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HomeMy WebLinkAboutVJ Engineering-Consultant Agreement-12.15.2008 15'0 6 —//11f CONSULTANT AGREEMENT THIS AGREEMENT, made between the City of Waterloo, a municipal corporation,hereinafter referred to as the City, and VJ Engineering,of Cedar Falls, IA hereinafter referred to as the Consultant. WHEREAS, the City seeks to utilize the professional services of the Consultant for roof related consulting design and construction phase services for the 2008 Cultural Arts Roof Improvements hereinafter referred to as the "Project"; NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Design, bid and construction phase services will be performed for the following roof areas : The main aggregate surfaced built up roof over the upper theatre roof, the lower adjacent built-up roof directly east of this roof and the plaza area roof with the 2' x 2' concrete pavers on, north of the upper theatre roof. DESIGN/BID PHASE Perform on-site visit to field measure and review details, interior and exterior conditions. Core samples will be taken and patched by a roofing contractor under our direction to verify existing roof assembly conditions. Preliminary Design Phase: Initial meeting with City staff to discuss design criteria. Our first inclination is to discuss the potential for the increasing R-value of the system to meet the International Building Code. There may be other project specific issues to discuss also after the initial site review(ie; improvements with tapered insulation). Provide preliminary construction cost information. Prepare design development documents, with preliminary plans, technical and contract specifications for the proposed roofing system. Meet with City staff to discuss such issues as removal of penetrations and construction schedule. Provide alternatives for the bid package and anticipated construction cost estimates based on design to date. Review other items of concern prior to final design. Prepare final (100%) Contract Documents based on the design review and input. Prepare an anticipated construction cost estimate per the final design. Bidding Phase: Print and distribute Contract Documents to plan houses, City, contractors, sub-contractors and suppliers. Answer questions from interested parties. Issue addenda to all parties bidding the project, whom have Contract Documents prior to bid. - Pre-Bid Meeting: Conduct a pre-bid meeting with interested contractors and City personnel to discuss technical issues, timing, scheduling, and other relevant issues. Letting &Award: Assist in obtaining bids, attend bid opening and provide our opinion for award of construction contract. Construction phase and project close-out services on a time and material basis. A summary of these services follows: Pre-Construction Meeting: Schedule, conduct and lead pre-construction meeting with the Contractor, sub-contractors, Owner and other involved parties. Review the following issues: Critical schedule dates with Owner; times specified in Contract Documents the Contractor is required to contact Consultant for on-site observation; coordination between Owner, Contractor, sub-contractors and consultant; technical issues, and other matters. Provide and distribute meeting minutes of issues and items discussed with resolution or status. On-Site Construction Observation: We propose to perform on-site construction observation to evaluate the performance of the Contractor and other associated parties for compliance with the Contract Documents as requested by City personnel. We will prepare and distribute written reports of the on-site observations. Our not-to-exceed fee is based on performing such visits twice per every 7 working days by the Contractor. If conditions warrant additional site visits, this fee may need to be adjusted. Construction Services: Resolve construction and coordination issues. Answer questions, resolve design and contractual related issues and meet on-site, if required during construction. Review, discuss, negotiate and issue any Change Orders required. Review and approve pay applications from the Contractor. Review and comment on shop drawings, material literature, and samples required by the Contract Documents. Substantial & Final Completion Inspection: Perform on-site substantial completion inspection, prepare punch list and distribute. Performa final inspection after punch list is complete for verification. Close-out Documents: Obtain the specified close-out documents (ie: warranties, lien waivers, construction record documents) from the Contractor and deliver originals to Owner. Record Documents: Provide a construction record drawing from information provided by the Contractor and as observed by the on-site representative. II GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section III. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Waterloo, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event,the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of$1,000,000. III. COMPENSATION FOR SERVICES SUMMARY OF FEES Design Services—Lump Sum $6,500 Limited Construction Phase Services—T&M—Not To Exceed - $ 3,500 TOTAL COMPENSATION - $10,000 Our hourly rates and fee schedule for providing construction services in the year 2008 are as follows. PROJECT ENGINEER $95.00/hr DRAFTING TECHNICIAN $60.00/hr SENIOR ENGINEERING TECHNICIAN $75.00/hr CLERICAL $35.00/hr EXPENSES 110%of our cost MILEAGE $0.60/MILE IV. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY OF WATERLOO FOR THE CONSULTANT By: Title: "haYD r Title: frr, eni- Date: / - 1 5 -t7 Date: Ay. v