Loading...
HomeMy WebLinkAboutVJ Engineering -FY15 Fitzway Drive and Galactic Ext. Con 896-9/8/2015AGREEMENT 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, Cedar Falls, Iowa, 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 F.Y. 2015 Fitzway Drive and Galactic Drive Extensions, City of Waterloo, Black Hawk County, Iowa, City Contract No. 896 and I.D.O.T. RISE No. RM -8155(747)--9D-07; and WHEREAS, it has been agreed that the City shall proceed with the access development: WHEREAS, the said City desires to employ VJ Engineering, of Cedar Falls, Iowa, to provide engineering and land surveying services in connection with the planning, design and preparation of cost estimates, construction plans and construction 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: I. 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. Task 5. 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, cablevision and communication lines. Task 6. Preliminary T pical 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 7. 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 8. Preliminary Storm Sewer Improvements. This task consists of determining the necessary size, slope and location of storm drainage improvements. Task 9. 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 10. Subsurface Investigation. This task consists of determining the scope of work required for subsurface investigation on the project, soliciting proposals for field work from qualified firms and all coordination work required to obtain the necessary soil report. Payment for this work is as part of the Basic Services. Task 11. 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 Task 12. Final Typical Sections. typical cross sections. Task 13. Final Pavement Design. This task consists of final design of the pavement structures and thickness of surfacing, subbase design, shoulder design, subdrainage design, typical joint designs and other pavement details. Task 14. Final Plan and Profiles. This task consists of the final design and drafting of roadway plan and profile sheets. Consultant shall provide thirty (30) sets of reduced This task consists of final design and drafting of 3 DNR Storm Water Management Task 25. 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. Advertising and permit fees are not included in this item and are the responsibility of the City. Construction Engineering Task 26. Ince .ret Plans and S.ecifications. 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 27. 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 28. 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 29. Resident Construction Staff. Provide the necessary qualified staff at the job site to act under the authority of the Resident Construction 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. Task 30. Contractor Pay Estimates. Consultant shall review and approve partial and final pay estimates submitted by the contractor. 5 b) PCC cylinders and beams for strength test. Asphalt extraction for compliance to specifications. 6. Granular Materials Gradation Monitoring: a) Obtain gradation monitoring certification testing for the following project granular materials from suppliers: 1) Granular Drainage Blanket 2) Granular Subbases 3) Porous Backfill for Subdrain 4) Special Backfill 5) If contractor uses maturity testing for the concrete pavement, consultant shall not be responsible for costs associated with said testing. Task 32. 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 33. Claims. Review and prepare recommendations concerning all properly filed claims of the contractor for extra time and/or compensation, if any. IV. TIME OF BEGINNING AND COMPLETION Work under this Contact shall begin at the request of the City with 48 hours notice. Tasks I through 25 shall be completed according to the following time schedule: Major Milestone Notice to Proceed Date September 9, 2015 Preliminary Construction Design September 16, 2015 (Tasks 1 through 11) Final Construction Plans October 30, 2015 (Tasks 12 through 21) Construction Engineering (Tasks 22 through 31) Substantial Project Completion September 30, 2016 (Tasks 32 through 33) The above schedule may be adjusted to meet specific needs of the City. January 11, 2016 — September 30, 2016 7 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, less 5% retainage. 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. 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 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. 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 CITY OF WATERLOO, IOWA CONSULTANT BY Buck Clark Mayor DATE: /e/i ATTEST: I BY. Suzy Sches, CMC City Clerk/Human Resource Director 15 VJ ENGINEERING BY: DATE: Wendell Lupkes (� Vice President