
performance of any authority or responsibility by AM ENT shall create, impose, or give rise to any duty in
contract, tort, or otherwise owed by AMENT to CONTRACTOR, any Subcontractor, any Supplier, any other
individual or entity, or to any surety for or employee or agent of any of them.
AMENT shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors,
suppliers, or of any other individual or entity performing or furnishing any of the Work. AMENT shall not be
responsible for failure of any Contractor to perform or furnish the Work in accordance with the Contract
Documents.
The limitations upon authority and responsibility set forth above shall also apply to AM ENT's Consultants,
Resident Project Representative, and assistants.
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III. Deliverables
A. AMENT Deliverables
1. Minutes of project review meetings to meeting attendees.
2. Monthly progress reports (submitted with project invoices) to CLIENT.
3. The deliverables indicated in Attachment A-1 to CLIENT, as appropriate.
IV. CLIENT's Responsibilities
MATERIAL AND INFORMATION TO BE PROVIDED BY THE CLIENT:
The CLIENT shall provide the following material and information related to the project:
A. PDF files of GIS data (or photocopies) of sewer utility records, water utility records, storm sewer
utility records, traffic signal records, miscellaneous utility records (as available), and record
drawings for adjacent improvements, if needed.
B. Site plans for adjacent properties, if needed.
C. Permit applications that are only available from the CLIENT that are necessary to commence with
the construction of the proposed improvements.
TASKS TO BE PERFORMED BY THE CLIENT:
The CLIENT shall perform the following tasks related to the project:
A. Attend pre -construction conference, construction progress and other job-related meetings, and
Substantial Completion and final payment inspections.
B. Conduct final inspection of the traffic signal installation (including control cabinet, traffic center
communications equipment and related equipment) by the Traffic Operations Department.
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This is ATTACHMENT A-1, consisting of three (3)
page(s), referred to in the agreement between the
CLIENT and Ament Design, effective March 12, 2018.
DUTIES, RESPONSIBILITIES, AND LIMITATIONS OF AUTHORITY OF
RESIDENT PROJECT REPRESENTATIVE
Resident Project Representative
A. CONSULTANT shall provide a Resident Project Representative ("RPR"), assistants, and other field staff to
assist CONSULTANT in observing progress and quality of the Work. The RPR, assistants, and other field
staff under this Attachment A-1 may provide full time representation or may provide representation to a lesser
degree.
B. Through such additional observations of Contractor's work in progress and field checks of materials and
equipment by the RPR and assistants, CONSULTANT shall endeavor to provide further protection for
CLIENT against defects and deficiencies in the Work. However, CONSULTANT shall not, during such visits
or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over the
Contractor's Work nor shall CONSULTANT have authority over or responsibility for the means, methods,
techniques, sequences, or procedures selected by Contractor, for safety precautions and programs incident
to the Contractor's work in progress, for any failure of Contractor to comply with Laws and Regulations
applicable to Contractor's performing and furnishing the Work, or responsibility of construction for Contractor's
failure to furnish and perform the Work in accordance with the Contract Documents. In addition, the specific
limitations set forth in Attachment A of the Agreement are applicable.
C. The duties and responsibilities of the RPR are limited to those of CONSULTANT in the Agreement with the
CLIENT and in the Contract Documents, and are further limited and described as follows:
1. General: RPR is CONSULTANT's agent at the Site, will act as directed by and under the supervision of
CONSULTANT, and will confer with CONSULTANT regarding RPR's actions. RPR's dealings in matters
pertaining to the Contractor's work in progress shall in general be with CONSULTANT and Contractor,
keeping CLIENT advised as necessary. RPR's dealings with subcontractors shall only be through or with
the full knowledge and approval of Contractor. RPR shall generally communicate with CLIENT with the
knowledge of and under the direction of CONSULTANT.
2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and
schedule of values prepared by Contractor and consult with CONSULTANT concerning acceptability.
3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences,
progress meetings, job conferences and other project -related meetings, and prepare and circulate copies
of minutes thereof.
4. Liaison:
a. Serve as CONSULTANT's liaison with Contractor, working principally through Contractor's
superintendent and assist in understanding the intent of the Contract Documents.
b. Assist CONSULTANT in serving as CLIENT's liaison with Contractor when Contractor's operations
affect CLIENT's on -Site operations.
c. Assist in obtaining from CLIENT additional details or information, when required for proper execution of
the Work.
5. Interpretation of Contract Documents: Report to CONSULTANT when clarifications and interpretations of
the Contract Documents are needed and transmit to Contractor clarifications and interpretations as
issued by CONSULTANT.
6. Shop Drawings and Samples:
a. Record date of receipt of Samples and approved Shop Drawings.
Page 6 of 8
b. Receive Samples which are furnished at the Site by Contractor, and notify CONSULTANT of availability
of Samples for examination.
c. Advise CONSULTANT and Contractor of the commencement of any portion of the Work requiring a
Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by
CONSULTANT.
7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or
Specifications and report with RPR's recommendations to CONSULTANT. Transmit to Contractor in
writing decisions as issued by CONSULTANT.
8. Review of Work and Rejection of Defective Work:
a. Conduct on -Site observations of Contractor's work in progress to assist CONSULTANT in determining if
the Work is in general proceeding in accordance with the Contract Documents.
b. Report to CONSULTANT whenever RPR believes that any part of Contractor's work in progress will not
produce a completed Project that conforms generally to the Contract Documents or will prejudice the
integrity of the design concept of the completed Project as a functioning whole as indicated in the
Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test
or approval required to be made; and advise CONSULTANT of that part of work in progress that RPR
believes should be corrected or rejected or should be uncovered for observation, or requires special
testing, inspection or approval.
9. Inspections, Tests, and System Startups:
a. Consult with CONSULTANT in advance of scheduled major inspections, tests, and systems startups of
important phases of the Work.
b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are
conducted in the presence of appropriate CLIENT's personnel, and that Contractor maintains adequate
records thereof.
c. Observe, record, and report to CONSULTANT appropriate details relative to the test procedures and
systems startups.
d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project,
record the results of these inspections, and report to CONSULTANT.
10. Records:
a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of
original Contract Documents including all Change Orders, Field Orders, Work Change Directives,
Addenda, additional Drawings issued subsequent to the execution of the Contract, CONSULTANT's
clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and
Sample submittals received from and delivered to Contractor, and other Project related documents.
b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather
conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or
changed conditions, Site visitors, daily activities, decisions, observations in general, and specific
observations in more detail as in the case of observing test procedures; and send copies to
CONSULTANT.
c. Record names, addresses and telephone numbers of all Contractors, subcontractors, and major
suppliers of materials and equipment.
d. Maintain records for use in preparing Project documentation.
e. Upon completion of the Work, furnish original set of all RPR Project documentation to CONSULTANT.
Page 7 of 8
11. Reports:
a. Furnish to CONSULTANT periodic reports as required of progress of the Work and of Contractor's
compliance with the progress schedule and schedule of Shop Drawing and Sample submittals.
b. Draft and recommend to CONSULTANT proposed Change Orders, Work Change Directives, and Field
Orders. Obtain backup material from Contractor.
c. Furnish to CONSULTANT and CLIENT copies of all inspection, test, and system startup reports.
d. Report immediately to CONSULTANT the occurrence of any Site accidents, any Hazardous
Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged
by fire or other causes.
12. Payment Requests: Review Applications for Payment with Contractor for compliance with the established
procedure for their submission and forward with recommendations to CONSULTANT, noting particularly
the relationship of the payment requested to the schedule of values, Work completed, and materials and
equipment delivered at the Site but not incorporated in the Work.
13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials
and equipment certificates, operation and maintenance manuals and other data required by the
Specifications to be assembled and furnished by Contractor are applicable to the items actually installed
and in accordance with the Contract Documents, and have these documents delivered to CONSULTANT
for review and forwarding to CLIENT prior to payment for that part of the Work.
14. Completion:
a. Before CONSULTANT issues a Certificate of Substantial Completion, submit to Contractor a list of
observed items requiring completion or correction.
b. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including
but not limited to those to be performed by public agencies having jurisdiction over the Work.
c. Participate in a final inspection in the company of CONSULTANT, CLIENT, and Contractor and prepare
a final list of items to be completed or corrected.
d. Observe whether all items on final list have been completed or corrected and make recommendations
to CONSULTANT concerning acceptance and issuance of the Notice of Acceptability of the Work.
D. Resident Project Representative shall not:
1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including
"or -equal" items).
2. Exceed limitations of CONSULTANT's authority as set forth in the Agreement or the Contract Documents.
3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's
superintendent.
4. Advise on, issue directions relative to or assume control over any aspect of the means, methods,
techniques, sequences or procedures of Contractor's work unless such advice or directions are
specifically required by the Contract Documents.
5. Advise on, issue directions regarding, or assume control over safety precautions and programs in
connection with the activities or operations of CLIENT or Contractor.
6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as
specifically authorized by CONSULTANT.
7. Accept Shop Drawing or Sample submittals from anyone other than Contractor.
8. Authorize CLIENT to occupy the Project in whole or in part.
Page 8 of 8
This is ATTACHMENT B, consisting of one (1) page(s),
referred to in the agreement between the City of
Waterloo & Ament Design, effective March 19, 2018
PROJECT SCHEDULE AND FEE
The scope of Services shall be completed in accordance with the following schedule unless modified by mutual
agreement or by factors beyond the control of the Consultant:
Contract approval
Bid Date
Start Construction
Construction Complete
Traffic Signals Complete
March 19, 2018
March 29, 2018
Approximately May 1, 2018
ApproximatelyJuly 20, 2018
Approximately October 31, 2018
Page 1 of 2
8
0
8
0
0
0
0
16
MMI====
IIMMM
MaiMEI
111111
The Project fee is broken down as follows:
LABOR
Technician
Land Surveying/Engineering
Admin
Classification
T1
T2
Intern
Eng
Senior
Mgr
Admin
Hourly Rate
$70
$90
$100
$125
$150
$165
$75
TOTAL
HRS
TOTAL
LABOR
Construction
Surveys
0
0
78
0
0
0
0
78
$7,800
Administrative
0
0
0
0
0
0
15
15
$1,125
Project
Management
Meetings
0
0
0
0
30
0
0
30
$4,500
0
0
12
0
0
12
0
24
$3,180
Construction
Observation
0
0
480
0
32
0
0
512
$52,800
Construction
Documentation
0
0
15
0
2
0
0
17
$1,800
Record
Drawings
Mileage
Staking Supplies
Copies
Postage
Lodging
Per Diem
Testing Services
- Team Services
Total
58
0
404
0
201
12
25
700
$1,360
$3,245
$250
$50
$25
$6,000
$1,500
$7,381
$91,016
Page 2 of 2
AMENT DESIGN
STANDARD HOURLY RATES
Effective 02/01/2017
Technician I $70.00
Technician 2 $90.00
Engineer Intern $100.00
Land Survey Intern $100.00
Architecture Intern $100.00
Engineer $125.00
Land Surveyor $125.00
Architect $125.00
Senior Engineer $150.00
Senior Land Surveyor $150.00
Senior Architect $150.00
Engineer Manager $165.00
Land Survey Manager $165.00
Architect Manager $165.00
Administrative $75.00
Direct Costs:
Mileage Currently at $0.540 / mi
Bond Copies (per square foot) $0.40 / ea
Copies (per copy) $0.20 / ea
Postage Currently at $0.49 / oz
GPS Equipment $50.00 / hr
Ground-based LIDAR $1,000.00 / day
Other direct reimbursable costs will be billed at cost plus 15%.
P:\City of Waterloo - Ansborough Avenue\ADMINISTRATION\CONTRACT\Rate Sheet\RATES