Loading...
HomeMy WebLinkAboutSnyder & Associates, Inc.-Professional Services Agreement-07.27.2009 ; 7- t)7 "°1 PROFESSIONAL SERVICES AGREEMENT NAME OF PARTIES OF THE AGREEMENT This Agreement, made and entered into this 27th day of July, 2009 by and between the City of Waterloo, a city municipality, hereinafter called "OWNER" and Snyder & Associates, Inc., 2727 SW Snyder Blvd., Ankeny, Iowa 50023, a corporation, hereinafter called "ENGINEER" as follows: II. NAME OF PROFESSIONAL SERVICE The OWNER shall retain the ENGINEER to complete Professional Services for the preparation and digitization of an impervious area geographic information systems (GIS) database, storm water utility rate calculation, public education program meetings, billing system and utility rate implementation review meeting(s), storm water management utility ordinance meeting, for the Waterloo Storm Water Utility Development Project hereinafter call the "PROJECT". III. SCOPE OF WORK A. GENERAL The ENGINEER shall provide Professional Services as required to complete the preparation and assembly of the PROJECT as named in Article II and as described hereinafter as follows: 1. The PROJECT is contained within the boundaries further described as: The current corporate limits of the City of Waterloo, Iowa. B. BASIC SERVICES The ENGINEER will provide the Services as follows. Payment shall be made as specified in Article VI of this Agreement. 1. PROJECT ADMINISTRATION The ENGINEER shall perform the following administrative services during the design of the PROJECT: a. Project and coordination with the OWNER and Black Hawk County IT Department personnel to include the following: - Two [2] Meetings to discuss technical approach to utilizing the billing system information, County GIS data, and required data format/standards. P:\Proposal\2009\Waterloo\Storm -1- Sewer Utility\Prof Svcs Agrmt - SWPPP(2-17-05)1.doc 2-17-05 b. Project coordination for Engineering digitizing task(s) which include the following: - Compilation of digitized impervious data from multiple technicians. - Review of compile digitization data to ensure consistency and accuracy. c. Progress reports as requested to the OWNER. d. Monthly billing reports. 2. IMPERVIOUS AREA GIS DATABASE a. The ENGINEER shall acquire current GIS information from the OWNER and/or Black Hawk County to include geo-referenced aerial imagery and cadastral (parcel) ownership data. The following basic services are base upon completing an Impervious Area GIS Database for approximately 27,000 parcels. The ENGINEER shall notify the OWNER if the number of parcels exceeds 27,000. b. The ENGINEER shall then develop an impervious area GIS database, using ESRI ArcGIS 9.3.1 software, which will include the following feature datasets: Structure_building_area Sidewalk_area Patio_slab_area Miscellaneous_concrete_area Driveway_area Paved_parking_area Unpaved_Gravel_area Miscellaneous_unimpervious_area c. The ENGINEER shall digitize 10% of parcels with a designation of "residential" using a random sample method. The digitization process will include those feature datasets listed in the previous section. The ENGINEER shall also digitize all evident features, as previously listed, for all parcels with a designation of "commercial". Parcels with a designation of "Exempt" or "Agricultural" will not be digitized. The GIS database will create an automated area calculation per individual feature, which will be used to calculate and compare the parcel size to the digitized impervious area. P:\Proposal\2009\waterloo\Storm _ Sewer Utility\Prof Svcs Agrmt - -2 SWPPP(2-17-05)1.doc 2-17-05 d. The ENGINEER will provide the Impervious Area GIS database to the OWNER in an ArcGIS 9.3.1 and Microsoft Access 2003 compatible format. e. The ENGINEER shall provide a verification of impervious areas for non-residential parcels in addition to the development status of undeveloped and vacant parcels. 3. STORM WATER UTILITY RATE CALCULATION a. The ENGINEER shall determine potential revenue generation by using a specific rate ($/ERU/month) and square footage of the base unit (ERU). A spreadsheet will be developed outlying revenue generation values for a range of monthly rates to be determined by OWNER. C. ADDITIONAL SERVICES 1. PUBLIC EDUCATION PROGRAM MEETINGS a. The ENGINEER shall attend two [2] meetings with the OWNER to discuss potential education materials that would educate the public in regards to a storm sewer utility. The ENGINEER shall attend two [2] public meetings in cooperation with the OWNER to provide knowledge and expertise in regards to the process involved in the development and implementation of a storm sewer utility. b. The ENGINEER will develop educational materials based upon discussion with the OWNER for the two public meetings. The ENGINEER will develop two [2] individual educational materials which may include, but not limited to the following: Power point presentation; Illustration board; GIS Map; Figure; etc. 2. STORM WATER MANAGEMENT UTILITY ORDINANCE MEETINGS a. The ENGINEER shall attend two (2) meetings with the OWNER to discuss and/or revise the storm water management utility ordinance adopted in August of 2005. P:\Proposal\2009\Waterloo\Storm -3- Sewer Utility\Prof Svcs Agrmt - SWPPP(2-17-05)1.doc 2-17-05 3. BILLING SYSTEM AND UTILITY RATE IMPLEMENTATION REVIEW MEETINGS a. The ENGINEER shall attend (2) meetings with the OWNER to discuss and/or revise the utility rate implementation plan proposed by the City of Waterloo. 4. GIS DATABASE AND BILLING SYSTEM CROSS-REFERENCING a. Black Hawk County has created and maintains a process which enables them to match a majority of the water billing records, within the water billing AS-400 database, to the GIS parcel addresses. The number of records expected to match between the AS-400 database and the GIS parcel database is assumed to be approximately 90%, which is approximately 27,000 parcels. The ENGINEER shall provide GIS mapping information to illustrate which physical parcels do not match a water billing record. These maps will aid the OWNER in their review of any billing records that do not correspond to a specific GIS parcel. 5. REVIEW OF UN-MATCHED PARCELS a. The ENGINEER shall assist the OWNER in reviewing all un- matched records in their effort to correctly correlate all water billing records with Black Hawk County GIS parcel information. The number of un-matched records is expected to include approximately 2,700 parcels b. The ENGINEER shall update the Impervious Area GIS Database following the review of all un-matched records. The updated GIS Database will include the water billing ID, impervious square footage, non-impervious square footage, ERU designation, and associated parcel information. 6. Changes in Scope of Services The OWNER may expand the number of Additional Services from the ENGINEER not included in the Basic Services or Additional Services as outlined. Additional Services may include, but not be limited to, expanding the scope of the PROJECT and work to be completed; requesting the development of various documents; or requesting additional work items that increases the Professional Services and corresponding costs. Additional Services shall be performed as requested in writing by the OWNER on an hourly basis in accordance with the current fiscal year Snyder & Associates, Inc. Standard Fee Schedule in affect at the time of actual performance. P:\Proposal\2009\Waterloo\Storm _ Sewer Utility\Prof Svcs Agrmt - -4 SWPPP(2-17-05)1.doc 2-17-05 IV. RESPONSIBILITY OF THE OWNER At its own expense, the OWNER shall have the following responsibilities regarding the execution of the Contract by the ENGINEER. A. PROJECT OFFICER The OWNER shall name a Project Officer to act as the OWNER's representative with respect to the work performed under this Agreement. All correspondence with the OWNER relating to PROJECT shall be directed to the Project Officer and the Project Officer shall be invited to all progress meetings and other meetings called during the PROJECT. B. PROMPT RESPONSE To prevent an unreasonable delay in the ENGINEER's work, the OWNER will examine all reports, drawings, and other documents and will provide authorizations in writing to the ENGINEER to proceed with work within a reasonable time period. C. PROJECT REQUIREMENTS The OWNER shall furnish the following information for the PROJECT: Storm Water Management Program Ordinance, current aerial imagery to include all of the current Waterloo corporate limits, current cadastral (parcel) information from Black Hawk County to include all of the current Waterloo corporate limits, billing system software information to include necessary documentation and/or specifications. The ENGINEER may request additional information as required to complete the scope of services included in the following work schedule. V. WORK SCHEDULE The PROJECT, from start to completion, shall be performed by the ENGINEER in accordance with a schedule mutually developed by the OWNER and ENGINEER. Generally, the schedule for the PROJECT is described as follows: A. The ENGINEER will complete the preparation and digitization of an impervious area geographic information systems (GIS) database and storm water utility rate calculation by the l 5`h of October, 2009. B. The OWNER desires commencement of storm water utility fee collections by January 2010. P:\Proposal\2009\Waterloo\Storm _ Sewer Utility\Prof Svcs Agrmt - -5 SWPPP(2-17-05)1.doc 2-17-05 VI. COMPENSATION AND TERMS OF PAYMENT The OWNER shall pay the ENGINEER in accordance with the terms and conditions of this Agreement. A. BASIC SERVICES As set forth in Article III (B) shall be on the basis of a maximum fixed fee on hourly rates and fixed expenses as outlined in the Engineer's Standard Fee Schedule. The current fee schedule is shown in Attachment A. The charges from the Fee Schedule will be based on the fiscal year the charges occur. Total fees of services shall not exceed the following amounts without approval of the OWNER. Item Estimated Amount 1. Project Administration $ 6,500 2. Impervious Area GIS Database $37,840 3. Storm Water Utility Rate Calculation $ 5,660 TOTAL BASIC SERVICES $50,000 B. ADDITIONAL SERVICES As set forth in Article III (C) shall be on the basis of a maximum fixed fee on hourly rates and fixed expenses as outlined in the Engineer's Standard Fee Schedule. The current fee schedule is shown in Attachment A. The charges from the Fee Schedule will be based on the fiscal year the charges occur. Total fees of services shall not exceed the following amounts without approval of the OWNER. Item Estimated Amount 1. Public Education Program Meetings $10,850 2. Storm Water Management Utility Ordinance Meetings $ 4,340 3. Billing System and Utility Rate Implementation $ 4,800 Review Meetings 4. GIS Database and Billing System Cross-Referencing $ 2,680 5. Review of Un-matched Parcels $ 6,720 (Assuming 90% Match) TOTAL ADDITIONAL SERVICES $29,390 TOTAL BASIC SERVICES $50,000 TOTAL SERVICES $79,390 Anytime the ENGINEER anticipates that actual costs will exceed estimated costs, he shall immediately notify the OWNER, in writing, of such proposed increase and the reasons therefor. The OWNER shall thereupon review such proposed increase and either accept or reject same. P:\Proposal\2009\Waterloo\Storm _ Sewer Utility\Prof Svcs Agrmt - -6 SWPPP(2-17-05)l.doc 2-17-05 VII. METHOD OF PAYMENT A. The ENGINEER shall submit billings for Basic and Additional Services to the OWNER on a thirty (30) day basis under separate cover and shall be paid by the OWNER within fourteen (14) days after approval by the City Council. The OWNER shall pay the ENGINEER a portion of the total fee for each phase or a cost not to exceed the amount shown in accordance with the schedule shown below. B. Billings shall include sufficient documentation to explain the charges. All billings shall be accompanied by a Progress Report in a letter format. VIII. TERMINATION OF AGREEMENT The ENGINEER or OWNER may, after giving seven (7) days written notice to the other party, terminate this agreement and the ENGINEER shall be paid for services provided to the termination notice date, including reimbursable expenses due, plus termination expenses. Termination expenses are defined as reimbursable expenses directly attributed to the termination. IX. CONFLICT OF INTEREST No elected official or employee of the OWNER who exercises any responsibilities in review, approval, or carrying out of this Agreement shall participate in any decision relating to this Agreement which affects his or her direct or indirect personal or financial interest. X. ASSIGNABILITY The ENGINEER shall not assign any interest in this Agreement and shall not transfer any interest in the same without the prior written consent of the OWNER. XI. TITLE TRANSFER All drawings, specifications and other work products of the PROJECT are instruments of services for this PROJECT only and shall remain the property of the ENGINEER. The ENGINEER may deliver to the OWNER, at the OWNER's request, paper or electronic media copies of documents prepared in accordance with this Agreement. The OWNER may make hard copies or electronic copies of these documents for purposes supporting the intended use of the PROJECT. Any reuse or modification of the documents supplied by ENGINEER for purposes of the PROJECT, including electronic media will be at the recipient's risk and responsibility. Electronic media will be provided as is without warranty, and it shall be the OWNER'S responsibility to reconcile this electronic data with the paper plans, and that the paper plans shall be regarded as legal documents for this PROJECT. P:\Proposal\2009\Waterloo\Storm _7_ Sewer Utility\Prof Svcs Agrmt - SWPPP(2-17-05)1.doc 2-17-05 XIII. INSURANCE The ENGINEER shall maintain insurance to protect the ENGINEER from claims under Workmen's Compensation Acts; claims due to personal injury or death of any employee or any other person; claims due to injury or destruction of property; and claims arising out of errors, omissions, or negligent acts for which the ENGINEER is legally liable. The amounts and extent of such insurance is as follows: 1. Professional Liability- $ 2,000,000 each claim; 2,000,000 aggregate 2. Vehicle Coverage - Bodily Injury $ 1,000,000 combined single limit(each accident) 3. Workmen's Compensation - $ 100,000 each accident 4. General Liability- $ 1,000,000 each occurrence and 2,000,000 aggregate XIV. ARBITRATION Any controversy or claim arising out of this Agreement may, if both parties agree, be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. The cost of the arbitration, if any, will be divided equally between the OWNER and the ENGINEER. XV. ENGINEER'S RESPONSIBILITY The ENGINEER shall be responsible for the professional quality and technical accuracy of all services furnished by the ENGINEER under this Agreement, except for that work provided by OWNER. The ENGINEER shall, without additional compensation, correct or revise any error or deficiencies in his work. Approval of the OWNER of any such work shall not in any way relieve the ENGINEER of responsibility for the technical accuracy and adequacy of said services. The OWNER's review, approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. XVI. COMPLETENESS OF THE AGREEMENT This document contains all terms and conditions of this Agreement and any alteration shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. There are no understandings, representations, or agreements, written or oral, other than those incorporated herein. P:\Proposal\2009\Waterloo\Storm _ Sewer Utility\Prof Svcs Agrmt - -g SWPPP(2-17-05)1.doc 2-17-05 XVII. ENGINEER'S CERTIFICATION OF REPORT The ENGINEER shall place his certification on the Contract Documents, all in conformity with Chapter 114, Code of Iowa. IN WITNESS WHEREOF, the parties have signed this Agreement as of the day and the year first above written. ATTEST: OWNER BY Ar'- t ATTEST: ENGINEER SNYDER&ASSOCIATES, INC. &GLa By aege.4. P:\Proposal\2009\Waterloo\Storm _ Sewer Utility\Prof Svcs Agrmt - _9 SWPPP(2-17-05)1.doc 2-17-05 ATTACHMENT A SNYDER &ASSOCIATES 2009-10 STANDARD FEE SCHEDULE Billing Classification/Level Billing Rate Professional Engineer,Landscape Architect,Land Surveyor,Legal,GIS,Environmental Scientist Project Manager,Planner,Right-of-Way Agent, Graphic Designer Principal $150.00-160.00 /hour Lead $140.00 /hour Senior $130.00 /hour VIII $125.00 /hour VII $120.00 /hour VI $115.00 !hour ✓ $108.00 /hour IV $96.00 /hour III $88.00 /hour II $80.00 /hour I $68.00 /hour Technical Technicians--CADD,Survey, Construction Observation Principal $100.00 /hour Lead $95.00 /hour Senior $90.00 /hour VIII $84.00 /hour VII $77.00 /hour VI $70.00 /hour ✓ $64.00 /hour IV $57.00 /hour III $49.00 /hour II $42.00 /hour I $36.00 /hour Administrative Clerical, Computer Programming, Financial Principal $90.00 /hour Lead $85.00 /hour Senior $80.00 /hour VIII $72.00 /hour VII $68.00 /hour VI _ $62.00 /hour ✓ $53.00 /hour IV $45.00 /hour III $40.00 /hour II $37.00 /hour I $35.00 /hour Reimbursables Mileage current IRS standard rate 1-person robotic equipment(in addition to technical rate) $25.00 /hour Plotter Prints,Blueprints $0.20 /s.f. Mylar Prints $2.00 /s.f. Color Plots $2.00 /s.f. Color Plots-Photo $5.00 /s.f. Color Copies $0.50 /ea. Outside Services As Invoiced P:\Proposal\2009\Waterloo\Storm -10- Sewer Utility\Prof Svcs Agrmt - SWPPP(2-17-05)1.doc 2-17-05 DO �Q i I i �_