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HomeMy WebLinkAboutJDE Engineering-12/7/2015CITY OF WATERLOO Council Communication -6))tic ,), Resolution approving Professional Services Agreement with JDE Engineering, of Waterloo, Iowa, in an amount not to exceed $112,500.00 for construction related services for the FY 2016 Northeast Industrial Park Sanitary Sewer & Water Main Extension, Contract 900, and authorize Mayor and City Clerk to execute said document. City Council Meeting: 12/7/2015 Prepared: 12/1/2015 ATTACHMENTS: Description Type Cont 900_PSA CRS Cover Memo SUBJECT: Submitted by: Expenditure Required: Source of Funds: Resolution approving Professional Services Agreement with JDE Engineering, of Waterloo, Iowa, in an amount not to exceed $112,500.00 for construction related services for the FY 2016 Northeast Industrial Park Sanitary Sewer & Water Main Extension, Contract 900, and authorize Mayor and City Clerk to execute said document. Submitted By: Jeff Bales, Associate Engineer $112,500.00 TIF Funds ENGINEERING (319) 464-7913 3731 Pheasant Lane Suite #201 • Waterloo, IA 50701 jdeeng@lpctel.net December 1, 2015 CONSTRUCTION RELATED SERVICES F.Y. 2016 NORTHEAST INDUSTRIAL PARK SANITARY SEWER & WATER MAIN EXTENSION - CONTRACT NO. 900 PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City of Waterloo, Iowa ("City") desires to extend sanitary sewer and water main service within the Northeast Industrial Park from the intersection of Northeast Drive and Martin Luther King Jr. Drive to Newell Street, to the northwest, to promote the continued development of the Northeast Industrial Park in Waterloo, Iowa, and WHEREAS, JDE Engineering, PLC ("Consultant") of Waterloo, Iowa desires to provide construction related services related to the development of this project, NOW THEREFORE, it is mutually agreed that this Professional Services Agreement shall consist of the following: SCOPE OF SERVICES • Assist in development of tax exemption certificates. These certificates would be delivered to the contractor. Certificates would be developed by the Waterloo City Clerk's Office, with assistance from JDE Engineering, and delivered to the contractor prior to the beginning of construction. • Develop a construction notebook for organization of construction documents. • Develop a pre -construction conference agenda and sign -in sheet. • Conduct the Pre -construction Conference. • Produce minutes of the Pre -construction Conference meeting and provide a copy of the minutes to all parties in attendance. • Conduct progress meetings every 2 weeks during the construction phase of the project. These meetings could be conducted on-site during construction, or at a mutually agreed upon location (City Hall, contractors office, JDE Engineering office, etc.). 1 • Produce minutes of Progress Meetings and provide a copy of the minutes to all parties in attendance. • Obtain the contractors work schedule prior to the beginning of construction. • Issue a Notice -to -Proceed to the contractor. • Contact property owners directly adjacent to the project areas prior to the start of construction to inform them of the proposed work. • Observe the proper installation of traffic control. • Conduct daily review of traffic control condition and inform the contractor of needed maintenance. • Document traffic control condition on a daily basis. • Document the completion of utility locates in the area of construction prior to the beginning of work. • Conduct storm water related site inspections. Any erosion from construction areas will be documented and the contractor notified to correct issues. • Obtain photos of work areas prior to the start of construction to document existing conditions of streets and undeveloped areas adjacent to construction. • Complete a daily working day log related to construction activity, and mail to all parties on a weekly basis. • Complete weekly working day reports during construction and mail to all parties on a weekly basis. • Print all e-mail and letter correspondence related to the contract and keep this information in the construction notebook. • Obtain compaction test results for sanitary sewer and water main pipe trenches along Martin Luther King Jr. Drive right-of-way and the proposed north -south roadway area within the Northeast Industrial Park expansion area. • Obtain material certifications for concrete, steel, and other materials used for the construction of the project. • Receive and obtain approvals for shop drawings. • Collect delivery tickets for materials (i.e. sand, concrete, steel). • Obtain material test results through Terracon Consultants, Inc. • Provide construction surveys for the project through Great Plains Survey, Inc. of La Porte City, Iowa. 2 • Obtain photos during and after construction to document construction methods and the finished product. • Measure quantities in the field. • Develop pay estimates for review and approval by the contractor and the Owner. • Process change / extra work orders (if necessary). • Develop a Punch List of incomplete items and deliver to the contractor. • Prepare record drawings for submittal to the Owner. • Obtained lien waivers from material suppliers prior to the acceptance of work. • Develop a letter of acceptance for submittal to the City Council and the Iowa DOT upon project completion. • Submit the final project construction notebook to the Owner for their records. • Submit the Notice of Discontinuation related to the General Permit #2 Storm Water Pollution Prevention Plan to the Iowa Department of Natural Resources. II. TIME OF BEGINNING AND COMPLETION The project shall begin following approval of the City Council and execution of this agreement by the Mayor of the City of Waterloo. Completion of construction is anticipated by July 1, 2016. Below is an anticipated schedule for development of the project: • Approval of the Construction Agreement December 2015 • Field Construction Begins December 2015 -June 2016 • Field Construction Ends July 1, 2016 • Submittal of Record Drawings to Owner August 2016 III. COMPENSATION The fee for the work detailed under "Section I. Scope of Services" is based on anticipated time -and - materials necessary to complete the work. Surveying services will be performed under this contract by Great Plains Survey, Inc. La Porte City, Iowa. Material testing services will be performed under this contract by Terracon Consultants, Inc. of Cedar Falls, Iowa. The total cost of this project is estimated to be $112,500. This fee is considered a maximum not -to -exceed cost. IV. TERMS AND CONDITIONS The attached Terms & Conditions are considered part of this agreement. 3 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement as of the dates shown below: JDE ENGINEERING, PLC Jim D. Ellis, P.E. CITY OF,WATERLOO, IOWA Date Ernest G. Clark, Mayor Date 4 Standard Terms and Conditions JDE Engineering, PLC (hereinafter referred to as ("JDE") shall perform the services outlined in this agreement for the stated fee arrangement. Following are general items applicable to this agreement: Standard of Care: In providing services under this Agreement, JDE shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same, or similar, locality. IDE makes no warranty, express or implied, as to its professional services rendered under this Agreement. Fees: The anticipated fee for time and materials, if stated, shall be understood to be an estimate. All incurred expenses relating to the agreed upon project shall be invoiced back to the customer at 110%. These expenses may include, but are not limited to, mileage, legal fees, software fees, plotting and copying fees, permitting fees, and travel expenses. Mileage reimbursement shall be $ 0.60 per mile. Where the fee arrangement is to be on an hourly basis, the rates used shall be those that prevail at the time services are rendered. Currently rates are as follows: Project Manager Design Engineer Drafting Technician Construction Observation Technician Special Project Coordinator Administrative Assistant $95 per hour $95 per hour $75 per hour $75 per hour $45 per hour $40 per hour Billings/Payments: Invoices for IDE's services shall be submitted at IDE's option. JDE may submit invoices either upon completion of the services or throughout the life of the project. Invoices shall be paid within 30 days of the invoice date. If the invoices are not paid within 30 days, IDE may terminate all services, and any of its other obligations, under this Agreement, free of any and all liability, and shall be entitled to any remedy available at law or equity. Only a JDE officer has authority to enter into alternative payment agreements. No secondary payment agreement shall be binding upon JDE unless agreed to in writing by a company officer. Late Payments: Invoices that are not paid within 30 days of the invoice date may be assessed a Late Fee of 1.5% per month from the date of invoice. The Client shall pay all costs including court costs, and reasonable attorney fees, associated with collecting any unpaid balance. Hazardous Material Indemnity: The Client agrees, notwithstanding any other provisions of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless JDE, its officers, partners, employees, and sub -consultants (collectively, ME) from and against any and all claims, suits, demands, liabilities, losses, damages, or costs, including reasonable attorney fees and defense costs, arising out of, or in any way connected with, the detection, presence, handling, removal, abatement, or disposal of any asbestos, hazardous, or toxic substances, products or materials that exist on, about, or adjacent to the Project Site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability, or statutory liability, regulatory, or any other cause of action, except for the sole negligence or willful misconduct of JDE. Indemnification: The Client shall indemnify and hold IDE harmless from, and against any and all claims, losses, and expenses (including reasonable attorney fees) arising out of, or resulting from the performance of, the services, provided that any such claim, damage, loss, or expense is caused in whole or in part, by the negligent act, omission, and/or strict liability of the Client, anyone directly or indirectly employed by, or in a contractual relationship with, the Client (except JDE), or anyone for whose acts of them may be liable. Dispute Resolution: Any claims or disputes between the Client and JDE arising out of the services to be provided by JDE, or out of this Agreement, shall be submitted to non-binding mediation. The Client and JDE agree to include a similar mediation agreement with all contractors, sub -consultants, sub -contractors, suppliers, and fabricators, providing for mediation as a primary method for dispute resolution among all parties. Limitation of Liability: In recognition of the relative risks and benefits of the Project to both the Client and IDE, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, JDE's total liability to the Client for any and all injuries, damages, claims, losses, expenses, or claim expenses arising out of this Agreement from any cause or causes, shall not exceed the amount of JDE's fee related to the Agreement. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. Access to Site: Unless otherwise stated, IDE will have access to the site for activities necessary for the performance of IDE's services. IDE will take reasonable precautions to minimize damage due to these activities, but has not included in the fee the cost of restoration of any resulting damage, and will not be responsible for such costs. 1 Jobsite Safety: Neither the professional activities of IDE, nor the presence of IDE, or its employees and sub -consultants at the construction/project site, shall impose any duty on JDE, nor relieve the General Contractor of its obligations, duties, and responsibilities including, but not limited to, construction means, methods, sequence, techniques, or procedures necessary for performing, superintending, and coordinating the Work in accordance with the Contract Documents, and any health or safety precautions required by any regulatory agencies. IDE and its personnel have no authority to exercise any control over any construction contractor or its employees in connection with their work, or any health or safety programs or procedures. The Client agrees that the General Contractor shall be solely responsible for jobsite and worker safety, and warrants that this intent shall be carried out in the Client's contract with the General Contractor. Information Provided by Others: The Client shall furnish, at the Client's expense, all information, requirements, reports, data, surveys, and instructions required by this Agreement. JDE may use such information, requirements, reports, data, surveys, and instructions in performing its services, and is entitled to rely upon the accuracy and completeness thereof. JDE shall not be held responsible for any errors or omissions that may arise as a result of erroneous or incomplete information provided by the Client and/or the Clients consultants and contractors. Termination of Services: This agreement may be terminated by the Client, or JDE, should the other party materially breached this Agreement. Nonpayment by the Client shall be a material breach of this Agreement. In the event of termination, the Client shall pay IDE for all services rendered up to, and including, the date of termination, all expenses associated with the project, and termination expenses (including attorney fees). Ownership of Documents: Documents produced by IDE under this agreement (including data, documents, drawings, specifications, and reports) shall become the property of the Client upon full receipt by IDE of the agreed upon compensation. The drawings and data submitted by JDE to Client are submitted for an acceptance period of two (2) years. Any defects Client discovers during this period will be reported to JDE and will be corrected as part of IDE's Basic Scope of Services. Correction of defects detected and reported after the acceptance will be compensated as Additional Services. Client shall have the right to use the drawings and data for the purpose of construction, operation, and maintenance of the designed project. Client shall make no claim against IDE, resulting in any way from an unauthorized change or reuse of the drawings and data for any other project by anyone. In addition, Client agrees, to the fullest extent permitted by law, to indemnify and hold IDE harmless from any damage, liability or cost, including reasonable attorney fees and costs of defense, arising from any changes made by anyone other than IDE. Under no circumstances shall transfer of the drawings and data, and other instruments of service, on electronic media for use by Client be deemed a sale by JDE, and IDE makes no warranties, either expressed or implied, of merchantability and fitness for any particular purpose. On -Site Observation: On-site observation of Contractor's work is not part of IDE's work, unless explicitly a part of the Scope of Services. If on-site observation of Contractor's work is a part of this Agreement, JDE shall make visits to the site at intervals appropriate to the various stages of construction, as IDE deems reasonable. Site visits are for the limited purpose of becoming generally familiar with the process and quality of the work completed, and to determine, in general, if the work is being performed in a manner, indicating that the work when completed, will be in accordance with the contract documents. However, IDE shall not be required to make exhaustive or continuous on-site inspections to check the quality, or quantity, of the work. IDE does not guarantee or warrant the performance of the Contractor. JDE is not responsible for instruction means, methods, techniques, sequence, procedures, time of performance, or programs in connection with the construction work. IDE is not responsible for Contractor's failure to execute the work in accordance with the contract documents. JDE is not responsible in any way for Contractor's, Sub -contractor's, or their agents or employees compliance with OSHA, federal, state, or local laws or regulations. IDE is not responsible for Project oversight safety. Project and site safety shall be the sole responsibility of the Contractor. IDE shall not have control over, be in charge of acts, or be held responsible for omissions of the Contractor, Sub -contractor, or their agents or employees, or any other persons performing portions of the work. Given the foregoing, Client also shall, to the fullest extent permitted by law, waive any claim against IDE, and indemnify, defend, and hold JDE harmless from any claim or liability for injury or loss arising from IDE's alleged failure to exercise site safety responsibility. Client also shall compensate IDE for any time spent, or expenses incurred, by IDE in defense of any such claim. Such compensation shall be based upon IDE's prevailing fee schedule and expense reimbursement policy. Force Majeure: IDE shall not be responsible, or liable, for any damages or delay, including, but not limited to, those which arise from Acts of God, strikes, walkouts, accidents, Governmental Acts, or other events beyond the control of JDE. Applicable Laws: This Agreement shall be governed by the laws of the State of Iowa. Time an Estimate or Quote is Considered Valid: Estimates or Quotes are valid for 45 days from date of issue, and are subject to re- pricing after 45 days. 2