HomeMy WebLinkAboutAnderson-Bogert - PSA - 2.3.2025ANUI±RSON
BOGERT
Committed to providing professional and relationship -based engineering services.
4050 River Center Court NE
Cedar Rapids, IA 52402
Office: (319) 377-4629
Fax: (319) 377-8498
City of Waterloo, Iowa
Waterloo Traffic Signal Pole Standardization
Anderson Bogert Project No. 224089
TERMS AND CONDITIONS OF SERVICE
1. Agreement.
The agreement and/or proposal, exhibits and schedules (the
"Agreement/Proposal') attached hereto and these General Terms and
Conditions collectively shall constitute the AGREEMENT between the
CLIENT identified in the Agreement/Proposal and Anderson -Bogert
Engineers & Surveyors, Inc. ("CONSULTANT") in respect to the
services to be performed by CONSULTANT (the "Services"). Except
as expressly set forth below, these General Terms and Conditions
supersede any inconsistent or contradictory provisions contained in
the Agreement/Proposal or any offer, contract, purchase order,
requisition, notice -to -proceed, or like document regarding
CONSULTANT's Services.
2. Standard of Care; Disclaimer of Warranties; Limitation of
Services.
a. The CONSULTANT agrees to perform the Services in
accordance with the standard of care used by persons of
CONSULTANT's profession practicing under similar circumstances at
the same time and in the same locality. All estimates,
recommendations, opinions, and decisions of CONSULTANT will be
made upon the basis of the information available to CONSULTANT
and CONSULTANT's experience, technical qualifications, and
professional judgment.
b. CLIENT acknowledges and agrees that (i) subterranean
conditions may vary at locations other than at a particular location
where borings, explorations, surveys and samplings are made, and
that CONSULTANT'S data interpretations and recommendations are
based solely upon information available to CONSULTANT at the time
of assessment; (ii) investigations may disclose the presence of
existing geological conditions or other substances, the presence of
which may require disclosure to appropriate governmental authorities
by CLIENT; (iii) although necessary to perform the Services,
investigation methods involve an Inherent risk of contamination of
previously uncontaminated air, soil and water; (iv) CONSULTANT is
not responsible for data, interpretation and/or recommendations by
others; (v) all data obtained during investigative phases are subject to
confirmation of conditions encountered during subsequent phases of
the project, and (vi) the extent and scope of Services under this
AGREEMENT may be limited by CLIENT's schedule and financial
considerations and that additional services may provide more
accurate information in respect to conditions at or near the site.
c. CLIENT acknowledges and agrees that CONSULTANT is not
a generator, storer, transporter, arranger for transport or disposer of
hazardous or toxic substances, pollutants or contaminants found or
identified at the project site. CONSULTANT's Services do not include
any services regarding the presence or discovery at the site of
asbestos, PCBs, petroleum, hazardous waste, radioactive materials
or any other hazardous material or toxic substance. CLIENT shall
undertake or arrange for the handling, removal, treatment, storage,
transportation, and disposal of hazardous substances or constituents
found or identified at the site CONSULTANT is only responsible for
providing the Services described in the Agreement/Proposal.
3. Information; Third parties; Access to Site.
a. CLIENT represents and warrants that it has or will timely (i)
furnish or cause to be furnished to CONSULTANT all documents and
information known to CLIENT that relates to the identity, location,
quantity, nature or characteristics of any hazardous waste at, on, or
under the site; and (ii) furnish and pay for such other reports, aerial
photographs, data, studies, drawings, specifications, documents, and
other information regarding surface and subsurface site conditions
which will be required by CONSULTANT for performance of its
services. CONSULTANT shall be entitled to rely upon documents and
information provided by CLIENT in performing the Services.
CONSULTANT assumes no responsibility or liability for the accuracy
or completeness of said documents and information. CLIENT
provided documents will remain the property of CLIENT.
b. CLIENT acknowledges and agrees that CONSULTANT may
engage the services of independent contractors to perform the work
necessary to complete the services. CLIENT agrees that such
independent contractors are not agents or employees of
CONSULTANT. CONSULTANT will not direct, supervise or control
the work of contractors or their subcontractors. CONSULTANT shall
be responsible only for its employees on any site. CONSULTANT
shall not be responsible for the operations of others or safety at the
site.
c. CLIENT shall provide right of entry for CONSULTANT
personnel, CONSULTANT subconsultants and all equipment and
vehicles necessary to perform services. CONSULTANT will take
reasonable measures to minimize damage to property; however,
CLIENT understands that some damage may occur, and the cost of
repair of such damage shall solely be the responsibility and obligation
of CLIENT. CLIENT is responsible for designating the location of
below grade structures, foundations, utilities and other subterranean
obstacles. CONSULTANT will take reasonable effort to avoid
damage to these items. If these items cannot be located,
CONSULTANT, upon CLIENT's written authorization, and at
CLIENT's cost, will engage feasible locating methods and employ
persons to confirm locations. CLIENT agrees to hold CONSULTANT
harmless for damages to or damages caused by any subsurface or
subterranean utilities or structures which are not correctly located by
CLIENT or which CONSULTANT could not locate using a reasonable
standard of care.
4. Fees and Expenses; Payment for Services.
a. In consideration of CONSULTANT'S agreement to provide
the Services, CLIENT shall pay to CONSULTANT the fees specified
in the Agreement/Proposal and reimburse CONSULTANT for its costs
and expenses incurred in connection with the Services.
b. CONSULTANT will submit invoices to CLIENT no Tess than
on a monthly basis and such invoices are due and payable upon
receipt. Any balances that remain unpaid for more than thirty (30) days
from the date of invoice shall be subject to an additional charge at the
rate of one and one-fourth percent (1 %%) per month from the date of
the invoice. Payment of invoices is not subject to discounting by
CLIENT. Time is of the essence in payment of invoices, and timely
payment is a material part of the consideration of the AGREEMENT
between CONSULTANT and CLIENT.
c. In addition to the termination provisions in Section 7 below, if
CLIENT fails to pay CONSULTANT within ninety (90) days of an
invoice, CONSULTANT, without liability to CLIENT, may terminate
this AGREEMENT and/or suspend Services until payment of all past
due amounts has been received by CONSULTANT.
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Committed to providing professional and relationship -based engineering services.
4050 River Center Court NE
Cedar Rapids, IA 52402
Office: (319) 377-4629
Fax: (319) 377-8498
City of Waterloo, Iowa
Waterloo Traffic Signal Pole Standardization
Anderson -Bogert Project No. 224089
AGREEMENT FOR
ENGINEERING AND/OR LAND SURVEYING SERVICES
This AGREEMENT, made and entered into as of this day of February 2025, by and between
The City of Waterloo, the CLIENT, mailing address of 715 Mulberry St, Waterloo, IA 50703 and Anderson -Bogert
Engineers & Surveyors, Inc., the CONSULTANT, for professional services concerning the following PROJECT:
Waterloo Traffic Signal Standards.
The CLIENT agrees to employ the CONSULTANT to perform services hereinafter enumerated and the
CONSULTANT hereby accepts such employment and agrees to perform said scope of services in connection with:
Waterloo Traffic Signal Standards (hereinafter called the PROJECT).
The CLIENT agrees to furnish to the CONSULTANT full information as to the CLIENT'S requirements
including any special or extraordinary considerations for the PROJECT or special services needed, and also to
make available pertinent existing data. Any extra services authorized by the client will be charged as extra work.
This extra work will be based on our standard hourly rates.
The Clients representative, for this project is Mohammad Elahi.
The Consultant's representative for this project is Jacob Sprengeler.
The General Terms and Conditions set forth and attached hereto are herein incorporated into and made a
part of this AGREEMENT.
Other terms and conditions of this AGREEMENT are as follows: See Attached Scope and Schedule & Fee.
No work shall commence until we receive written Notice to Proceed.
In consideration for services performed by the CONSULTANT covering the work described above, the
CLIENT agrees to pay the CONSULTANT on the following basis: (AS CHECKED)
❑ Lump sum in the amount of $
❑ Per the attached fee schedule
® Others as stated here on Attached Exhibit B
Payment shall be made as per the General Terms and Conditions on a monthly basis unless otherwise
indicated in this AGREEMENT.
THIS AGREEMENT represents the entire and integrated AGREEMENT between the CLIENT and the
CONSULTANT for the PROJECT described and supersedes all prior negotiations, representations or agreements,
either written or oral. THIS AGREEMENT may be amended only by written instrument signed by both the CLIENT
and the CONSULTANT.
THIS AGREEMENT executed the day and year written above.
City of Waterloo, Iowa FOR ANDERSON-BOGERT
ENGINEERS & SURVEYORS, INC.
/� .n / , yn /,� ,�, / DIGITALLY
hvG/ �/LTIiUc ll./w/./TIC SIGNED
—Quentin Hart
Mayor
Jeffrey C Morrow, PE, President
5. Changes or Delays.
U nless the accompanying Agreement/Proposal provides otherwise,
the proposed fees constitute CONSULTANT's estimate to perform the
S ervices required under the Agreement/Proposal. Facts may develop
that may require a change in the Services to be performed
CONSULTANT will inform CLIENT of such situations so that
n egotiation and compensation can be accomplished as required. If
such change, additional services, or suspension of services results in
an increase or decrease in the cost of or time required for performance
of the Services, whether or not changed by any order, an equitable
adjustment shall be made, and the AGREEMENT modified
accordingly.
6. Termination.
The term of this AGREEMENT shall commence on the date set forth
in the Agreement/Proposal and will continue until the parties'
obligations have been fully performed or the AGREEMENT is sooner
terminated Either party may terminate the AGREEMENT in the event
of a material breach that is not cured within thirty (30) days after
written notice of such breach. In addition, the parties may mutually
agree in writing to terminate the AGREEMENT.
7. Insurance.
CONSULTANT agrees to purchase workers' compensation insurance
and comprehensive general liability insurance. CONSULTANT
agrees to purchase additional insurance if requested by CLIENT
(presuming such insurance is reasonably available from carriers
acceptable to CONSULTANT), provided the costs for additional
insurance are reimbursed by CLIENT.
8. Indemnification.
a. CLIENT hereby agrees to indemnify and hold harmless,
CONSULTANT and its officers, employees, agents and
representatives, from and against liability for all claims, losses,
damages and expenses, including reasonable attorneys' fees,
brought by any third party against CONSULTANT which arise directly
o r indirectly out of this AGREEMENT or the performance of
CONSULTANT'S Services hereunder, except arising solely from the
gross negligence or willful misconduct of CONSULTANT.
b. CONSULTANT and CLIENT each agree to indemnify and
hold the other harmless from and against liability for all claims, losses,
damages and expenses, including reasonable attorney's fees to the
extent such claims, losses damages, or expenses are caused by the
indemnifying party's negligent or wrongful acts, or omissions to act.
9. Confidentiality.
CONSULTANT agrees to maintain as confidential and not disclose to
others without CLIENT's prior consent all information obtained from
CLIENT that was not otherwise previously known to CONSULTANT
o r in the public domain and is expressly designated by CLIENT in
writing to be "CONFIDENTIAL." Notwithstanding the foregoing, this
paragraph shall not apply to information that (1) is published or comes
into the public domain through no fault of CONSULTANT, (2) is
furnished by or obtained from a third party who is under no obligation
to keep the information confidential, or (3) is required to be disclosed
by law or order of a court, administrative agency, or other authority
with proper jurisdiction.
10. Re -use of Documents and Use of Electronic Media.
All documents shall remain the property of the CLIENT during the term
of the Agreement and upon completion or termination of the services
of the CONSULTANT. Upon completion or termination of the
Agreement, the CONSULTANT, if requested by the CLIENT, shall
promptly deliver all documents to the CLIENT. The CONSULTANT
shall have the right to make and retain copies of the documents for
their records. The CLIENT may reuse the documents for other
projects at their own risk.
11. Governing Law.
This AGREEMENT is to be governed by and construed in accordance
with the laws of the State of Iowa.
12. Severability.
If any provision of this AGREEMENT is determined to be invalid, the
offending provision shall be deemed severed from this AGREEMENT
and the determination shall not affect the validity of any other clause
o r provision of this AGREEMENT.
13. Independent Contractor. CONSULTANT at all times during the
term of this AGREEMENT an independent contractor.
CONSULTANT shall not, for any purpose, be deemed an agent,
e mployee, partner or legal representative of CLIENT.
14. Binding Effect.
This AGREEMENT shall be binding upon and shall inure to the benefit
of the parties hereto and their respective successors, representatives,
agents and permanent assigns.
15. Force Majeure.
CONSULTANT will not be liable to CLIENT for CONSULTANT'S
failure to fulfill its obligations under this AGREEMENT due to causes
beyond CONSULTANTS reasonable control and without its fault or
n egligence including, but not limited to, governmental laws and
regulations, acts of God or the public, war or other violence, civil
commotion, blockades, embargoes, calamities, floods, fires,
earthquakes, explosions, accidents, storms, strikes, lockouts, work
stoppages, labor disputes, or unavailability of labor, raw materials,
power or supplies. CLIENT shall pay any additional costs incurred by
CONSULTANT in connection with the performance of services under
this AGREEMENT that are related to any labor disputes between the
CLIENT and any unions representing the employees of the CLIENT.
16. Execution.
If CLIENT is a corporation, limited liability company or partnership, the
person signing this Agreement on its behalf certifies that such person
is an officer, member, manager or partner thereof, that his or her
action was duly authorized by appropriate corporate, company or
partnership action, that such action does not conflict with the
corporate charter or bylaws, articles of organization or operating
agreement, or the partnership agreement, as the case may be, or any
contractual provision binding on such corporation or partnership, and
that no consent of any stockholders, members or partners to his or
her action is required.
17. Assignment.
CLIENT shall not assign any right or delegate any obligation, arising
u nder this AGREEMENT without prior written consent of
CONSULTANT. CONSULTANT may assign its rights, and delegate
its obligations, arising hereunder at any time by providing written
n otice of such assignment to CLIENT.
18. Entire Agreement; Modifications.
This AGREEMENT contains all the terms and conditions between the
parties and supersedes all prior and contemporaneous negotiations,
representations, understandings and other agreements, oral or
otherwise, that may have been entered into by the parties. All other
statements conditions, covenants, representations, and warranties
are merged herein. Any modifications of this AGREEMENT shall be
in writing and duly executed by the parties.
19. No Implied Waiver.
Any delay or failure of either party at any time to require performance
by the other party of any provision of this AGREEMENT shall not in
any way affect the right of such party to require performance. No
waiver by either party of any breach of any provision of this
AGREEMENT shall be enforceable against such party, unless such
waiver is in writing, and no waiver shall be construed to be a waiver
of any subsequent breach or of any other right or remedy under this
AGREEMENT.
20. Taxes.
CLIENT shall timely pay all applicable sales taxes which are levied
upon the Services provided hereunder, in accordance with applicable
law.
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21. Incorporation of Schedules.
All Schedules attached hereto are incorporated herein by reference
and made a part hereof for all purposes as if fully set forth herein.
22. Notices.
Any notice, request, instruction or documents required or permitted to
be delivered hereunder shall be in writing and shall be deemed given
if delivered personally or by courier service or sent by regular U.S.
mail or facsimile to a party at the address set forth in this
AGREEMENT or its facsimile number.
23. Dispute Resolution.
CLIENT and CONSULTANT agree that as a prerequisite to the filing
of a lawsuit or a demand for arbitration, they shall first submit any and
all unsettled claims, counterclaims, disputes, and other matters in
question between them arising out of or relating to this AGREEMENT
to mediation in accordance with the Construction Industry Mediation
Rules of the American Arbitration Association, effective as of the date
of this AGREEMENT.
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AIM
Committed to providing professional and relationship -based engineering services.
BOGERT
4050 River Center Court NE
Cedar Rapids, IA 52402
Office: (319) 377-4629
Exhibit A - Scope of Services
The City of Waterloo representative and Anderson Bogert may modify any part of this Scope of Services, upon
mutual agreement, to align with the general scope and goals of the project.
TASK A — PROJECT UNDERSTANDING AND AREA DESCRIPTION
1. The proposed project includes general engineering work over the jurisdiction of The City of Waterloo,
Iowa. The objective is to develop 2 to 3 standard mast arm pole specifications with fixed arm lengths
and uniform base and height dimensions that can replace damaged poles across varied street widths
and lane configurations. The poles will be designed with max normal loading of street name signs, traffic
control signs, signal heads, cameras, detection devices, and preemption devices.
2. The CLIENT desires to develop plans with general dimensions and parameters for a set of traffic signal
pole assemblies. Each assembly generally consists of a primary pole, single mast arm and luminaire
extension. The set shall cover the vast majority of possible application locations within the City of
Waterloo. The sheets and specifications shall be complete to the point that the City of Waterloo can
publish a bid package to procure the structures. The selected pole specifications should accommodate
the most common configurations found in the city's traffic signal network (e.g., 1-lane, 2-lane, 3-lane
approaches).
a. The CLIENT desires to acquire a set of representative traffic signal structure assemblies for use
at locations within the city when existing structures are struck/damaged by vehicles,
construction, or other acts of nature. In today's supply chain, these structures take a minimum
of 6-8 months to procure from the time of order. This timeframe creates major concerns for
maintaining traffic operations between destruction/removal of existing signal assemblies, and
when permanent replacements can be installed. The CLIENT would like to have the capability
to quickly replace these assemblies with one of their "stock.
b. The CLIENT's stock may also be used in construction project activities. Required signal
procurement time often places significant strain or restrictions on project development
schedules. Such a set of readily available steel assemblies could possibly be used in
construction to shorten project delivery times.
3. The CLIENT would like to consider standardizing component connections (mast arm and foundation bolt
patterns) for future traffic signals. Standards may also include typical bolt patterns for upright poles, and
mast arm connections. Such a standardized design (if feasible) would allow easier "swapping out" of
individual components in the future if temporary replacement is needed due to damage or other structural
integrity issues.
4. We understand that the CLIENT currently maintains an online GIS database of various signal data. A
portion of the data collected/cataloged with this project will be incorporated into the CLIENT's current
database of signal information. For the initial scope, inventory of existing data will be limited to mast arm
lengths, pole height from base to mast arm connection, and bolt patterns (if available from plan sheets).
5. This proposal does not include structural design of the poles.
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TASK B — EXISTING PLAN REVIEW
1. The CLIENT will provide the CONSULTANT with existing signal plans, as-builts, and shop drawings that
are available for the CLIENT's signal system.
2. The CONSULTANT will briefly review the plans and take inventory of mast arm lengths, pole heights,
and any available bolt connection templates available.
TASK C — EXISTING FIELD REVIEW
1. Depending on the amount of plan data available, the CONSULTANT will supplement the available record
drawing data with representative random sampling of additional signal systems in the field. For purposes
of this scope, it is assumed that about 15 signal systems will be visited over 2 field days by one
CONSULTANT representative. Pole heights (base to mast arm), mast arm lengths, and base bolt
patterns will be measured.
2. Additional signal system items could be added to the scope at a later date as extra work.
3. The field review will focus on commonly used mast arm lengths and pole heights to ensure standard
designs address typical situations in the city.
TASK D — TEMPORARY STEEL STRUCTURE SET DRAWINGS
1. The CONSULTANT will analyze the existing record documents and representative sample data from the
field. This data will be used to formulate a recommended "set" of signal structure assemblies that will
cover the vast majority of typical applications throughout the CLIENT's signal network.
2. The CONSULTANT will draft a short memo summarizing the acquired data and tabulating the
recommended dimensions for the recommended assemblies to procure.
3. After the CLIENT reviews such findings, the CONSULTANT will draft plan drawings, tabulations, and
specifications for the CLIENT's use in bidding and procuring the equipment. The CONSULTANT will not
provide bidding assistance beyond formulating the basic dimensional drawings, tabulations, and general
specifications. Such services could be added in the future as extra work. The documents are intended to
provide enough information for the equipment to be correctly designed, fabricated, and delivered by
potential bidders.
4. The final deliverable should consist of 2 to 3 complete pole assemblies with detailed arm lengths, base
dimensions, and heights that meet typical city configurations.
5. The specifications should be ready for stocking and easy installation without site -specific alterations.
6. The CLIENT will be consulted throughout the design process as needed to obtain feedback on the
recommended configurations to ensure they match the CLIENT's intended use.
TASK E — FUTURE SIGNAL STANDARDS
1. The CONSULTANT will endeavor to speak with several common pole assembly manufacturers to
determine the likelihood and feasibility of developing design standards for typical bolt connection patterns
on primary signal poles and mast arm connections. If such standardization is feasible, the CONSULTANT
will work with the pole manufacturers and CLIENT to create certain standards for future use on CLIENT
projects where signals are procured. The goal of these documents is to provide enough information for
future project bidders to design and procure signal assemblies. The future signal assemblies would allow
for certain components such as a mast arm, or mast arm and pole to be quickly replaced in emergency
situations.
2. Any proposed standardized connection designs should attempt to prioritize interchangeability across
various manufacturers, when possible, to ensure compatibility and ease of replacement. The 2 main
manufacturers are Valmont and Millerbernd.
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TASK F - SCHEDULE
1. The MEMO should be drafted and returned to the CLIENT for review in about 4 weeks of the notice to
proceed and reception of all requested/necessary/available existing records. This timeline is also subject
to delays outside the control of the CONSULTANT which generally include but not limited to safe road
and weather conditions for field review as determined by the CONSULTANT, holidays, availability of and
coordination with pole manufacturers.
2. The DRAFT procurement plans, tabulations, specifications, and future standardized details should be
returned to the CLIENT within about 6 weeks of receiving MEMO comments from the CLIENT along with
any other aesthetic standards required by Waterloo to be implemented into the pole design.
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Exhibit B -Estimated Fee Schedule
Due to the uncertain nature of existing records availability, exact field locations to visit, and coordination efforts
with pole manufacturers, this contract shall be a specified rate plus travel costs renumeration according to the
CONSULTANT's hourly rates attached to this contract, and the generally estimated fee schedule provided below.
The breakdown between staff designations is considered approximate based on the staff resources that the
CONSULTANT anticipated at the time of this agreement. The exact classification breakdown may vary due to the
unique nature of the project as mentioned previously. However, the contract amount and hourly work shall not
exceed the sum of the "Total Estimated Effort Cost" and "mileage" amounts provided below without prior written
approval from the CLIENT. With prior written request and approval, the CLIENT may authorize use of contingency
funds listed below in order to complete additional work and compensation on an hourly basis up to but not to
exceed the "Not to Exceed Total" listed below.
TASK #
ESTIMATED HOURS FOR STAFF
TOTAL
Engineer X
Engineer IV
Engineer II
Engineer I
B
1
2
18
C
26
D
1.5
14
40
E
4
TOTAL
HOURS
3
16
88
IRATE ($)
$298
$170
$125
$102
TOTAL ($)
$745
$2,720
$11,000
$0
Total Estimated Effort Cost: $14,465
Mileage $335
Contingency: $2,960
Not to Exceed Total $17,760
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Committed to providing professional and relationship -based engineering services.
BOGERT
4050 River Center Court NE
Cedar Rapids, IA 52402
Office: (319) 377-4629
Fax: (319) 377-8498
RATES FOR PROFESSIONAL SERVICES
Effective July 1, 2024
Engineer I $102
Engineer II $125
Engineer III $145
Engineer IV $170
Engineer V $188
Engineer VI $215
Engineer VII $239
Engineer VIII $265
Engineer IX $286
Engineer X $298
Expert Witness $320
SurveyorI $91
Surveyor II $124
Surveyor III $146
Surveyor IV $186
Surveyor V $193
Survey Field Work (Truck +1 man) $192
Survey Field Work (2nd man) $64
Engineer Technician I $70
Engineer Technician II $107
Engineer Technician III $133
Engineer Technician IV $160
Engineer Technician V $170
Construction Observation I $102
Construction Observation II $130
Utilities Specialist I $135
Document Specialist I $70
Document Specialist II $81
Document Specialist III $91
Document Specialist IV $100
Public Involvement Specialist I $1 10
Public Involvement Specialist II $128
Drone Operator I $155
Drone Operator II $200
Item Per Each
ATV $100.00/day
Boat $200.00/day
Roll of Flagging $4.50
Flats $1.50
Hubs
Lath
$1.50
$2.00
Spike & Washer $2.00
Paint $8.00
Pins, Rods $3.50
T-posts $7.50
Galvanized Posts $15.00
Mileage
Current IRS mileage rate
Rates subject to change.
The above rates apply to regular hour projects.
Projects on an accelerated schedule, which requires overtime, will be negotiated on an individual basis.
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