HomeMy WebLinkAboutVJ Engineering-Engineering Agreement-02.23.2009 vj engineering
41/itc y L.
1501 technology pkwy, suite 100
cedar falls, iowa 50613
ph: (319) 266-5829 fax: (319) 266-5160
engineering—surveying
March 4, 2009
4 H P `R+ ks av
MAR
Attn: Noel Anderson '1OO
Planning Department
City of Waterloo
715 Mulberry Street �'�i� `®�
Waterloo, IA 50703 RL®®'
Dear Noel;
Please find enclosed one signed original of the Agreement for Engineering Services for
Martin Road Industrial Park property.
Please contact me if you have any questions regarding this matter.
Respectfully,
z)...,,Lotety7ajt,
Wendell Lupkes, L.S.
VJ Engineering
VJ Engineering,Inc.
0 We answer the H A R D questions!
(-co Ito. %t- - l St 3
AGREEMENT FOR ENGINEERING SERVICES
This Contract made and entered between the City of Waterloo, Iowa, party of the first
part, and hereinafter referred to as the "City"and VJ Engineering,party of the second part,
doing business as a corporation under the laws of Iowa and hereinafter referred to as the
"Consultant":
WITNESSETH
WHEREAS, the City has decided to develop Martin Road Industrial Park, City of
Waterloo, Black Hawk County, Iowa; and
WHEREAS, it has been agreed that the City shall proceed with the development:
WHEREAS, the said City desires to employ VJ Engineering, to provide engineering
and land surveying services in connection with the platting, design of improvements, and
preparation of cost estimates and construction plans, construction phase engineering services.
WHEREAS, the Consultant is willing to perform such work in accordance with the
terms hereinafter provided and does represent that it is in compliance with Iowa Statutes
relating to the registration of Professional Engineers and Land Surveyors:
NOW THEREFORE:
The parties hereto, for consideration hereinafter set forth, mutually agree as follows:
DEFINITIONS
Wherever in this Contract the following terms, or pronouns used in their stead occur,
they shall have the meaning here given:
"City" shall mean the City of Waterloo, Iowa, or its authorized representative, acting as
liaison officer for the City for the purpose of coordinating and administering the work
under the Contract.
"Consultant" shall mean the firm of VJ Engineering, Cedar Falls, Iowa.
II. GENERAL
A. The City will coordinate all communications and information and participate in
conferences as may be required.
B. The work under this Contract shall at all times be subject to the general
supervision, direction and approval of the City.
C. OBLIGATIONS OF THE CITY TO THE CONSULTANT—All existing
information applicable to the project shall be made available to the Consultant
without cost.
D. Compliance with all of the foregoing shall be considered to be within the
purview of this Contract and shall not constitute a basis for additional or extra
compensation.
III. SCOPE OF SERVICES
A. BASIC SERVICES
General Description. This project consists of preliminary platting, preliminary design
of street and utility extensions, preliminary costs estimates, construction plans and
construction engineering for sanitary sewer, final platting.
The work to be performed by the Consultant under this Contract shall encompass and
include all detail work, services, materials, equipment and supplies necessary for the
Consultant to perform the following tasks:
Preliminary Platting
Task 1. Research This task consists of gathering boundary and utility
information, flood plain and floodway mapping, adjacent zoning and adjacent
ownership.
Task 2. Field Survey This task consists of performing topographic and
boundary survey of entire area. (Approx. 50 acres)
Task 3. Preliminary Plat This task consists of preparing preliminary plat of entire
property for submission to Planning and Zoning.
Task 4. Plat Approval This task consists of attending all Planning and Zoning
and City Council meetings throughout the platting process.
2
Construction Plans—Preliminary Design
Task 5. Project Meetings. This task consists of preparation for and attendance at
meetings throughout the preliminary design phase with the City's project team.
Task 6. Field Survey. This task consists of all additional field surveys required to
obtain the necessary topographic data, ground elevations and cross sections required for
the preliminary and final design. Establishment of ties for critical survey points will be
included in this item.
Task 7. R-O-W Acquisition. This task consists of preparation of Plat of Survey
and Description for right-of-way acquisition, if needed.
Task 8. Plotting Survey Data. This task consists of the plotting of topographic
features,profiles and cross sections which are obtained from the field survey on plan
sheets.
Task 9. Research and Plot Existing Utilities. This task consists of any additional
researching underground utility locations with the various utility companies and plotting
such locations on the plan sheets for the project. Utilities to be researched include
sanitary sewer, storm sewer, electric, gas, water, telephone, fiber optic, and cable
television lines.
Task 10. Preliminary Typical Cross Sections. This task consists of a preliminary
determination of the roadway cross section for main line. The type and width of
pavement, shoulders and curbs will be determined.
Task 11. Preliminary Plan and Profiles. This task consists of the development of
preliminary plan and profile drawings. Included will be the necessary work to obtain
the preliminary design features for the roadway, as well as preliminary cross sections
for the determination of earthwork quantities and cost estimates. Consultant shall
provide two (2) sets of preliminary construction plans and specifications for review by
the City.
Task 12. Preliminary Storm Sewer Improvements. This task consists of determining
the necessary size, slope and location of storm drainage improvements, including any
major box culvert type improvements.
Task 13. Preliminary Construction Details. This task consists of the preliminary design
and drafting of miscellaneous details not included in the other tasks. Included are such
items as special grading details, special storm sewer or manhole details not included in
the standard drawings and special paving details.
Task 14. Coordination of Subsurface Investigation. This task consists of
determining the scope of work required for subsurface investigation on the project,
3
soliciting proposals for field work from qualified firms and all coordination work
required to obtain the necessary soil report. The actual field work and soils report are
considered an "Outside Services", and will be provided by a subcontractor and paid for
accordingly.
Task 15. Preliminary Quantities and Cost Estimate. This task consists of a
preliminary determination of the bid items to be included in the project, along with an
estimate of quantities and cost estimate for each item.
Construction Plans —Final Design (Sanitary Sewer)
Task 17. Final Sanitary Sewer Design. This task consists of final design of the
sanitary sewer mains, manholes, sanitary service lines, typical design details, and other
sanitary sewer details.
Task 18. Final Plan and Profiles. This task consists of the final design and drafting
of sanitary sewer plan and profile sheets. Consultant shall provide twenty(30) sets of
reduced(one-half size) and fifteen(16) sets of full size final construction plans for use
by the City. Five (6)of all the full sized sets shall be distributed to the utility
companies by the Consultant.
Task 22. Final Construction Details. This task consists of the final design and
drafting of miscellaneous details not included in the other tasks.
Task 23. Final Utility Adjustments. This task consists of the final design and
drafting for adjustments of sanitary sewer utilities as well as any other utility
adjustments which can be determined from utility records at the time of design.
Task 24. Specifications. This task consists of providing the construction
specifications and special provisions to the specifications which are required for the
project. Twenty (30) sets of final specifications shall be provided by the Consultant for
use by the City.
Task 25. Final Quantities and Cost Estimates. This task consists of determining
the final bid items to be included in the project as well as a final quantity takeoff for
each bid item and cost estimate.
Task 26. Bid Opening and Review. This task consists of attending the bid opening
and assisting the City in the review of the bids.
Task 27. Construction Review. This task consists of the general engineering
review of the project construction to assure that the construction generally conforms to
the plans and specifications. (This task does not include detailed testing and inspection
of the construction.)
4
Task 28. Record Drawings. Consultant shall provide the City with two (2) complete
sets of record drawings upon completion of the construction.
DNR Storm Water Management
Task 29. Final DNR Storm Water Management Design. This task consists of the
final design of details for meeting DNR Storm Water Management requirements
including preparation of plans and permit application forms. Permit fees are not
included in this item and are the responsibility of the City.
Construction Phase Services
Task 30. Interpret Plans and Specifications. Interpret the intent of the Plans and
Specifications to protect the City against defects and deficiencies in construction on the
part of the contractors. The Consultant will not, however, guarantee the performance by
any contractor.
Task 31. Construction Staking. Provide horizontal and vertical control for all
work items where needed. This work shall be executed in a timely manner upon request
of the City. Restaking shall be considered as an "Additional Services"and paid
accordingly.
Task 32. Progress and Quality of Construction. Maintain direct contact with the
City Engineer or his authorized representative to the extent necessary to fully inform the
City Engineer of the progress and quality of construction work performed.
Task 33. Construction Observation Staff Provide the necessary qualified staff at the
job site to act under the authority of the Consultant's Engineer and observe and review
the work in progress and determine whether the work is in general conformity with the
Contract Plans and Specifications. It is understood that responsibility for the
correctness of every detail of construction is beyond the scope of this agreement. The
Consultant shall not assume management or direction of the Contractor's operations, or
any utility company's operations.
Nothing in this proposal shall be construed as giving the Engineer the responsibility or
authority to direct or supervise construction methods, means, techniques,procedures or
safety methods used by the contractors, subcontractors or utility companies performing
the actual construction work. Neither observations by the Engineer nor inspections,
tests or approvals shall relieve the contractor from his obligation to perform the work in
accordance with the requirements of the Contract Documents.
The contractor has ultimate responsibility to monitor all his work to ensure proper
quality, safety and completion within the contract time, as do the utility companies
involved in this project.
5
Task 34. On-Site Construction Testing. Consultant shall provide these services
through the use of a subcontractor. The subcontractor shall be paid as an"Outside
Services" as defined in the Fees and Payment section of the agreement. Payment for
this task is not included in Basic Services. This task will provide the necessary on-site
tests in accordance with the Iowa DOT Instructional Memorandum 204 and
Supplements for project quality control for the following areas:
a. On Grade Inspection and Testing for Sanitary Sewer:
1. Soil Report Review and Laboratory Compaction Testing:
a) Review and interpretation of the final project soils report.
b) Laboratory compaction testing (AASHTO-T89-Standard
Proctor) for Calibration of the project.
2. Sanitary Sewer Trenches:
a) Geotechnical quality control recommendations
concerning use of soils in trench backfilling operations.
b) Moisture and density compaction control testing for
trench backfill compaction control.
Task 35. Final Construction Review. Conduct the final construction review with
representatives of City at completion of the project. The Consultant shall state his
opinion as to whether the project was completed in substantial conformance with the
Plans and Specifications and recommend acceptance thereof
Task 36. Claims. Review and prepare recommendations concerning all properly
filed claims of the contractor for extra time and/or compensation, if any.
Final Platting
Task 37. Final Plat Either upon acceptance of the improvements, or at the direction
of City Planning staff, whichever is sooner, prepare final plat and documents for
submission to Planning and Zoning. Final plat may or may not include all of the area
included in preliminary plat. If not all of the area of the preliminary plat is included in
the final plat, the remainder will be final platted under a separate agreement.
6
Task 38. Property Pins This task consists of placing monuments at all property corners
shown on Final Plat.
IV. TIME OF BEGINNING AND COMPLETION
Work under this Contact shall begin at the request of the City with 48 hours notice.
Tasks 1 through 30 shall be completed according to the following time schedule:
Major Milestone Date
Notice to Proceed February, 2009
Preliminary Platting March, 2009
(Tasks 1 through 4)
Construction Plans April. 2009
(Tasks 5 through 30)
Construction Phase Services May 30, 2009
Tasks 31 through 37 will be completed during term of construction.
Tasks 38 and 39 will be completed following construction, unless City desires final plat
approval prior to completion and acceptance of improvements.
The above schedule may be adjusted to meet specific needs of the City.
V. FEES AND PAYMENTS
A. Basic Services
1. Compensation - The Consultant shall be reimbursed the following lump
sum fees:
a. Preliminary and Final Plats, Construction Plans $21,500.00
b. Construction Phase Services $9,500.00
7
The Maximum Amount Payable under the Section A Basic Services is $31,000.00. If
the Consultant establishes and if the City agrees that the original estimate of cost and/or
scope of work changes, the Maximum Amount Payable may be increased by a
Supplemental Agreement or this Contract will be terminated and the Consultant paid for
all work completed to the termination date based on cost records supplied to the City by
the Consultant.
B. Additional Services
1. The Consultant shall be compensated for Additional Services authorized
by the City at the following charges:
Civil Engineer $115.00/hour
Land Surveyor $105.00/hour
Survey Crew(2 person/robotic) $115.00/hour
Survey Crew!3 person) 'i AA nn it._p ) ni'-tu.vviuvu
Senior Engineering Tech $82.00/hour
Engineering Tech $70.00/hour
CAD Draftsperson $75.00/hour
Construction Observer $72.00/hour
Clerical $45.00/hour
Implementation of a revised rate schedule is subject to prior approval by the
City.
C. Outside Services
a. If the Consultant deems it necessary to hire outside Consultants or
subcontractors, in the performance of Additional Services, the
Consultant shall bill the City at one (1) times the Outside Service cost to
the Consultant.
b. Proposals will be obtained from local consultants for any outside
services. Prior to entering into a contact for any outside services,
approval must be obtained from the City.
D. All government permit fees and publication costs will be paid by the "City".
E. Payments
Progressive payments of costs incurred shall be made upon receipt of invoice
statements prepared by the Consultant. All work progress reports and invoices
shall be submitted by the Consultant to the City and after review by the City,
payments shall be made in amount of invoiced costs.
8
Upon completion, delivery and acceptance of all work contemplated under terms
of this Contract, the Consultant shall submit one final and complete invoice
statement of costs incurred and/or amounts earned.
The Consultant agrees to reimburse the City for any overpayments.
VI. MISCELLANEOUS PROVISIONS
A. Ownership of Engineering Documents
All survey notes, field books, and other data prepared under this Contract shall
become the property of the City and be delivered to the City upon completion of
the project or termination of the services of the Consultant. There shall be no
restriction or limitation on their further use by the City re.
B. Changes in Scope of Work
Where there is a substantial change in the scope, complexity or character of the
work performed, or if the City requests the Consultant to alter the completion
dates established,the specified fee as listed under Section V of this Contract as
Lump Sum, will be reappraised. If the Consultant believes that he has been
asked to perform work beyond the Scope of Services covered by this Contract or
a Supplemental Agreement hereto,he shall promptly notify the City, in writing,
of his intention to make claim for such extra compensation. The Consultant
shall not proceed with any such work until a Supplemental Agreement is fully
executed.
9
C. Suspension and Termination of Agreement
1. In the event of the death of any member or partner of the Consultant's
firm, the surviving members shall complete the work, unless otherwise
mutually agreed upon by the City and the survivors.
2. The right is reserved by the City to terminate this Contract at any time
upon not less than thirty (30) days written notice to the Consultant.
3. In the event the Contract is terminated by the City without fault on the
part of the Consultant, the Consultant shall be paid for work performed
and delivered up to the date established in the termination notice. The
City shall determine the amount of work performed and shall set the
amount of the Lump Sum to be paid accordingly. Hourly rate costs for
restaking shall be determined by audit to the date established by the City
in the term;nation notice.
4. In the event the Contract is terminated by the City for fault on the part of
the Consultant, the Consultant shall be paid only for work satisfactorily
performed up to the date established by the termination notice. After
audit of the Consultant's costs to the date established by the City in the
termination notice and after determination by the City of the amount of
work satisfactorily performed, the City shall determine the amount to be
paid the Consultant.
5. The right is reserved by the City to suspend this Contract at any time.
Such suspension may be effected by the City by giving the Consultant
written notice and will be effective as of the date established in the
suspension notice. Payment for the Consultant's services will be made
by the City to the date established in the suspension notice in accordance
with Paragraph 3 above.
6. Should the City wish to reinstate the work after notice of suspension,
such reinstatement may be accomplished by thirty (30) days written
notice within a period of one (1) year after such suspension, unless this
period be extended by written consent of the Consultant.
7. Unless this contract has been terminated prior to the completion of the
work as herein before provided, this Contract shall not be considered
terminated upon completion and acceptance of the work, or upon final
payment therefore, but shall be considered to be in full force and effect
for the purpose of requiring the Consultant to make such revisions or
corrections in the work as are necessary to correct errors made by the
Consultant in the work or for the purpose of having the Consultant make
revisions in the work at the request of the City.
10
8. This Contract will be considered terminated when the construction of the
project has progressed sufficiently to make it manifest that the
construction can be completed without further revisions in that work, or
if the Consultant is released prior to such time by written notice from the
City.
D. Arbitration
Any disputes between the City and the Consultant, not otherwise resolved by the
parties pursuant to the provisions of this Contract, including the documents
incorporated herein by reference, shall be settled by filing a proper action in the
proper District Court of the State of Iowa, and subsequent arbitration as
provided in Chapter 679A of the Code of Iowa, 1983. This section is the only
section of this Contract relating to "Arbitration".
E. Responsibility for Claims and Liability
The Consultant shall indemnify and save harmless the City from any and all
claims and liabilities due solely to any error, omission or negligent act of the
Consultant, its members, employees or agents.
F. General Compliance with Laws
The Consultant shall comply with all State and Local laws and ordinances
applicable to the work.
G. Forbidding Use of Outside Agents
The Consultant warrants that he has not employed or retained any company or
person, other than a bona fide employee working for the Consultant, to solicit or
secure this Contract and that he has not paid or agreed to pay any company or
person, other than a bona fide employee, any fee, commission,percentage,
brokerage fee, gift or any other consideration, contingent upon or resulting from
the award or making of this Contract. For breach or violation of this warranty,
the City shall have the right to annul this Contract without liability, or, in its
discretion to deduct from the Contract price or consideration, or otherwise
recover, the full amount of such fee, commission, percentage, brokerage fee, gift
or contingent fee.
H. Employment of City Personnel
The Consultant shall not engage the services of any person or persons then in the
employ of the City for work covered by this Contract, without the written
consent of the employer of such persons.
11
Compliance with Title 49, Code of Federal Regulations
During the performance of this Contract, the Consultant, for its assignees and
successors in interest(hereinafter referred to as the "Consultant"), agrees as
follows:
•
1. Nondiscrimination:
The Consultant, with regard to the work performed by it, will not
discriminate on the grounds of race, color, sex, age, national origin or
creed in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The Consultant will
not participate either directly or indirectly in the discrimination
prohibited by Section 21.5 of the Regulations, including employment
practices when the Contract covers a program set forth in Appendix "A",
"B" and "C" of the Regulations.
2. Solicitations for Subcontracts, Including Procurement of Materials and
Equipment:
In all solicitations, either by competitive bidding or negotiation made by
the Consultant for work to be performed under a subcontract, including
procurement of materials or equipment, each potential subcontractor or
supplier shall be notified by the Consultant of the Consultant's
obligations under this Contract and the regulations relative to
nondiscrimination on the grounds of race, age, color, sex, national origin
or creed.
3. Sanctions for Noncompliance:
In the event of the Consultant's noncompliance with the
nondiscrimination provisions of this Contract, the City shall impose such
contract sanctions as it may determine to be appropriate, including, but
not limited to:
a. Withholding of payments to the Consultant under the Contract
until the Consultant complies; and/or
b. Cancellation, termination or suspension of the Contract, in whole
or in part.
J. Anti-Kickback Rules
Salaries of architects, draftsmen, technical engineers, and technicians
performing work under this Contract shall be paid unconditionally and not less
often than once a month without deduction or rebate on any account except only
12
such payroll deductions as are mandatory by law or permitted by the applicable
regulations issued by the Secretary of Labor pursuant to the "Anti-Kickback
Act"of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; title 18 U.S.C.,
section 874; and title 40 U.S.C. section 276c). The Consultant shall comply
with all applicable "Anti-Kickback"regulations and shall insert appropriate
provisions in all subcontracts covering work under this Contract to insure
compliance by subcontractors with such regulations, and shall be responsible for
the submission of affidavits required of subcontractor thereunder except as the
Secretary of Labor may specifically provide for variations of or exemptions
from the requirements thereof.
K. Equal Employment Opportunity
During the performance of this Contract, the Consultant agrees as follows:
a. The Consultant will not discriminate against any employee or applicant
for employment because of race, color, religion, sex or national origin.
The Consultant will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without
regard to their race, color, religion, sex, or national origin. Such action
shall include, but not be limited to the following: employment,
upgrading, demotion, or transfer, recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and
selection of training including apprenticeship. The Consultant agrees to
post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the City of Waterloo setting forth
the provisions of the nondiscrimination clause.
b. The Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of the Consultant, state that all qualified
applicants will receive consideration for employment without regard to
race, color, religion, sex or national origin.
c. The Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Contract so that such
provisions will be binding upon each subcontractor, provided that the
foregoing provisions shall not apply to contracts or subcontracts for
standard commercial supplies or raw materials.
L. Discrimination Because of Certain Labor Matters
No person employed on the work covered by this Contract shall be discharged
or in any way discriminated against because he has filed any complaint or
instituted or caused to be instituted any proceeding or has testified or is about to
testify in any proceeding under or relating to the labor standards applicable
hereunder to his employer.
13
M. Interest of Certain Federal Officials
No member of or delegate to the Congress of the United States, and no Resident
Commissioner, shall be admitted to any share or part of this Contract or to any
benefit to arise herefrom.
N. Savings or Severability Clause
If any section,provision or part of this Contract shall be adjudged invalid or
unconstitutional, such adjudication shall not affect the validity of the Contract as
a whole or any section,provision or part thereof not adjudged invalid or
unconstitutional.
This Contract and referenced Attachments express the entire Contract between
the parties and no representations,promises or warranties have been made by
either of the parties that are not fully expressed herein.
The Consultant certifies that he is fully acquainted with the concept of the project as
presently developed by the City, and that it is the intention of this Contract with the Consultant
to do work necessary to bring the project to completion.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed
by their proper officials thereunto duly authorized as of the dates indicted on the next page.
14
CITY OF WATERLOO, IOWA CONSULTANT
VJ ENGINEERING
BY: 7BY:
Tim Hurley Wendell J. pkes
eAlL—
Mayor Partner
DATE: c)- ' 3 9 DATE: -1—41 07
ATTEST:
BY:
Nancy Ecke
City Clerk
15
0
t