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HomeMy WebLinkAboutWayne Claassen Engineering and Surveying, Inc. - Midport America Park Plat No. 3 - 9/25/2006 ,y`*c_fbcs AGREEMENT y BETWEEN o A OWNER AND ENGINEER J� FOR °ouNc�` PROFESSIONAL SERVICES Part I. PARTIES AND PROJECT THIS AGREEMENT is made on the s Day of Sep 42», ey' intheyear 2006between the City of Waterloo the Owner and Wayne Claassen Engineering and Surveying, Inc. the Engineer,for the following Project: MidPort America Park Plat No. 3 Conceptual Design and Preliminary Platting The Owner and the Engineer agree as follows: ACEC Owner-Engineer Agreement, Document No.I © THE AMERICAN CONSULTING ENGINEERS COUNCIL 1155 15th Street,N.W.,Washington,D.C.2()005 Part II. ENGINEERING CHARGES: LUMP SUM A. In accordance with the Terms and Conditions of this Agreement, the ENGINEER shall provide professional services 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 Thirteen Thousand dollars($13,000.00 ) A.2 Additional Services—As defined in Paragraph 1.2, as follows: A.2.1 Principals' time at the rate of Thirty dollars($ 30.00 ) per hour times a multiple of 2.9154 ( ). 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 (2.915)4 times the employees' Direct Personnel Expense as defined in Article 3. One 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 0.00 dollars($ ), which shall be credited to the OWNER's account. AA Reimbursable Expenses—As defined in Article 4, times a multiplier of One 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: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . wo Concept Design 75 kg113i3dIb . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . °Jo . . .Exvi.jjviinary.Plat. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . 100 010 Construction Contract Documents Phase . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . ..... . . . . . . . .. . .. . . . . . . To Bidding or Negotiating Phase . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . .. . . . ... . . . . . . .. . .. . . . . . . Construction Phase. .. .. . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 010 Page 2 of Part III. 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 completing a topographic survey of a 60t acre area Northeast of MidPort America Park Plat No.2,preparing conceptual layouts for future development of this area and a Preliminary Plat for future lots. This Project also includes conceptual layouts for the re-platting of part of Lot 12,MidPort America Park Plat No.2. This Project does not include design of construction improvements, although these services may be added by Supplemental Agreements to this Agreement. (Folder\ivlidPort America Park Plat No.3\Terms&Conditions.doc) Part 111,TERMS AND CONDITIONS Article 1. ENGINEER'S SERVICESGINEER's Opinion of the Construction Cost w n Cges in requirements, general market conditions or er 1.1 Basic Services con ions so warrant. The ENGINEER agrees to perform professional services in 1.1.4. At the OWNER'S request, assist the 0 ER's connection with the Project, including normal civil, strut- legal c nsel in connection with his review of the struc- tural, mechanical and electrical services and normal architec- tion Co act Documents for their legally related as cis. tural services related thereto,as set forth below and contained 1,1.4.5 rnish copies of the C struction within this Agreement Contract cuments for the OWNER's review a approval. 1.1.2 Schematic Design Phase 1.1.5 Bid g or Negotiating Phase During the Schematic Design Phase the ENGINEER shall: Upon receipt f the OWNER'S written appro of the Con- 1.1.2.1 Consult with the OWNER to ascertain the struction Con ct Documents Phase and I st Opinion of OWNER's requirements for the Project. the Constructio Cost, and written authori ion to proceed 1.1.2.2 Advise the OWNER as to the necessity of his ob- with the Biddin or Negotiating Phase, e ENGINEER taining additional services such as described within Article 1, shall: paragraph 1.2 "Additional Services" and if authorized by 1.1.5.1 Assist the WNER in obtainin ids or negotiating the OWNER, shall provide, or assist him in procuring such bid proposals, in alyzing bids an proposals, and in additional services. awarding the Constr ion Contract. 1.1.2.3 Prepare a preliminary engineering study and report, which will consist of schematic design documents and reports 1.1.6 Construction Ph e of studies as necessary for review and written approval by Upon award of any Co ruction mract based upon the the OWNER. Construction Contract D uments mpiled by the ENGI- 1.1.2.4 Prepare a statement of the ENGINEER's Opinion NEER, the Construction P e of is Agreement shall com- of the Construction Cost based upon the preliminary designs mence and the ENGINEER s 11: developed under this Phase. 1.1.6.1 Act as the OWNER' a esentative with duties and 1.1.2.5 Furnish ten (10) copies of the Schematic responsibilities and limitations authority as described in Design Documents for the OWNER's review and approval. the General Conditions to the nstruction Contract. The OWNER shall not modify Construction Contract 1.1.3 Design Development Phase Documents without the writte co ent of the ENGINEER. Upon receipt of the OWNER's written authorization to pro- 1.1.6.2 Advise and consult ith t OWNER during the ceed with the Design Development Phase, the ENGINEER Construction Phase and t ENG EER shall issue the shall: OWNER's authorized instr ions tot Contractor. 1.1.3.1 Advise the OWNER as to the necessity of his ob- 1.1.6.3 Make periodic vi s to the si of the construction taining further additional services and if authorized by the to observe the progress a quality of t construction work OWNER, shall provide, or assist him in procuring such ser- and to determine, in gen I, if the result f the construction vices. work are in accordance ith the Drawing nd the Specifica- 1.1.3.2 Prepare from the approved Schematic Design tions. On the basis f his on-site ob rvations as an Studies, for approval by the OWNER, the Design Develop- ENGINEER, he sh endeavor to gua the OWNER ment Documents consisting of design criteria, drawings and against apparent def is and deficiencies i the permanent outline specifications to develop and establish the scope of work constructed by a Contractor but doe of guarantee the Project. the performance of he Contractor. The EN NEER shall not be required to ke exhaustive or continuo on-site ob- 1.1.3.3 Prepare a statement of the ENGINEER's Opinion servations to chec the quality or quantity of a construe- of the Construction Cost for the Project based upon designs tion work. The GINEER is not responsible f construc- tion means, me ods, techniques, sequences or cedures, 1.1.3.4 Furnish ten (10). copies of the Design De- time of perfor nee, programs, or for any safe precau- velopment Documents for the OWNER's review and tiers it co. �ticn with the w utructior w L The approval. ENGINEER not responsible for the Contractor's lure to l.l. execute the rk in accordance with the Constructi Con- tract. Upon ipt of the OWNER'S written au anon to pro- 1,1.6.4 view the Contractor's request for prog sive teed with Construction Contrac uments Phase, the ENGINEER s paymen nd based upon said on-site observation, advi the OWN as to the ENGINEER's opinion of the extent the 1.1.4.1 Prepare the ontract forms including pro- work in leted in accordance with the terms of the Cons c- posal forms and n bidders, drawings, technical tion ontract as of the date of the Contractor's pay nt specifications an er docu s as required to complete req t and issue, for processing by the OWNER, a Cert the Construe ' ontract Docume ca for Payment in the amount owed the Contractor. T 1.1.4.2 nish to the OWNER enginee ata and docu- i ante of Certificates for Payment shall constitute a decla me o that the OWNER may secure a 1 from on by the ENGINEER to the OWNER, based upon sai g rnmental authorities having jurisdiction o the site observations, review and data accompanying the Project. Page 3 of_ ssed to the point indicated;that to the best�f_fhe, .1.Z7- P-mviding...special-analysin-of the-OWNER s needs - k's knowledge,information and belief,the quality of such as owning and operating analysis, OWNER's operating Co actor's work is in accordance with the Constru n and maintenance manuals,OWNER's special operating draw- Cont ct Documents (subject to subsequent tests and iew ings or charts,and any other similar analysis, requir by the Construction Contract Documents,t rrec- tion of inor deviations from the Construction ontract para Providing planning surveys, site evaluations and com- Documen and to qualifications stated in the Ce irate for Parative studies of prospective sites. Payment); d that the Contractor is entitled t e amount 1.2.9 Providing any type of field surveys for design pur- stated. The suing of the Certificate for P ent by the poses, "stake out"of the location of the work, and any other ENGINEER 11 not represent that he has a any investi- special field surveys. gation to deter 'ne the uses made by the tractor of sums 1.2.10 Furnishing additional copies of reports and addi- paid to the Cont tor. tional prints of Drawings and Specifications in excess of those 1.1.6.5 Make rec mendations to OWNER on all stipulated in the Agreement. claims relating to t execution and gress of the construc- 1.2.11 Investigations involving detailed consideration of tion work. The ENG EER's decis' s in matters relating to the ENGINEER'S dest shall be f operations, maintenance and overhead expenses; the prepara- tion of rate schedules, earnings and expense statements, feasi- 1.1.6.6 'Notify the O R of rmanent work which does bility studies, appraisals and valuations; detailed quantity not conform to the r ]t uired in the Construction surveys of material and labor; and material audits or inven- Contract, prepare a writ port describing any apparent tories required by the OWNER. non-conforming permane ork and make recommenda- 1.2.12 Additional services when the Project involves more tions to the OWNER for' orrection and, at the request of than one Construction Contract, or separate equipment the OWNER, have rec m dations implemented by the contracts. Contractor. 1.2.13 Preparing special Change Orders when requested by 1.1.6.7 Review shop awings, mples, and other submit- the OWNER which are not within the scope of Article 1, tals of the Contrac only for eral conformance to the "ENGINEER'S SERVICES,"paragraph 1.1.6.8. design concept of Project and f general compliance with the Construction ntract. 1.2.14 Making a review of the Project prior to expiration of the guarantee period and reporting observed discrepancies 1.1.6.8 Prepa Change Orders or 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 C uct a construction progre review related to conforming to construction records provided to the the Cont tor's date of completion; eceive written ENGINEER,made by the Contractor during the construction guarante and related data assembled by a Contractor; process. and iss o the OWNER a Certificate of Fina ayment. 1.2.16 Additional or extended services during construction 1.1-6. The ENGINEER shall not be respo le for the made necessary by (1) work damaged by fire or other cause defe or omissions in the work result of the Con ctors, or during construction, (2) defective or incomplete work of the an ubcontractors, or any of the Contractor's o ubcon- Contractor, (3) prolongation of the initial Construction tr or's employees, or that of any other persons o ntities Contract time beyond the contract time, (4) acceleration of ponsible for performing any of the wo on- the work schedule involving services beyond established office working hours, and (5) the Contractor's default under Construction Contract due to delinquency or insolvency. ].2 Additional Services 1.2.17 Providing assistance in the initial start-up, testing, If authorized in 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 govenment grants,loans or advances. structed or operated as a part of the Project. L2.2 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 litigation 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. Page 4 of_ Article 2. OWNER'S RESPONSIBILITIES Article 3 DIRECT PERSONNEL EXPENSE ------------------------------------_-.__ __, -Direct-Personnel-Ex ettse ig-deCned as The-direct-lalior Costs The OWNER shall: 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 not 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 unreasonable delay in the progress of the ENGINEER's services. 2.3 Furnish to the ENGINEER a complete land survey of the Project site which shall include but not be limited to service and utilities locations with depths and invert grades, easements, rights-of-way, contours, grades, streets, alleys, pavements, adjoining property, encroachments, zoning and deed restrictions, existing buildings, improvements and tree Article 4 REIMBURSABLE EXPENSES locations. 4.1 Reimbursable Expenses are in addition to compensation 2.4 Furnish soils data including but not limited to reports, to the ENGINEER for Basic and Additional Services and test borings, test pits, probings, subsurface exploration, soil include expenditures made by the ENGINEER,his employees bearing values, percolation tests, ground corrosion and resist- or his consultants in the interest of the Project. Reimbursable ivity tests,all with appropriate professional interpretation. Expenses include but are not limited to: 4.1.1 Expense of transportation, subsistence and lodging 2.5 Furnish laboratory tests, air and water pollution tests, when traveling in connection with the Project. reports and inspections of samples, materials or other items required by law or by governmental authorities having juris- 4.1.2 Expense of long distance or toll telephone calls, tele- diction over this 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 the Project. services necessary for the Project, legal review of the 4.13 Expense of all reproduction, postage and handling of Construction Contract Documents,and such auditing services Drawings, Specifications, reports or other Project-related as the OWNER may require to account for expenditures of work product of the ENGINEER. sums paid to the Contractor. 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 4.1.5 When authorized in advance by the OWNER, expense others as may be necessary for completion of the Project. 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 may rely upon them 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 of 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_ Article 6 GENERAL PROVISIONS by written instrument signed by both the OWNER and the ENGINEER. 6.1 Ownership of Documents 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 damages or delay in performance caused by acts of God, ENGINEER to further compensation in amounts to be agreed upon by the OWNER and the ENGINEER. strikes, lockouts, accidents, or other events beyond the control of the other or the other's employees and agents. 6.6.3 In the event any provisions of this Agreement shall be ' 6.2 Delegation of Duties held to be invalid and unenforceable, the remaining provis- Neither the OWNER 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 due 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. Page_of_ 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 $5,010, 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. This Agreementexecuted the day and year-written at the beginning of the Agreement. OWNER: ENGINEER: City of Waterloo, Iowa Wayne Claassen Enginee 'ng and Surveying, Inc. B- — By: 1 -Timothy J.LVUrley, or William J. C aassen, President Attest By: Attest By: Nancy Ecke City Clerk Deborah K. Schumacher Page—of-