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HomeMy WebLinkAboutWayne Claassen - FY18 Waterloo Yard Waste Sanitary Sewer Cont. 952 - 5/7/2018 401IN0 AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES Part I. PARTIES AND PROJECT THIS AGREEMENT is made on the Day of in the year 20. 18between City of Waterloo the Owner and Wayne C7aassen Engineering & Surveying, Inc the Engineer, for the following Project: FY 2018 Waterloo Yard Waste Water and Sanitary Sewer Extension, Contract No. 952 The Owner and the Engineer agree as follows: Page 1 of 13 ACEC Owner-Engineer Agreement, Document No. 4 ©THE AMERICAN CONSULTING ENGINEERS COUNCIL 1155 15th•Street, N.W., Washington, D.C. 20005 Part 11. ENGINEERING CHARGES: LUMP SUM A. In accordance with the Terms and Conditions of this Agreement, the ENGINEER shall provide professionalservices for which the OWNER shall compensate the ENGINEER as follows: A.1 Basic Services—As defined in Paragraph 1.1 on the basis of a lump sum of $22,000 for design engineering services and $15,000 for Construction endol�lars(P$ring services ) A.2 Additional Services—As defined in Paragraph 1.2, as follows: A.2.1 Principals'time at the rate of Forty—five dollars($ 45.00 ) per hour times a multiple of 3.0 ( ). For the purposes of this Agreement,the Principals are identified as: William J. Claassen A.2.2 Employees' time (other than Principals') at a multiple of (3.0 times the employees' Direct Personnel Expense as defined in Article 3. A.2.3 Cost of services of other professional consultants at a multiple of (1.0 times the amount billed to:the ENGINEER by the professional consultants for such services. A.3 Initial Payment—Execution of this Agreement shall be accompanied by an initial payment by the OWNER of None dollars($ 0.00 ( ), which shall be credited to the OWNER's account. AA Reimbursable Expenses—As defined in Article 4,times a multiplier of One ( 1.0 ) A.5 Payments made after the initial payment shall be made monthly in proportion to services performed so that compensation at the completion of each Phase shall equal the following percentages of total basic compensation: . . . . . . . . . . . .. . . . . . . . . . . . . Schematic Design Phase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . % Design Development Phase. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . % Construction Contract Documents Phase . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bidding or Negotiating Phase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . % Construction Phase. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . olo Page 2 of 13 Part M.TERMS AND CONDITIONS Article 1. ENGINEERING SERVICES 1.1 Basic Services -The Engineer agrees to perform professional services in connection with the Project, as set forth below and contained within this Agreement: 1.1.1. Project Scope-This Project consists of the extension of an 8"dia. water main from the proposed 16"dia.water main along Martin Luther King, Jr.Drive near the Northeast corner of the City's anaerobic lagoon site to the proposed maintenance building at the Waterloo Yard Waste Site and the extension of sanitary sewer service to said proposed building site. The general location of these proposed extensions are shown on the attached.The scope of this Agreement shall include the design,construction contract documents, construction staking, construction observations, Iowa DNR permit applications and asbuilt plans. A. Design Engineering Phase Task 1. Project Administration and Meetings. This task includes coordination of the Project with the Waterloo Public Works,Engineering,Waste Water Management and Water Works Departments. Task 2. Surveying the existing features of the proposed water main and sanitary sewer extension corridors as shown on the attached and the existing features of the yard waste area and the proposed building site.This includes surveying the existing topography including the above ground utilities that are readily visible and the utilities marked by Iowa One-Call. Task 3. Preliminary geotechnical soils investigations consisting of 3 soil borings along the sewer and water route to classify existing soils and the depth to ground water.This would be done by Terracon as a subconsultant to us.Terracon's proposal is attached and its cost is included in the above proposed design services fee. Task 4. Civil design and preparation of Construction Plans,Bidding Documents and construction cost estimates for water main and sanitary sewer extensions. A gravity sanitary sewer and grinder pump/small diameter force main alternate will be evaluated as part of this. Task 5. Review of preliminary plans with Public Works,Fire, Engineering, Waste Water Management and Water Works Departments at a joint meeting to determine necessary changes prior to final plans and bid letting. Task 6. Preparation of an Erosion control plan, storm water pollution protection plan(SWPPP) and NPDES storm water permit application for your use. This does not include application fees. Task 7. Review bids and assist in obtaining bids. Page 3_of 13_ B. Construction Engineering Phase The scope of this Agreement shall include the tasks included in Sections 1.1.6,Construction Phase and 7.3, Resident Construction Review Services of this Agreement and the tasks described in the following during the Construction of this Project: Task 8. Project Administration and Meetings. This task includes coordination of the Project with the Public Works, Engineering,Waste Water Management and Water Works Departments; and Contractor,and progress meetings during the Construction Phase as necessary to discuss the Proj ect. Task 9. Staking the sewer and water main for construction. Task 10. Providing part-time construction review of the contractor's construction. Task 11. Reviewing the contractor's testing of the constructed water and sewer construction. Task 12. Reviewing contractor's shop drawings and material submittals. Task 13. Reviewing change orders and pay estimates and assisting in the contract close-out. (Folder\My Documents%-Contract Agreements\Terms&Conditions-Waterloo Yard Waste 952.doc) Page 4_of 13_ Part 111. TERMS AND CONDITIONS 1 1.4.3 Advise the OWNER of any adjustments to rgevious Article 1. ENGINEER'S SERVICES E NEER's Opinion of the Construction ost when chang in requirements, general market condi ons or other 1.1 Basic Services condition o warrant. he ENGINEER agrees to perform professional servi s in 1.1.4.4 At e OWNER's request, as ' t the OWNER's c nnection with the Project, including normal civil, truc- legal counsel in nnection with his re iew of the Construc- t al, mechanical and electrical services and normal chitec- tion Contract Doc ents for their le lly related aspects. t 1 services related thereto, as set forth below and ntained 1.1.4.5 Furnish opies of the Construction with this Agreement: Contract Documents fo he O NER's review and approval. 1.1.2 Schematic Design Phase 1.1.5 Bidding.or Negoti Phase During V Schematic Design Phase the ENGI ER shall: Upon receipt of the O NER's ritten P P approval of the C.on- 1.1.2.1 onsult with the OWNER to ascertain the struction Contract ocuments Ph e•and latest Opinion of OWI�IER's .equirements.for the Project. the Constructio ost, and-written a thorization-toproceed 1.1:2:2• A ise the OWNER as to the n cessity.of his ob- with the Bid _ng-or Negotiating Pha ,• the ENGINEER Mining addit .nal services such as.descri d within Article 1, shall: paragraph..-1 "Additional Services d if authorized by 1.1.5.1 Assist the.OWNER in.obtaining bi or negotiating the:OWNER, all provide, or assist m in procuring such bid opogals, in analyzing-bids and propo Is, and in additional servi es. a rding.the Construction.Contract. 1.1.2.a...--Pre pare a preliminary en ' ering study and report, which'wj1I-consist, f schematic desi documents and reports 1,1,6 Construction Phase of studies as nece ary for review and written.approval by Uponaward of any. Constzuction Contract basted upon the the. wNER•. Construction Contract Documents compiled by the•ENGI- 1.1.2,4; :Prepare:a tatement of the ENGINEER's.Opinion NEER,the Construction Phase of this Agreement sliall com- of the.Construction ost based pon the preliminary designs mence and.the ENGINEER shall . developed under this hase.. 1.1.6..1 -.Act as the OWNER's representative with duties-and 1.1.x.5 Furnish copies of the.Schematic responsibilities and limitations 'of authority -as described in Design Documents for e O "s review and approval. the General Conditions to the Construction Contract. The OWNER shall not modify the Construction Contract 1.1.3 Design Develop en Phase Documents without the written consent of the ENGINEER, Upon receipt of the.0. R's written authorization to pro- 1J.6.2 Advise and consult with the: OWNER during the ceed with the Design D .elopinent Phase, the ENGINEER Construction Phase and the ENGINEER shall issue the shall: OWNER's authorized instructions to the Contractor, 1..1.3..1 .. dyise the. O Ras to the necessity of his ob- 1..1.6:3 - Make periodic visits to the site of the construction taming further addit' nal ervices and if authorized by the to observe the progress and quality of the construction work OVTIER, shall Prove, or ssist him in procuring such ser- and to determine,in.general,if the results of the construction vices. work are in:accordance with the Drawings-and the Specifica- 1:1:3.2 Prepare. : om the pproved -Schematic' Design tions. 'On-the =basis of his' on-site observations -as an Studies,'for appr al by the R, the Design Develop- ENGINEER, he shall endeavor to guard the OWNER ment Documents onsisting of esign criteria,.drawings and against apparent defects and deficiencies in the permanent outline specific a. ons to develop d establish the scope of work constructed by the Contractor but does not guaraiitee the Project. the performance of the.Contractor. The ENGINEER shall 1.1.3.3 Prepa a statement of th ENGINEER's Opinion not be required to make exhaustive or continuous on-site ob- P servation es thetablised. n to check the quality or quantity of the construe- shttion work. The ENGINEER is not responsible for construc- tion means, methods, techniques, sequences or procedures, 1.1.3.4 Fur sh c les of theDesign De- time of performance, programs, or for any safety�precau- velopment o.cuments for the--0R's review and tions in connection with the construction work. The approval. ENGINEER is not responsible for the Contractor's failure to 1.1.4 Co truction Contract Documents ase execute the work in accordance with the Construction Con- tract. Upon rete pt of the OWNER's written auth ization to pro- ceed wit the Construction Contract Docum is Phase, the 1.1.6.4 Review the Contractor's request for progressive ENGI R shall: payment, and based upon said on-site observation, advise the 1.1.4.1 Prepare the required Contract forms in ding pro- OWNER as to the ENGINEER's opinion of the extent of the work completed in accordance with the terms of the Construe- tion Contract as of the date of the Contractor's payment spec_if' ations and other documents as required to c mplete request and issue, for processing by the OWNER, a Certifi- the nstruction Contract Documents. tate for Payment in the amount owed the Contractor. The 1.1. .2 Furnish to the OWNER engineering data and cu- issuance of Certificates for Payment shall constitute a declar- me is so that the OWNER may secure approval fr ation by the ENGINEER to the OWNER, based upon said go ernmental authorities having jurisdiction over the on-site observations, review and data accompanying the Project. request for payment, that the Contractor's work has pro- Pana 5. �f 13 gressed to the point indicated; that to the best of the ENGI- 1.2.7 Providing special analysis of the OWNER's needs NEER's knowledge,information and belief,the quality of the such as owning and operating-analysis, OWNER's operating Contractor's work is in accordance with the Construction and maintenance manuals,OWNER's special operating draw- Contract Documents (subject to subsequent tests and review ings or charts,and any other similar analysis. required by the Construction Contract Documents,to correc- tion of minor deviations from the Construction Contract para Providing planning surveys,site evaluations and com- Documents and to qualifications stated in the Certificate for partitive studies of prospective sites. Payment); and that the Contractor is entitled to the amount 1.2..9 Providing any type of field surveys for design pur- stated. The issuing of the Certificate for Payment by the poses, "stake out" of the location of the work, and any other ENGINEER shall not represent that he has made any investi- special field surveys. gation to determine the uses made by the Contractor of sums 1.2.10 Furnishing additional copies of reports and addi- paid to the Contractor. tional prints of Drawings and Specifications in excess of those 1.1.6.5 Make recommendations to the OWNER on all stipulated in the Agreement. claims relating to the execution and progress of the construc- tion wor)C The ENGINEER's decisions.in matters relating to 1.2.11 Investigations involving detailed consideration of theENGINEER's design shall be final. operations,maintenance and overhead expenses,the prepara= tion of rate schedules, earnings and expense statements,feasi- 1.1.,6.6. Notify the OWNER of permanent work which does bility studies, :appraisals -and valuation's; detailed ,quantity not-conform.-to the .result required in the -Construction surveys of material and labor; and material audits or iriven- Contract, prepare a written.report describing any apparent tories required by the OWNER. non-conforming permanent work and make recommenda- 1.2.12 'Additional services when the Project"involves more tions to the OWNER for its correction.and,:at the request of than one Construction Contract, or- separate equipment the OWNER, have recommendations implemented by the = contracts. actor: Coritr • 1.1.6.7 Review shop drawings, samples, and .other submit- 1.2.13 Preparing special Change Orders when fequesfed by tals of the Contractor only for-general conformance to the the OWNER'S SE are ES,"ot thin :the scope:of Article 1, ENGINEER SSERVICES, paragraph 1:1.6.8. - design•concept of the Project and for general compliance with the Construction Contract. 1.2.14 Making a review of the Project prior to expiration of the guarantee period and_reporting observed"discrepancies 1.1.6.8 Prepare Change Orders for the OWNER's under guarantees provided by the Construction Contract. approval. 1.2.15 Preparing a set of reproducible .record :drawings 1.1.6.9 Conduct a construction progress review related to conforming to .construction records provided to the the -Contractor's date of completion; receive written ENGINEER)made by the Contractor during the construction guarantees'and related data assembled•by the Contractor; process. and issue to the OWNER.a Certificate of Final Payment. - 1.2.16 Additional or extended services during .construction 1.1,.6.10 The ENGINEER shall not be responsible for the made necessary by(1. work.damaged by fire or other cause defects or omissions in the work result of the Contractors,or during construction; (2) defective-or incomplete work 6' :the any.Subcontractors, or any of the•Contractor's or Subcon Contractor, (3) -proldngation of the iriitial Construction tractor's employees, or that of.ariy-other persons or entities Contract time beyond the contract time, (4) acceleration of responsible for performing any of the work result as con- the work schedule involving services beyond established office tained in the Construction Contract, working hours, :and (5) the Contractor's default under Construction Contract due to delinquency or insolvency. 1.2 Additional Services . 1.2:17 Providing assistance in the initial start-up, testing, If authorized ift writing by the-OWNER, the ENGINEER adjusting or balancing,or operation of equipment or systems, agrees to-furnish or obtain from others, additional profes- or training personnel for operation or maintenance of equip- sional services in connection with the Project, as set forth ment or system. below and contained within this Agreement; 1.2.18 Providing design services relating to future facilities, 1.2.1 Preparation of applications and supporting docu- systems and.equipment which are not intended to be con- ments for goverment grants,loans or advances. structed or operated as a part of the Project. 1.2.2 Making drawings from field measurements of existing 1.2.19 Providing services as an expert witness for the construction when required for planning additions or altera- OWNER in connection with litigatign or other proceedings tions thereto. involving the Project. 1.2.3 Services due to changes in the scope of the Project or its design, including but not limited to, changes in size, com- plexity,schedule or character of construction. 1.2.4 Revising studies,.reports, design documents, drawings or specifications which have previously been approved by the 1.2,20 Providing other services not otherwise provided for in OWNER, or when such revisions are due to causes beyond the this Agreement, including services normally furnished by the control of the ENGINEER. OWNER as described in Article 2, "OWNER'S RESPON- 1.2.5 Preparation of design documents for alternate bids or SIBILITIES." for out-of-sequence work requested by the OWNER. 1.2.21 Providing Resident Project Representative services to 1.2.6 Preparation of detailed renderings, exhibits or scale give the OWNER more extensive on-site representation models for the Project. during the Construction Phase. ti �� Article 2. OWNER'S RESPONSIBILITIES Article 3 DIRECT PERSONNEL EXPENSE The OWNER shall: Direct Personnel Expense is defined as the direct labor costs incurred by the ENGINEER directly attributable to the 2.1 Provide to the ENGINEER all criteria, design and con- Project by the payment of the actual salaries and wages to the struction standards and full information as to the OWNER's employees of the ENGINEER, but riot including indirect requirements for the Project. payroll connected costs and other non-Project related costs. 2.2 Designate in writing a person authorized to act as the OWNER'S representative.The OWNER or his representative shall receive and examine documents submitted by the ENGINEER,interpret and define the OWNER's policies and render decisions and authorizations in writing promptly to prevent trniedsMable delay in the progress of the ENGINEER's services. Furnish to the ENGINEER a complete Ian ey of theP711" r 'te which shall include but . .ie limited to MAI and nti i cations with :: - s and invert grades, easements, rights-of-wa ours, grades., streets, alleys, pavements., adj. '. 1.property, . chments, zoning and deed rest' . s, existing buildings, impi is and tree Article 4 REIMBURSABLE EXPENSES to s. 4.1 Reimbursable Expenses are in addition to compensation oils data.inciifding but n ed to reports, to the ENGINEER for Basic and Additional.Services and test borings, tes ob". .g uiface exploration, soil include expenditures made by the ENGINEER,his employees bearing values - on _ and co'rro'sion and resist- or his consultants in the interest of the Pzoject.Reimbursable ivity vs ith appropriate professro etation. Expenses include but are not limited to: tory tests, air andw ion tests 4.1.1 Expense of transportation, subsistence and lodging , when traveling in connection with the Project. reports and inspections ;materials or other items required by la overnmenta�a ` les having juris- 4.1.2 Expense of long distance or toll telephone calls, tele- dic' fiis Project. grams,messenger service, field office expenses,and fees paid for securing approval of authorities having jurisdiction over 2.6 Provide legal, accounting, and insurance counseling theProject. services necessary for the Project, legal review of the 4.1.3 Expense of all reproduction, postage and handling.of Construction ContractDocumeuts,and such auditing services Drawings, Specifications, reports or other Project-related as the OWNER may require to account'for expenditures of Drawings, St e the ENGINEER. sums paid to the Contractor. work 4,1.4. Expense of computer time- including charges for 2.7. Furnish permits and approvals from,all,governmental proprietary programs. authorities having jurisdiction over this'Project and from 4.1.E When authorized in advance by the OWNER, expense others as may be necessary for completion of the Praj ect. of overtime work requiring higher than-normal rates, and 2.8 Furnish above services at the OWNER's expense and in expense of preparing perspectives,renderings or models. such manner that the ENGINEER inay rely upon fhem in the Article 5 PAYMENTS TO THE ENGINEER performance of his services under this Agreement. 5.1 Progress payments shall be made in proportion to 2.9 :Obtain bids or proposals from contractors for work services rendered and as indicated within this Agreement and relating to this Project and bear all costs relating thereto. shall be due and owing within thirty days'nf the ENGINEER's 2.10 Protect and preserve all survey stakes and markers submittal of his monthly statement. Past due amounts owed -placed at the Project site prior to the assumption of this shall include a charge at the'maximum legal rate of interest responsibility by the Contractor and bear all costs of replacing from the thirtieth day. stakes or markers damaged or removed during said time 5.2 If the OWNER fails to make monthly payments due the interval. ENGINEER, the ENGINEER may, after giving seven days written notice to OWNER,suspend services under this Agree- 2.11 Guarantee full and free access for the ENGINEER to ment. enter upon all property required for the performance of the 5.3 No deductions shall be made from the ENGINEER's ENGINEER's services under this Agreement. compensation on account of penalty, liquidated damages or 2.12 Give prompt written notice to the ENGINEER when- other sums withheld from payments to Contractors. ever the OWNER observes or otherwise becomes aware of any 5.4 If the Project is delayed or if the ENGINEER's services defect in the Project or other event which may substantially for the Project are delayed or suspended for more than three affect the ENGINEER's performance of services under this months for reasons beyond the ENGINEER's control, the Agreement. ENGINEER may,after giving seven days written notice to the OWNER, terminate this Agreement and the OWNER shall 2.13 Compensate the ENGINEER for services rendered compensate the ENGINEER in accordance with the termina- under this Agreement. tion provision contained hereafter in this Agreement. Page of 13 Article 6 GENERAL PROVISIONS by written instrument signed by both the OWNER and the 6.1 Ownership of Documents ENGINEER. All Drawings, Specifications and other work product of the 6.5 Governing Law ENGINEER for this Project are instruments Of service for Unless otherwise specified within this Agreement, this Agree- this Project only and shall remain the property of the ment shall be governed by the law of the principal place of ENGINEER whether the Project is completed or not. Reuse business of the ENGINEER. of any of the instruments of service of the ENGINEER by the OWNER on extensions of this Project or on any other project 6.6 General without the written permission of the ENGINEER shall be at the OWNER's risk and the OWNER agrees to defend, indem- 6.6.1 Should litigation or arbitration occur between the two nify and hold harmless the ENGINEER from all claims, parties relating to the provisions of this Agreement, all liti- damages,and expenses including attorneys'fees arising out of gation or arbitration expenses, collection expenses, witness such unauthorized reuse of the ENGINEER's instruments of fees, court costs and attorneys fees incurred by the prevailing service by the OWNER OR BY OTHERS ACTING party shall be paid by the non-prevailing party to the pre- THROUGH THE OWNER. Any reuse or adaptation of the vailing party. ENGINEER's instruments of service occurring after, the 6.6.2 Neither party shall hold the other responsible for written agreement of the ENGINEER shall entitle the ENGINEER to further compensation in amounts to be agreed damages or delay in performance caused by acts of God, upon by the OWNER and the ENGINEER. strikes, lockouts, accidents, or other.events beyond the control of the other or the others employees and agents. 6.6.3 In the event any provisions of this Agreement shall be 6.2 Delegatiori of Duties held to be invalid and unenforceable, the remaining provis- Neither the"�O'WNER nor the ENGINEER shall delegate his ions shall be valid and binding upon the parties. One..or more duties under this Agreement without the written consent of waivers by either party of any provision, term,condition or the other. covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 6.6.4 The ENGINEER has not been retained or compen- 6.3 Termination. sated to provide design and construction review services This Agreement may be terminated by either party by seven relating to the Contractor's safety precautions.:or to means, days written notice in the event of substantial failure to per- methods, techniques, sequences, or procedures required for form in accordance with the terms of this Agreement by the the Contractor to perform his work but not relating to the other party through no fault of the terminating party. If this final or completed structure,omitted services include but are Agreement is terminated, the ENGINEER shall be paid for not limited to shoring, scaffolding,underpinning, temporary services performed to the termination notice date including retainment of excavations and .any erection methods and Reimbursable Expenses clue plus Termination Expenses. temporary bracing. Termination Expenses are.defined as Reimbursable Expenses 6.6.5 The ENGINEER intends to render his services under directly attributable to termination, plus 15% of the total this Agreement in accordance with generally accepted profes- compensation earned to the time of termination to account sional practices for the intended use`of the Project and makes for ENGINEER's rescheduling adjustments,reassignment of no warranty either express or implied, personnel and related costs incurred due to.termination.. 6.6.6 Any Opinion of the Construction Cost prepared.by the ENGINEER represents his judgment as a design professional 6.4 ]Extent of Agreement and is supplied for the general guidance of the OWNER.Since the ENGINEER has no control over the cost of labor and This Agreement represents the entire and integrated agree- material, or over competitive bidding or market conditions, ment between the OWNER and the ENGINEER and super- the ENGINEER does not guarantee the accuracy of such cedes all prior negotiations, representations or agreements, Opinions as compared to Contractor bids or actual cost to the either written or oral.This Agreement may be amended only OWNER. Paqe 8 of 13 Article 7. SPECIAL PROVISIONS 7.1 Insurance and Indemnity 7.1.1 Engineer's Insurance—The ENGINEER shall acquire and maintain statutory workmen's compensation insurance coverage, employer's liability, comprehensive general liability insurance coverage and professional liability insurance coverage. The limits and deductible applicable to both comprehensive general liability and professional liability shall be established under a separate agreement between the parties. 7.1.2 Contractor's Insurance—Prior to the commencement of the work,the OWNER shall require the Contractor and any Sub- contractors to submit evidence that he(they)have obtained for the period of the Construction Contract and the guarantee period comprehensive general liability insurance coverage (including completed operations coverage). This coverage shall provide for bodily injury and property damage arising directly or indirectly out of, or in connection with, the performance of the work under the Construction Contract, and have a limit of not less than$5.000.000.00 for all damages arising out of bodily injury,sickness or death of one person and an aggregate of$ 5,000,000.00 for damages arising out of bodily injury, sickness and death of two or more persons in any one occurrence. The property damage portion will provide for a limit of not less than$ 5,000,000.00 for all damages arising out of injury to or destruction of property of others arising directly or indirectly out of or in connection with the performance of the work under the Construction Contract and in any one occurrence including explosion,collapse and underground exposures. Included in such coverage will be contractual coverage sufficiently broad to insure the provision of paragraph 7.1.4"Indemnity". The comprehensive general liability insurance will include as additional named insureds:the OWNER;the ENGINEER;and each of their officers,agents and employees. 7.1.3 Builders Risk"All Risk"Insurance—Before commencement of the work,the OWNER will require that the Contractor and any Subcontractors submit written evidence that he(they)have obtained for the period of the Construction Contract, Builders Risk "All Risk" Completed Value Insurance Coverage(including earthquake and flood) upon the entire Project which is the subject of the Construction Contract.Such insurance shall include as additional named insureds: the OWNER; the ENGINEER; and each of their officers, agents, employees and any other persons with an insurable interest as maybe designated by the OWNER. Such insurance may have a deductible clause but not to exceed $5,000, except that the earthquake deductible may be in accordance with generally accepted insurance practices in the locale where the coverage is issued. 7.1.4 Indemnity—The OWNER will require that any Contractor or Subcontractors performing work in connection with Drawings and Specifications produced under this Agreement to hold harmless, indemnify and defend, the OWNER and the ENGINEER, 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 may be due to the sole negligence of the OWNER,the ENGINEER, their consultants or their officers,agents and employees. Page 9 of 13 7.3 Resident Construction Review Services 7.3.1 If requested by the OWNER or recommended by the ENGINEER and approved ONER, the ENGINEER shall provide one or more full time Resident Project Representatives to asssisthe ENGINEER inin writing byeo der to render more extensive representation at the Project site during the Construction Phase. Such Resident Construction Review Services shall be paid for by.the OWNER as Additional Services as defined within this Agreement. The limits of the authority, duties and responsibilities of a Resident Project Representative shall be described before such services. begin by written instruments labeled Exhibit A, attached to, and made a part of this Agreement. 7.3.2 By means of the more extensive on-site observations of the work in progress, the ENGINEER will endeavor to provide further protection for the OWNER against defects and deficiencies in the Contractor's work, but the furnishing of such services shall not include construction review of the Contractor's construction means, methods, techniques, sequences or procedures, or of any safety precautions and programs in connection with the work, and the ENGINEER shall not be responsible for the Con- tractor's failure to carry out the work in accordance with the Construction Contract. Page 10 of 13 7.4 Limitation of Liability The OWNER agrees to limit the ENGINEER's liability to the OWNER and to all Construction Contractors and Subcon on the Project, due to the ENGINEER'S professional negligent acts,errors or omissions, such that the total a tractors t the ENGINEER to those named shall not exceed fifty thousand ($50,000) dollars or the ENGINEER's total fee foliilitof ar es rendered on this Project, whichever is greater. Page lI of 1--=-3 EXHIBIT"A" This Exhibit is attached to and made a part of the Agreement between the OWNER, and the ENGINEER, Wayne Claassen Engineering and Surveying; Inc dated , 2018,for the Project known as FY 2018 Waterloo Yard Waste Water and Sanitary Sewer Extension Contract No 952 LIMITATIONS OF AUTHORITY, DUTIES AND RESPONSIBILITIES OF THE RESIDENT PROJECET REPRESENTATIVE 1. The Resident Project Representative shall act under the direct supervision of the ENGINEER,shall be the ENGINEER'S agent in all matters relating to on-site construction review of the Contractor's work,shall communicate only with the ENGINEER and the Contractor (or Contractors), and shall communicate with subcontractors only through the Contractor or his authorized superintendent. The OWNER shall communicate with the Resident Project Representative only through the ENGINEER. 2. The resident Project Representative shall review and observe on-site construction activities of the Contractor relating to portions of the Project designed and specified by the ENGINEER as contained in the Construction Contract Documents. 3. Specifically omitted from the Resident Project Representative's duties are any review of the Contractor's safety precautions,or the means, methods,sequences, or procedures required for the Contractor to perform the work but not relating to the final or completed Project. omitted design or review services include but are not limited to shoring, scaffolding,underpinning,temporary retainment of excavations and any erection methods and temporary bracing. 4. The specific duties and responsibilities of the Resident Project Representative are enumerated as follows: a. Review Contractor's general compliance with Project Contract Documents. b. Keep records of water main testing results. c. Prepare monthly pay estimates for work performed by the Contractor. d. Closeout the Project with the City and the Contractor. Page 12 of 13 This Agreement executed the day and year written at the beginning of the Agreement. OWNER: ENGINEER: Wayne Cla ssen En i eerin & SurveyingInc. By L B i Quentin Hart, Mayor of Waterloo William J. Cla sen, President ATTEST BY: ATTES BY: Gw ' toy" _ Kelley City Clerk Denise DeLeon, Secretary Gt bp Page—of WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. 2705 University Avenue P.O. Box 898 Waterloo, Iowa 50704 Fax 319/235-0028 319/235-6294 February 20, 2018 Sam Barnett Waterloo Public Works Dept. 625 Glenwood St. Waterloo, IA 50703 RE: FY 2018 Waterloo Yard Waste Water and Sanitary Sewer Extension, Contract No. 952 Dear Sam: We are enclosing herewith three(3) signed Engineering Services Agreements for the above. Please return one(1) signed copy after approved by the Mayor and Council. Please contact me with any questions. We look forward to working with you. Very truly yours, WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. William J. Claassen, P. E. WJC/dad Enclosures (Folder\Misc Corres\Sam Barrett-Waterloo Public Works-FY 2018 Waterloo Yard Waste Water and Sanitary Sewer Ext No.952.1tr)