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HomeMy WebLinkAboutWillet Hofmann & Associations - PSA - 8.7.2023WI LLETT HOFMAN N & A S S O C I A T E S INC ENGINEERING ARCHITECTURE LAND SURVEYING June 23, 2023 Mr. Mohammad Elahi City of Waterloo Traffic Operations 625 Glenwood Street Waterloo, IA 50703 Re: Proposal for Professional Services US 63/Logan Avenue Adaptive Traffic Signals Construction Administration Dear Mohammad: wendler wendier engineering serviCeS, int. Civil • structural . surveying Acquired by Willett, Hofmann & Associates In response to your request, Willett, Hofmann & Associates, Inc. is pleased to submit the following proposal for Professional Services for your review and consideration. The scope of services described herein is based on our present understanding of the needs of the Project. PROJECT UNDERSTANDING: The City of Waterloo (OWNER) is installing adaptive traffic signals along US 63/Logan Avenue at the following intersections: Newell Street/Conger Street, Parker Street, Esther Street, Dale Street and Donald Street. The Project was let by the Iowa Department of Transportation (IDOT) on November 15, 2022. The Project has an IDOT Project Number of ICAAP-SWAP-8155(781)—SH-07 and a City of Waterloo Project Number of TOF-299. The Project is scheduled for a late start date of September 18, 2023 and has a total contract time of 30 working days. The awarded value of the Project is $162,450.00. The City anticipates that the Contractor will require only about 10 working days to complete the Project. SCOPE OF PROFESSIONAL SERVICES: Willett, Hofmann & Associates, Inc. (ENGINEER) proposes to provide the following engineering services: 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 ENGINEER's staff. It will include ongoing communications with the OWNER (correspondence, phone calls, etc.) and the preparation and submittal of monthly invoices to the OWNER for reimbursement of costs and fees. II. Construction -Related Services A. The ENGINEER shall perform limited construction administration for the OWNER during the Construction Phase of the Project. The ENGINEER shall perform part-time, 625 32nd Avenue SW, Cedar Rapids, IA 52404 T: (319) 378-1401 F: (815) 284-3385 Will ettHofniann.coni Mr. Mohammed Elahi City of Waterloo Traffic Operations June 23, 2023 Page 2 remote construction observation for the OWNER during the Construction Phase of the Project. 1. Non -Resident Project Representative (NRPR) — Provide the services of an NRPR primarily through remote observation of the Site via the OWNER's traffic monitoring cameras in and adjacent to the Site to assist the ENGINEER and to provide limited observation of Contractor's work. Remote observation will be conducted at intervals appropriate to the various stages of construction. The furnishing of such NRPR's services will not extend ENGINEER's responsibilities or authority beyond the specific limits set forth elsewhere in this Agreement. 2. Change Orders and Work Change Directives — Prepare Change Orders and Work Change Directives, as required. 3. Weekly Report of Working Days — Based on ENGINEER's remote observations and additional information provided by OWNER, prepare Weekly Report(s) of Working Days to document time charged to Project versus actual work completed by Contractor — from Contract Start Date to Substantial Completion. 4. Applications for Payment — Based on ENGINEER's remote observations as an experienced and qualified design professional, and additional information provided by OWNER, as needed, and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that ENGINEER recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute ENGINEER's representation to OWNER, based on such observations and review, that, to the best of ENGINEER'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 ENGINEER's responsibility to observe Contractor's work. In the case of unit price work, ENGINEER'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, ENGINEER shall not thereby be deemed to have represented that observations made by ENGINEER 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 ENGINEER in this Agreement and the Contract Documents. Neither ENGINEER's review Mr. Mohammed Elahi City of Waterloo Traffic Operations June 23, 2023 Page 3 of Contractor's work for the purposes of recommending payments nor ENGINEER's recommendation of any payment including final payment will impose on ENGINEER 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 ENGINEER 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 OWNER free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between OWNER and Contractor that might affect the amount that should be paid. 5. Assist with Project Close-out — Submit necessary documents for final, post - construction Project review including completion of the pre -audit checklist, materials audit, and Project close-out to OWNER and/or applicable regulatory agencies upon completion of construction. B. Limitation of ENGINEER's Authority and Responsibilities — Neither ENGINEER's authority or responsibility under this Agreement or under any other provision of the Contract Documents nor any decision made by ENGINEER 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 ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. ENGINEER 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. ENGINEER 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 ENGINEER's Consultants, Resident Project Representative, and assistants. FEE FOR PROFESSIONAL SERVICES: The above scope of services will be provided at our standard hourly rates, which are in effect at the time the work is performed. The total fee is estimated at fourteen thousand dollars and no cents ($14,000.00). SCHEDULE OF WORK TO BE DONE: Construction work on the Project is expected to start in late June, with a scheduled completion date of thirty (30) working days. Project is expected to be closed by March 31, 2024. Mr. Mohammed Elahi City of Waterloo Traffic Operations June 23, 2023 Page 4 DELIVERABLES • Weekly Report of Working Days • Application for Payment Estimates • Change Orders • Project Close-out Documents OWNER'S RESPONSIBILITIES MATERIAL AND INFORMATION TO BE PROVIDED BY THE OWNER: The OWNER shall provide the following material and information related to the project: A. Information, as needed, to prepare aforementioned Project Deliverables. TASKS TO BE PERFORMED BY THE OWNER: The OWNER shall perform the following tasks related to the project: A. General Administration of Construction Contract — OWNER's instructions to Contractor will be issued through OWNER. B. Conduct pre -construction conference, construction progress and other job -related meetings, and participate in Substantial Completion and final payment inspections. C. Provide ENGINEER with access to traffic monitoring cameras in and adjacent to Project Site to allow for remote construction observation by ENGINEER's staff. D. Attend progress meetings with Contractor E. Perform visits to Site and direct observation of construction. F. Identify defective work. G. Clarify and interpret Contract Documents and give field orders. H. Review shop drawings and samples. I. Evaluate and determine acceptability of substitute or "or -equal" materials and equipment proposed by Contractor. J. Require special inspections or tests of Contractor's work. K. Review field testing documentation. L. Render decisions on disagreements between OWNER and Contractor. M. Receive and review Contractor's Completion Documents. N. Conduct a final inspection to determine if Contractor's completed work is acceptable and prepare Statement of Completion and Final Acceptance of Work. O. Prepare Record Drawings. P. Prepare and submit monthly and final claims for reimbursement to Iowa Department of Transportation. TERMS & CONDITIONS: • The attached Terms and Conditions are made a part of this Agreement. Additional Services requested above and beyond those described herein shall be provided and performed as outlined on the attached Terms and Conditions. This proposal is valid for thirty (30) calendar days from the date of this proposal. The proposed scope of services described above are negotiable, however if the proposed services and terms meet with your approval, please sign this letter agreement, and return one copy to our office. Mr. Mohammed Elahi City of Waterloo Traffic Operations June 23, 2023 Page 5 PROPOSAL ACCEPTED: I hereby authorize this work to proceed as outlined above and have read and accept the attached Terms and Conditions. By Quen-Ein Sri Name/Title Quentin Hart, Mayor Date 8/7/2023 Thank you for your interest in Willett, Hofmann & Associates, Inc. and for this opportunity to be of service. We look forward to working with you on this project. If you have any questions, please do not hesitate to call. Sincerely, WILLETT, HOFMANN & ASSOCIATES, INC. Fis BY rdan K. Primus, P.E. JKP:eh Encl. cc: File TERMS AND CONDITIONS - CITY OF WATERLOO Standard of Care: Services provided by Willett, Hofmann & Associates, Inc., hereinafter referred to as "WHA", under this Agreement will be performed in a manner consistent with the human degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Additional Services: When Additional Services beyond the defined scope are requested, an amendment will be prepared for approval by the Client prior to commencing work. Additional Services shall be performed on a time and material basis at Standard Hourly Rates in effect at the time the services are performed, or for a negotiated fee. Billing / Payment: The Client agrees to pay for all services performed and all costs incurred by WHA. Invoices for services shall be submitted either upon completion of such services or on a monthly or otherwise regular or logical basis. Invoices shall be due and payable within 30 days of invoice date. Client shall notify WHA of any objections to the invoice within five (5) working days of receipt. Payment of any invoice indicates Client's acceptance of this Agreement and satisfaction with the services provided. Payment of invoices is in no case subject to unilateral discounting, back charges, or set offs by the Client, and payment is due regardless of suspension or termination of this Agreement by either party. Accounts unpaid 60 days after the invoice date may be subject to a monthly service charge on the unpaid balance. In the event that any portion of an account remains unpaid after 120 days after the invoice date, WHA may institute collection action and the Client shall pay all costs of collection, including reasonable attorney's fees. Termination, Suspension or Abandonment: In the event of termination, suspension or abandonment of the project, WHA shall be equitably compensated for services performed. Either the Client or WHA may terminate this Agreement after giving no less than seven (7) days' written notice if the other party substantially fails to perform in accordance with the terms of the Agreement. Indemnification: WHA agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Client, its officers, directors and employees (collectively, Client) against all damages, liabilities or costs, including reasonable attorney's fees and defense costs, to the extent caused by WHA's negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom WHA is legally liable. The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless WHA, its officers, directors, employees and subconsultants (collectively, WHA) against all damages, liabilities or costs, including reasonable attorney's fees and defense costs, to the extent caused by the Client's negligent acts in connection with the Project and the acts of its contractors, subcontractors or consultants or anyone for whom the Client is legally liable. Neither the Client nor WHA shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence or for the negligence of others. Certification, Guarantees and Warranties: WHA shall not be required to execute any document that would result in certifying, guaranteeing or warrantying the existence of any conditions. Dispute Resolution: Any claims or disputes between the Client and WHA arising out of the services provided by WHA or out of this Agreement shall be submitted to non -binding mediation. The Client and WHA agree to include a similar mediation agreement with all contractors, subconsultants, subcontractors, suppliers and fabricators, providing for mediation as the primary method of dispute resolution among all parties. The laws of the State of Illinois will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in the courts of that State. December 2017 TERMS AND CONDITIONS - CITY OF WATERLOO Construction Means and Methods: WHA shall not be responsible for, nor have control over or charge of, construction means, methods, sequence, techniques, or procedures, or for any health or safety precautions required by any regulatory agencies in connection with the project. Construction Observation: When WHA does not provide construction observation services, it is agreed that the professional services of WHA do not extend to or include the review or site observation of the Contractor's work, performance, or pay request approval. In this situation, during construction, the Client assumes the role of the design professional and will hold harmless WHA for the failure of the Contractor's work to conform to the design intent and the contract documents. Adjustments, Changes or Additions: It is understood that adjustments, changes, or additions may be necessary during construction. The Client will maintain a contingency fund until construction is completed to pay for field changes, adjustments, or increased scope items. If WHA is performing Construction Observation, all change order amounts requested by Contractors constructing WHA designed items shall be submitted to WHA for review prior to being approved by contract holder. WHA will not approve amounts requested that are above a normal bid amount for the work involved. In no case will costs be assessed to WHA at the discretion of the Contractor, the Client, or the Owner without prior agreement and approval of WHA. WHA shall not be responsible for any cost or expense that provides betterment or upgrades or enhances the value of the Project. Project Signs: Project signs displayed at the construction site shall include "Willett, Hofmann & Associates, Inc." as the design professional for the applicable discipline. Articles for publication regarding this project shall acknowledge Willett, Hofmann & Associates, Inc. as the design professional for the applicable discipline. Electronic Files: The Client hereby grants permission for WHA to use information and data provided by the Client, including electronic background information produced or provided by the Client in the completion of the project. The Client also grants permission to WHA to release WHA's documents (including their backgrounds) electronically to consultants, contractors, and vendors as required in the execution of the project. Before release, WHA will require an executed waiver of liability for the use of any electronic documents and may charge a fee for this information. Use of Documents: Documents prepared by WHA are instruments of service for use solely with respect to the project. WHA shall retain all common law, statutory and other reserved rights, including the copyright. The Client shall not reuse or permit the reuse of WHA's documents except by mutual agreement in writing. Assignment: Neither party to this Agreement shall transfer, sublet or assign any rights or duties under or interest in this Agreement, including, but not limited to, monies that are due or monies that may be due, without the prior written consent of the other party. Subcontracting to subconsultants, normally contemplated by WHA as a generally accepted business practice, shall not be considered an assignment for purposes of this Agreement. December 2017 T A WILLETT HOFMANN ffi A S S O C I A T E S INC ENGINEERING ARCHITECTURE LAND SURVEYING GENERAL RATES FOR ENGINEERING SERVICES (FIELD AND OFFICE) EFFECTIVE APRIL 1, 2023 CLASSIFICATION OF EMPLOYEE REGULAR OVERTIME HOURLY RATE RATE President & General Manager Principal Engineering Manager Engineering Manager Civil Engineer IV Civil Engineer III Civil Engineering Intern II Civil Engineering Intern I SPP Civil Engineer I, II, III, IV Engineering Intern Principal Architectural Manager Architect Manager Architect IV Architect III Architectural Intern II Architectural Intern I SPP Architectural Intern I SPP Professional Architect I, II, III, IV Principal Prof. Land Surveyor Manager Prof. Land Surveyor Manager Prof. Land Surveyor IV Prof. Land Surveyor III Prof. Land Surveyor (SIT) II Prof. Land Surveyor (SIT) I SPP Professional Land Surveyor I, II, III, IV Technician IV Technician III Technician II Technician I SPP Technician I, II, III, IV Survey Worker Foreman Survey Worker Survey Worker Intern Administrative Assistant SPP Administrative Assistant Human Resource Administrator I Bookkeeper Bookkeeper/HR Supervisor Expenses and Materials From $220.00 $180.00 $150.00 $130.00 $120.00 $110.00 $90.00 $90.00 $60.00 $140.00 $130.00 $130.00 $120.00 $100.00 $50.00 $50.00 $50.00 $120.00 $120.00 $100.00 $90.00 $80.00 $70.00 $70.00 $90.00 $80.00 $70.00 $60.00 $60.00 $80.00 $80.00 $50.00 $50.00 $50.00 $60.00 $60.00 $70.00 At Cost To $340.00 $280.00 $280.00 $210.00 $190.00 $170.00 $150.00 $210.00 $100.00 $220.00 $210.00 $210.00 $190.00 $170.00 $100.00 $100.00 $210.00 $190.00 $190.00 $160.00 $150.00 $140.00 $120.00 $160.00 $150.00 $130.00 $120.00 $100.00 $150.00 $140.00 $140.00 $100.00 $90.00 $90.00 $100.00 $110.00 $120.00 Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate Regular Rate 1.3 x Regular Rate 1.3 x Regular Rate 1.3 x Regular Rate 1.3 x Regular Rate 1.3 x Regular Rate 1.3 x Regular Rate 1.3 x Regular Rate 1.3 x Regular Rate 1.3 x Regular Rate 1.3 x Regular Rate 1.3 x Regular Rate 1.3 x Regular Rate 1.3 x Regular Rate • The above hourly rates shall be applicable for a period of one year from the date hereon, after which time they shall be subject to adjustments to reflect payroll cost. • Generally field crews work a nine -hour day, which involves an hour of overtime each day. The rates for field personnel apply office to office exclusive of the lunch period • SPP - Special Personnel (SPP) Employees will be billed at the same rate as a I, II, III, or IV in the same classification.