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HomeMy WebLinkAboutWayne Claassen Engineering and Surveying, Inc.-Professional Services Agreement-05.12.2008 "G E"�, AGREEMENT euo;%6'L BETWEEN A '� OWNER AND ENGINEER �► FOR �°U M�` PROFESSIONAL SERVICES Part I. PARTIES AND PROJECT THIS AGREEMENT is made on the a 1 Day of /�seky. in the year 2008 between The City of Waterloo, Iowa the Owner and Wayne Claassen Engineering and Surveying, Inr. , the Engineer, for the following Project: Northwest _Interceptor Sewer, Phase I Coils trurtion Engineering Servireq far segment from West side of Black Hawk Creek up to U.S. 218 The Owner and the Engineer agree as follows: Page 1 of 12 ACEC Owner-Engineer Agreement, Document No. 4 © THE AMERICAN CONSULTING ENGINEERS COUNCIL 1155 15th Street, N.W.,Washington, D.C.20005 • Part II. ENGINEERING CHARGES: MULTIPLE OF DIRECT PERSONNEL EXPENSE 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 and Additional Services, as defined in Paragraph 1.2, as follows: A.I.1 Principals' time at the rate of Thirty—one dollars($ 31.00 ) per hour times a multiple of 2.9154 ( ). For the purposes of this Agreement, the Principals are identified as: William J. Claassen A.1.2 Employees' time(other than Principals')at a multiple of (2.915A) times the employees' Direct Personnel Expense as defined in Article 3. A.1.3 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.2 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. A.3 Reimbursable Expenses—As defined in Article 4, times a multiplier of ( ) A.4 The Maximum Amount Payable on this Supplemental Agreement without prior written approval is $90,000.00. Page 2 of 12 Part III. TERMS AND CONDITIONS Article 1.ENGINEER'S 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 a sanitary interceptor sewer to be constructed from the existing 36" dia.Black Hawk Creek Crossing to the south side of U.S. 218 near Vaughn Street.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 1.Project Administration and Meetings.This task includes coordination of the Project with the City,Contractor and property owners,and progress meetings during the Construction Phase as necessary to discuss the Project. Task 2. Construction Survey.This task consists of all construction staking required for the Contractor to construct the Project. Task 3.Construction Review.This task consists of reviewing the Contractor's work for general conformance with plans and specifications,and preparing change orders and pay estimates. Task 4.Project Closeout.This task consists of record keeping,meetings,correspondence and review with City personnel as necessary to closeout the Project with the Contractor and City. Page 3 of 12 • Part III-TERMS AND CONDITIONS __ :4:3 --Advise-the-OWNER-oF-any-adjustmentstopi-evio E EER's Opinion of the Construction Cost. en Article I. ENGINEER'S SERVICES 1Basic Services chang - requirements, general market conditions other condition warrant. e ENGINEER agrees to perform professional services ' I.1.4.4 At t OWNER'S request, assist OWNER'S co ection with the Project, including normal civil, sir c- legal counsel in c ection with his revie f the Construe tur , mechanical and electrical services and normal arch ec- 'ion Contract Docu is for their legal related aspects. tura ervices related thereto, as set forth below and cont •ned 1.1.4.5 Furnish withi this Agreement tes of the Construction Contract Documents for the �N' hR's review and approval. 1.1.2 \chematic Design Phase • • During e Schematic Design Phase the ENGINEER hall: 1.1.5 B1dding or Negotia ' g Ph Con- 1.1.2.1 onsult with the OWNER to asce Lain the Upon receipt of the 0 ER's writte °.._.proval of the OWNER'S equirements for the Project. stniction Contract..3ocuments Phase an'.-.atest Opinion of the Constructiol-: ost, and written authoriz :on to proceed 1.1.2.2 A ise the OWNER as to the necessit of his ob- with the Bi. .rig or Negotiating Phase, the GINEER taming addtt nal services such as described wi in Article 1, shall: paragraph 1. "Additional Services" and if uthorized by 1.1.5. Assist the OWNER in obtaining bids or nego n- ing the OWNER, all provide, or assist him in •rocuring such bi ro osals i additional servi: s. P n analyzing bids and proposals, and arding the Construction Contract. 1.1.2.3 Prepare preliminary engineering tudy and report, which will consist f schematic design doe ents and reports 1.1.6 Construction Phase of studies as nece ary for review and ritten approval by Upon award of any Construction Contract based upon the the OWNER. Construction Contract Documents compiled by the ENGI- 1.1.2.4 Prepare a s tement of the E GINEER's Opinion NEER, the Construction Phase of this Agreement shall corn- of the Construction Ce t based upon e preliminary designs mence and the ENGINEER shall: • developed under this PAase. 1.1.6.1 Act as the OWNER's representative with duties and 1.1.2.5 Furnish k copies of the Schematic responsibilities and limitations of authority as described in Design Documents for th OWNER1S review and approval. the General Conditions to the Construction Contract. The OWNER shall not modify the Construction Contract 3 1.1 Design Developmen has/ Documents without the written consent of the ENGINEER. Upon receipt of the OWNE `st itten authorization to pro- Geed with the Design Develoent Phase, the ENGINEER 1.1.6.2 Advise and consult with the OWNER during the shall: Construction Phase and the ENGINEER shall issue the 1.1.3.1 Advise the OWNS as to the necessity of his ob- OWNER's authorized instructions to the Contractor. taining further additional s�rvic and if authorizedI.1.6.3 Make periodic visits to the site of the by the construction assist im in procuring such ser- to observe the progress and quality of the construction work OWNER, shall provide, o vices_ and to determine, in general, if the results of the construction work are in accordance with the Drawings and the Specifica- 1.1.3.2 Prepare from the appro d Schematic Design [ions. On the basis of his on-site observations as an Studies, for approval the OWNER the Design Develop- ENGINEER, he shall endeavor to guard the OWNER against apparent defects and deficiencies in the permanent ment Documents consting of design�riteria, drawings and outline specifications/0 develop and establish the scope of work constructed by the Contractor but does not guarantee the Project_ the performance of the Contractor. The ENGINEER shall . 1.1.3.3 Prepare statement of the EN � NEER's Opinion not be required to make exhaustive or continuous on site ob of the Constructin Cost for the Project based upon designs nervations to check the quality or quantity of the construc- established to thi• point. v tion work. The ENGINEER is not responsible for construc- 1.1.3.4 Furni ° tion means, meIhods, techniques, sequences or procedures, copies o the Design De- time of performance, programs, or for any safety precau- velopment D uments for the OWNER'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. Con "ruction Contract Documents Phase execute the work in accordance with the Construction Con- Upon recent of the OWNER'S written authorizatrn to pro- tract. 1.1.6.4 Review the Contractor's request for progressive ceed withithe Construction Contract Documents ase, the ENGINR shall: payment, and based upon said on-site observation, advise the • • 1.1.4.1 Prepare the required Contract forms includi pro- OWNER as to the ENGINEER'S opinion of the extent of the posal orms and notice to bidders, drawings, to nical work completed in accordance with the terms of the Construc- specif tions and other documents as required to co lete tion Contract as of the date of the Contractor's payment request and issue, for processing by•the OWNER, a Certifi- the nstruction Contract Documents. •1.1 .2 Furnish to the OWNER engineering data and d u_ cate for Payment in the amount owed the Contractor. The • issuance of Certificates for Payment shall constitute a declar- • . m is so that the OWNER may secure approval fr ation by,the ENGINEER to the OWNER, based upon said g ernmental authorities having jurisdiction over th on-site observations, •review and data accompanying the oject. request for payment, that the Contractor's'work has pro- Page 4 _of .12 pressed.to the int_-ind Bated; that:to ihe:best_flf.the::ENCI- _ NEER's knowledge,information and belief,the ualit of the ��.7-�rovtding -special--analysis -{3WN£j2's-needs.- - -- -- q Y 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 Contractcorn- Documents Providing planning surveys,site evaluations and and to qualifications stated in the Certificate for parative 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 paid to the Contractor. 1.2.10 Furnishing additional copies of reports and addi- tional awings 1.1.6.5 Make recommendations to the OWNER on all stipulated in the Argreeme tnd Specifications in excess of those claims relating to the execution and progress of the construc- tion work. The ENGINEER's decisions in matters relating to 1.2.11 Investigations involving detailed consideration of the ENGINEER's design shall be final. operations, maintenance and overhead expenses;the prepara- 1.1.6.6 'Notify the OWNER of permanent work which does bitty studies schedules,earningsd and expense quantity feasi- 1.1.6.6 appraisals and valuations; detailed quantity not conform to the result required in the Construction surveys of material and labor; and material audits or inven- 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 the OWNER, have recommendations implemented by the one Construction Contract, or separate equipment cons . Contractor. contracts. 1.1.6.7 Review shop drawings, samples, and other submit 1.2.13 Preparing special Change Orders when requested by the OWNER which are not within the scope of Article 1, tals of the Contractor only for general conformance to the design concept of the Project and for general compliance with "ENGINEER'S SERVICES,"paragraph 1.1.6.8. the Construction Contract. • 1.2.14 Making a review of the Project prior to expiration of 1.1.6.8 Prepare Change Orders for the OWNER's the guarantee period and reporting observed discrepancies approval. under guarantees provided by the Construction Contract. 1.1.6.9 Conduct a construction progress review related to 1.2.15 Preparing a set of reproducible record .drawings conforming to construction records provided to the the Contractor's date of completion; receive written guarantees and related data assembled by the Contractor; ENGINEER,made by the Contractor during the construction and issue to the OWNER a Certificate of Final Payment process. 1.1.6_I0 The ENGINEER shall not be responsible for the 1.2.16 Additional or extended services during construction defects or omissions in the work result of the Contractors, or made necessary by (1) work damaged by fire or other cause any Subcontractors, or any of the Contractor's or Subcon- during construction, (2) defective or incomplete work of the tractor's employees, or that of any other persons or entities Contractor, (3) prolongation of the initial Construction responsible for Contract time beyond the contract time, (4) acceleration of 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 1.2 Additional Services Construction Contract due to delinquency or insolvency. • 1.2.17 Providing assistance in the initial start-up, testing, If authorized in writing by the OWNER, the ENGINEER rofes- adjusting or balancing,or operation of equipment or systems, agrees to furnish or obtain from others, additional P or training personnel for operation or maintenance of equip- sional services in connection with the Project, as set forth meet 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. strutted 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 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 • control of the ENGINEER. this Agreement, including services normally furnished by the 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. 1.2.6 Preparation of detailed renderings, exhibits or scale 1.2.21 Providing Resident Project Representative services to models for the Project. give the OWNER more extensive on site representation • during the Construction Phase. • Page 5 of 12 Article 2. OWNER'S RESPONSIBILITIES Article.3. ..DIRECT PERSONNEL EXPENSE ._ .._. .. The OWNER shall Direct Personnel Expense is defined as the direct labor costs 2.1 Provide to the ENGINEER all criteria, design and con- incurred by the ENGINEER directly attributable to the 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: 2.5 Furnish laboratory tests, air and water pollution tests, 4.1.1 Expense of transportation, subsistence and lodging reports and inspections of samples, materials or other items when traveling in connection with the Project. 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 securin 2.6 Provide legal, accounting, and insurance counseling the Projectg approval of authorities having jurisdiction over services necessary for the Project, legal review of the Construction Contract Documents, and such auditing services 4•l.3 Expense of all reproduction, postage and handling of as the OWNER may require to account for ex Drawings, Specifications, reports or other Project-related penditures 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 others as may be necessary for completion of the Project. 4.1.5 When authorized in advance by the OWNER, expense 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 performance of his services under this Agreement. Article 5 PAYMENTS TO THE ENGINEER 2.9 Obtain bids or from contractors for work 5.1 Progress payments shall be made in proportion to relating to this Project proposalsand bear al costs relating thereto. services rendered and as indicated within this Agreement and shall be due and owing within thirty days of the ENGINEER'S submittal of his monthly statement. Past due amounts owed 2.10 Protect and preserve all survey stakes and markers shall include a charge at the maximum legal rate of interest placed at the Project site prior to the assumption of this 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 2.11 Guarantee full and free access for the ENGINEER to menten notice to OWNER suspend services under this Agree- enter upon all property required for the performance of the ENGINEER'S services under this Agreement. 5.3o deductions shall be made from. the ENGINEER'S 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 ENG INEER'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 2.13 Compensate the ENGINEER for services rendered . OWNER, terminate this Agreement and the OWNER shall under this Agreement. • compensate the ENGINEER in accordance with the terming • - • . tion provision contained hereafter in this Agreement. Page ' of 12 • • :..__.__:-:::._Ariicleb--=c,ENEiZAL��ROVIS;i{flNS.... by written instrument-signed•by both the OWNER end 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, • strikes, lockouts, accidents, or other events beyond the upon by the OWNER and the ENGINEER, 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- ions shall be valid and binding upon the parties.One or more Neither the OWNER nor the ENGINEER shall delegate his waivers by either party of any provision, term, condition or duties under this Agreement without the written consent of 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 •.by either party by seven relating to the Contractor's safety precautions or to means, This Agreement may be terminated 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 not limited to shoring, scaffolding, underpinning, temporary Agreement is terminated, the ENGINEER shall be paid for 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 15c7o 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 agree- the ENGINEER has no control over the cost of labor and This Agreement represents the entire and integrated g 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. • • 7 12 •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 FOOD,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 55,000, 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 8 of 12 7.3 -tesident-Construction Review Services 7.3.1 If requested by the OWNER or recommended by the ENGINEER and approved in writing by the OWNER, the ENGINEER shall provide one or more full time Resident Project Representatives to assist the ENGINEER in order 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 9 of 12 • 7.4 Limitation of Liability The OWNER agrees to limit the ENGINEER'S liability to the OWNER on the Project, due to the ENGINEER'S professional egligent actts,errors a or omissions,nd to all such that thruction e total aggregateactors liability Subcontractors the ENGINEER to those named shall not exceed fifty thousand ($50,000) dollars or the ENGINEER'S total e for services rendered on this Project, whichever is greater. Page 10 of 12 EXHIBIT "A" This Exhibit is attached to and made a part of the Agreement between the OWNER, the City of Waterloo, Iowa and the ENGINEER, Wayne Claassen Engineering and Surveying. Inr_ dated 2008 , for the Project known as Norhwest Interceptor Sewer, Phase 1 LIMITATIONS OF AUTHORITY, DUTIES AND RESPONSIBILITIES OF THE RESIDENT PROJECT 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 though 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 soil and sewer construction testing results. c. Prepare monthly pay estimates for work performed by the Contractor. d. Closeout the Project with the City and the Contractor. Page 11 of 12 This Agreement executed the day and year written at the beginning of the Agreement. OWNER: ENGINEER: City of Waterloo, Iowa Wayne Claassen Engineering and Surveying, Inc. B Timothy J. Hur y, Ma or William J. Claassen, President Attest By: A est By: -51-4LJ9-- . 4: Nancy k t, City Clerk Denise A. DeLeon Page 12 of 12 L