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HomeMy WebLinkAboutAMENT Design - Traffic Survey for 5th and 6th Street-8/1/2016AGREEMENT for Surveying and Engineering Services for Traffic Safety Improvements at Systemic Traffic Safety Improvements on 5th and 6th Streets in Waterloo, Iowa Iowa DOT Project Number: CS -TSF -8155(749)--85-07 Traffic Operations Project Number: TOF-276 GENERAL This Agreement for surveying, traffic / transportation engineering design and related services, design supervision, drafting, and construction phase services is based on Ament Design's (hereinafter referred to as CONSULTANT) understanding of the Project needs of the City of Waterloo, Iowa Traffic Operations Department (hereinafter referred to as CLIENT). PROJECT DESCRIPTION The City of Waterloo, Iowa intends to implement traffic safety improvements on 5th and 61h Streets in downtown Waterloo area. These improvements will utilize Iowa Department of Transportation (DOT) Traffic Safety Grant funding for Project construction. City specifications will be used for the Project improvements. The proposed construction Contract Documents will be used for a local bid letting. The Contract Administrator for the CLIENT is the City's Traffic Engineer. SCOPE OF SERVICES The CONSULTANT will provide surveying (if needed), engineering design and drafting services, and design supervision, and will assist the CLIENT with the preparation of required documentation during the Project construction phase for the Project. The Project services will entail all or part of the services mentioned under this section titled SCOPE OF SERVICES. The scope of services to be performed by the CONSULTANT shall be completed in accordance with generally accepted standards of practice. Tasks may include, but are not limited to, the following general tasks: AMENT DESIGN PAG0294.110620 5th -61h St Traffic Signais%ADMINISTRATIONICONTRACT\Agreement for 2016 TSF Grant Design Services (5th St -6th StTraffic Signals).doc 1. Project Management This task includes kick-off coordination with CLIENT, site visit, project status updates, schedule tracking, and budget management. 1. Project Team Kick-Otf Meeting - This meeting shall nclude select members of the Project team (CLIENT and CONSULTANT). The purpose of the meetings is to review the detailed Project plan including tasks, responsible individuals, and timing to cornplete the tasks; obtain Project information from the CLIENT; and clarify design issues and requirements. 2. Track Project Schedules - This task involves tracking the Project design schedule throughout the Iength of the design services contract. This will be done to determine if the performance of the design services is in conformance with the Project schedule. If the Project is not on schedule, CONSULTANT will present an approach for bringing the Project back on schedule. 3. Monitor Project Scopes - This task involves monitoring the Project scope throughout the Iength of the design services contract. This will be done to identify needed services that are not included in the scope of the design services contract. CONSULTANT will make the CLIENT representative aware of potential change orders to the design contract before the additional services are performed. 4. Project Review Meetings - This task involves attendance at Project review meetings with representatives of the CLIENT. These meetings may be conducted via teleconference. The CONSULTANT will keep, prepare, and distribute minutes of meetings to attendees in a timely manner. 11. Research and Data Collection 1. Horizontal Control Surveys - If requested by the CLIENT, this item includes the establishment of temporary horizontal control points (typically, 30"-Iong, 1/2" - diameter metal rebar) within the Project corridor(s) prior to construction. GPS methods utilizing The Iowa Real Time Network (NAD 83 datum, Iowa North Zone State Plane Coordinates) wilI be used to establish the Project coordinate system. This task also includes the acquisition and documentation of reference ties for these horizontal control points. 2. Vertical Control Survey - If requested by the CLIENT, this item includes the establishment of temporary benchmarks within the Project corridor on NAVD 88 datum, based on existing published CITY benchmarks or other reliable vertical control points in the Project vicinity. This may include determining elevations of the temporary horizontal control points mentioned above. 3. Topographic Surveys - If requested by the CLIENT, this item includes the field and office tasks to perform the research and field measurernents to provide the necessary topographic inforrnation for the Project to supplement the survey data or mapping information already collected by the CITY or others within the Project corridor in recent years. The information to be collected includes topography, visible permanent improvenients and features, and utility markings placed as the result of an Iowa One CaII Design Request. 2 AMENT DESIGN 4. Collection and Review ot Base Information - This task includes turning movement count data collection during the peak hour(s) of travel, the collection and review of Project base mapping obtained by the CLIENT and provided to the CONSULTANT for use in development of the Project plans. The base mapping will be provided in either MicroStation or AutoCAD electronic file format to a scale of not smaller than 1" = 50' (for 11" x 17" half-size sheets) using CITY standards for line types and symbols. Scales Iarger than this wilI be used as appropriate for the work involved. 111. Preliminarv Desiqn Plans Design Services - This task wilI include Project design by the CONSULTANT and direct supervision of some Project design development performed by the CLIENT and the performance of the drafting tasks necessary to develop preliminary and check / final plans for the proposed improvements. 1. Verify Recommended Concept - This task includes a review of the conceptual design Iayout prepared by the CLIENT for the proposed traffic signal Iocation(s). 2. Photographic / Video Review of Project Corridor - This task includes the preparation of photographs and/or videotape of the Project Iocations obtained while walking and/or driving through the area. The purpose of this task is to provide for the efficient review of the Iocations during the design and/or design review process. It may include times of peak hour traffic, if applicable, and drainage during rainfall events, if applicable. 3. Preparation and Refinement of Base Information - If survey data is obtained by the CONSULTANT, this task includes the collection of the information of the research and data collection phase and the reduction of topographic survey data for the purpose of preparing Project drawings. The plan drawings will be prepared to a suitable scale (typically 1" = 50') (for 11" x 17" half-size sheets) using CONSULTANT standards for line types and symbols. Scales smaller or Iarger than this wilI be used as appropriate for the work involved. Certain base sheets may be prepared utilizing aerial photography obtained from the CITY as a background, in Iieu of topographic survey base mapping. 4. Review Design Standards - This task includes the review of the design standards applicable to the development of the Project. 5. Design Supervision and PIan / Details Review - This task includes the direct supervision of the design performed by the CLIENT for the proposed improvements and review of the detailed plans, standard drawings, and special details prepared by the CLIENT that document the proposed design. 6. Traffic Signal Control Type and Timing Review / Development - This task includes the review of existing and collected traffic count data with regard to the suitability of converting to an adaptive signal control system, the review of existing traffic signal timing, and the possible development of updated, initial signal timings utilizing the collected traffic data and the existing intersection geometry. 3 AMENT DESIGN 7. Traffic SignaI Design - This task includes the design and preparation of detailed plans for 1) the possible removal, relocation, reconfiguration, or replacement of existing mast arm poles, and 2) the installation of signal controllers, signal head, detectors, etc. .at the Project intersection. Plans will include traffic signal Iayout, a wiring diagram, signal phasing and timings, might involve loop detector and/or ather type of detection, handhole, and base Iocations, and a summary of anticipated traffic signal quantities. The CLIENT will assist the CONSULTANT with the research for and development of special provisions and special details. 8. Quality Review of Draft Contract Documents - This task includes a review by the CONSULTANT regarding the quality of the CONSULTANT -prepared design and detailed plans and the CLIENT -prepared Contract Documents, such as standard drawings, special details, specifications, special provisions, and bidding documents. The accuracy and completeness of the documents shall be scrutinized in order to minimize the need for modifications to the design. Any necessary modifications shall be discussed with and agreed to by the CLIENT betore being included in the documents following the quality review by the designer and prior to continuing to the next step. 9. Preliminary PIan Subniittal - This item includes the submittal of the appropriate number of copies of the Preliminary Plans to the CLIENT and to the Iowa DOT. IV. Check Plans / Final Plans A. Check / Final Plans - This item includes the addition of information to the Preliminary Plans and the incorporation of the Preliminary PIan review coniments to more fully develop the contract documents. 1. Draft Special Details - If requested by the CLIENT, this itern includes the drafting of special Project details designed by the CLIENT, if needed. 2. Addition of Text / Information to Drawings - This task includes the addition of information and text to the drawings in order to provide for the needed detailed Iocation and dimension information. Information related to quality ofworkmanship and quality of materials shall be included in the Special Provisions, if needed. 3. Quality Review of Updated Contract Documents - This task includes a review by the CONSULTANT of the updated Contract Documents, such as standard drawings, special details, specifications, special provisions, and bidding documents, updated by the CLIENT to reflect review comments received from the Iowa DOT. 4. Budget Review - This task includes the review of the quantities calculated by the CLIENT and/or the CONSULTANT for the significant traffic signal bid items proposed for the Project Iocations and the cost opinion developed by the CLIENT and/or the CONSULTANT using historical bid unit prices for comparable items. 5. Check / Final PIan Submittal - This item includes the submittal of the appropriate number of copies of the Check / Final Plans and Specifications and Special Provisions, if required, and Bidding Documents to the CLIENT and the Iowa DOT. 4 AMENT DESIGN V. Construction Phase Services Construction Administration 1. Assist CLIENT with Freparation of Project Documentation - This task ineludes assisting the CLIENT with the preparation of construction phase Project documentation that is needed to satisfy Federal aid funding requirements. A total of up to twelve (12) hours of effort is anticipated for this task. Specific Rate of Compensation 15 the remuneration method. Payment wiII be based on a standard hourly rate plus reimbursable expenses basis, using the rates 85 shown on Attachment A, but shall not exceed the Agreement amount. The Agreement amount is Forty Thousand dollars ($40,000.00). This is the not -to exceed amount. If at any time during the work, the CONSULTANT determines that its actual costs wilI exceed the anticipated Agreement amount, it wiII promptly so notify the Contract Administrator in writing and describe what costs are causing the overrun and the reason. Overruns and additional expenses must receive prior CLIENT approval to be valid. The CLIENT has 30 days from the submittal date of the final draft of this Agreement to enter into this Agreement in order for the terms of this Agreement to remain valid. All requests for payments shall have Traffic Operation Project number TOF-276 noted on them. EXTENSION OF TIME AND SERVICES Thetime for completion of each Assignnient of this Agreementwill be mutually agreed upon and set and shall not be extended because of any delay attributed to the CONSULTANT, but may be extended by the Contract Administrator in the event of a delay attributed to the CLIENT or the Contract Administrator, or because of unavoidable delays beyond the reasonable control of the CONSULTANT. Services may be extended to cover assignments of similar work if rnutually agreed upon by both the CONSULTANT and Project Administrator. Any CONSLJLTANT cost incurred beyond and above the amount approved in this Agreement must receive prior CLIENT approval to be valid. CLIENT RESPONSIBILITIES It will be CLIENT's responsibility to collect and provide the data and information needed for the individual Assignments, except for those requested of the CONSULTANT by Contract Administrator and agreed to by the CONSULTANT. OTHER SERVICES THAT COULD BE, BUT ARE NOT. INCLUDED IN PROJECT SCOPE 1. Boundary surveys. - 2. Design of or plan development for reconstructed sidewalks and/or pedestrian ramps. 3. Development of acquisition plats and/or temporary construction easement exhibits. 4. Construction observation. 5. Construction adrriinistration other than assistance with preparation of construction phase documentation. 6. Development of specifications, special provisions, or bidding documents. 5 AMENT DESIGN ADDITIONAL SERVICES None. Terms and Conditions of the Agreement The attached Terms and Conditions are considered part of this Agreement and part of each individual Assignment. AGREEMENT CLIENT: City of Waterloo. Iowa BY: DATE: ATTEST: DATE: AMENT DESIGN DATE: .1vly LE, ole/G ATTEST: /RM+Qi DATE: 'IruV 2Z, Zd/6 AMENT DESIGN TERMS AND CONDITIONS AMENT DESIGN Progress payrnents shall be made in proportian to services as provided and as indicated within this agreement, and shall be due and owing within 30 days of the CONSULTANT'S submittal of his monthly statement. Past due amounts owed shall accrue interest at the Iesser rate ef 1.5% per month, er the maximurn rate ellowed by !aw fthe CLIENT fai!s to make monthly paynients due the CONSULTANT, the CONSULTANT may after giving seven (7) days written notice to the CLIENT, suspend services under this agreement. This agreenient may be terrninated by either party by seven (7) days written notice in the event of substantial failure to perform in accordance with the terms of this agreement by the other party through no fault of the temiinating party. This agreement represents the entire and integrated agreernent between the CLIENT and the CONSULTANT and supersedes all prior written or oral negotiations, representations, or agreernents. This agreenient rnay be amendedonly by written instrument signed by both the CLIENT and the CONSULTANT. In the event that any onsite observation of Contractors' work shall be included as a part of the work under the agreement, the CONSULTANT shall endeavor to guard the CLIENT against apparent defects and deficiencies in the permanent work constructed by the Contractor but does not guarantee or warrant the performance of the Contractor. The CONSULTANT is not responsible for the construction means, rnethods, techrtiques, sequence or procedures, time of performarice, programs, or for any safety precautions in connection with the construction work. The CONSULTANT is not responsible for the Contractors failure to execute the work in accordance with the construction contract. 2. The CONSULTANT shall not be responsible for defects or omissions in the work of the Contractor or any Subcontractors or any of the Contractor's or Subcontractor's employees, or that of any person or enhties responsible for performing work which results in a construotion contract on the basis of the services to be performed by the CONSULTANT. 3. If the PROJECT 18 delayed or if the CONSULTANTS services for the PROJECT are delayed or suspended for more than three (3) months for reasons beyond the CONSULTANT'S control, the CONSULTANT may, after giving seven (7) days written notice to the CLIENT, terminate this agreement and the CONSULTANT shall be paid for serviees performed to the ternination notice date, including reimbursable expenses due, plus termination expenses. Termination expenses are defined as reimbursable expenses directly attributable to the termination. 4. Neither the CLIENT nor the CONSULTANT shall delegate, assign, or otherwise transfer his duties under this agreement without the written consent of the other. 5. All drawings, specifications and other work product of the CONSULTANT for this PROJECT are instruments of service for this PROJECT only and the intellectual rights to it shall remain the property of the CONSULTANT whether the PROJECT is completed or not. Reuse of any of the instruments of service of the CONSULTANT by the CLIENT on extensions of this PROJECT or on any other PROJECT without the written perrnission of the CONSULTANT shall be at the CLIENTS risk and the CLIENT agrees to defend and indemnify and hold harmless the CONSULTANT from all claims, daniages, and expenses including attorney's fees arising out of such unauthorized reuse of the CONSLJLTANT'S instruments of service by the CLIENT or by others acting through the CLIENT Any reuse or adaptation of the CONSULTANT'S instruments of service occurring after the written agreement of the CONSULTANT shall entitle the CONSULTANT to further compensation in amounts to be agreed upon by the CLIENT and the CONSULTANT 6. Copies of documents that may be relied upon by Client are Iirnited to the printed copies (also known as hard copies) that are signed or sealed by Consultant, Files in electronic media format or text, data, graphic or other types that are furnished by Consultant to Client are only for convenience of Client. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, Consultant makes no representations as to Iong-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems or computer hardware differing from those in use by Consultant at the beginning of this assignment 7. This agreement shall be governed by the Iaws of the State of Iowa. 8. The CLIENT and the CONSULTANT agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. The CLIENT and the CONSULTANT further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require alI independent contractors and consultants to likewise include a similar mediation provision in all agreements with subcontractors, subconsultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between parties to those 7 AMENT DESIGN P:\G0294.R0e20 Sth-Bth St Traffic Sgnatst,DMINISTRATION\CONTRACTV¼greoment for 2016 TSF Grant Oesign Sorvices (5th St6th St Traffic Signas).doc agreements. Ariy costs incurred for a rnediator, plus his or her exponses, shall be shared equally between the pariles involved in the mediation. 9. Neither party shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, walkouts, accidents govornment acts, or other events beyond the control of the other or the other's employees and agents. 10. In the event any provisions of this agreenient shafl be held to be invalid and unenforceable, the remaining provisions shall be valid and bindirtg upon the parties. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 11. The CONSULTANT intends to render his services under this agreement in accordance with the generaily accepted professional practices for the intended use ofthe PROJECt and makes no warranty, either exprossed or implied. 12. Any Opinion of the Construction Cost prepared by the CONSULTANT represents his judgment as a design professional and is supplied for the general guidance of the CLIENT. Since the CONSULTANT has no control over the cost of labor and material or over competitive bidding or market conditions the CONSULTANT does not guarantee the accuracy of such opinions as cornpared to contractor bids or actual cost to the CLIENT 13. The CLIENT shall provide for right of entry for employees of the CONSULTANT and aII of the equipment, which is necessary for the CONSULTANT to perform the work. WhiIe the CONSIJLTANT will take responsible precautions to minimize any damage to the property it is understood by the CLIENT that in the normal course of work, sorne damages may occur, the correction of which is not part of this agreement. 14. In the prosecution of the work, the CONSULTANT will take responsible precautions to avoid damage or injury to subterranean struotures or utilities. The CLIENT agrees to hold the CONSULTANT harmless for any damage to subterranean structures, .which are not called to the CONSULTANT!S attention and correctly shown on any plans furnished. 15. The CONSULTANT wiII notify the CLIENT of changes in scope of services and of adjustment in conipensation by amendment to this Agreement. 16. Nothing in this agreement shall irnpose Iiability on the CONSULTANT for claims, Iawsuits, expenses, or darnages arising from, or in any manner related to: A. The clispersal, discharge, escape, release or saturation of smoke, vapors soot, furnes, acids, alkalis, toxic chemicals, liquids, gases or any other materials, irritant, contaminant or pollutant in or into the atmosphere, or on, onto, upon, in or into surface or subsurface of (a) soil; (b) water or water courses; (c) objects; and (d) any tangible or intangible rnatter whether sudden or not. B. Tho exposure to, or the handling, manufacture or disposal of asbestos or asbestos products in any of its various forms. 17. The CLIENT shall have ten (10) days after issue of invoice to dispute the amount owed. After ten (10) days, the invoice becornes due and payable. 18. CONSULTANT shall maintain a professional indemnity insurance policy covering professional Iiability of work done by CONSULTANT under this Agreement and the coverage of such policy shall remain in effect for the duration of statute of liniitations under lowa laws for the applicable items. The policy shall cover risks associated with damage due to the CONSULTANT'S negligent act, error or omission for a minimum of $I,000,000 each claim, $1,000,000 in the aggregate. CONSULTANT rnay write the construction contract documents in a manner to require the construction contractor to extend the indemnity given to CLIENT to also cover CONSULTANT. CONSULTANT shall pay at CONSULTANT's own expense for correction of construction work when such correction is deemed necessary and 5 deenied to be solely the result of the CONSULTANTs negligent acts, errors, or ornissions. 8 AMENT DESIGN Engineer 1 Engineer 2 Engineer 3 Engineer 4 Engineer 5 Engineer 6 Engineer 7 Architect 1 Architect 2 Architect 3 Senior Architect Interior Designer 1 Interior Designer 2 Interior Designer 3 STANDARD HOURLY RATES EFFECTIVE 01/01/2016 $ 90.00 95.00 105.00 115.00 140.00 150.00 180.00 $80.00 105.00 120.00 160.00 $65.00 80.00 100.00 ARLINGTON HEIGHTS Technician 3 $80.00 Engineer 3 130.00 Engineer 6 160.00 DIRECT COSTS GPS Equipment Ground Based Lidar Mileage Bond Copies (per square foot) Copies (per copy) Postage Administrative 1 Administrative 2 Administrative 3 Administrative 4 Clerical 1 Clerical 2 Clerical 3 Clerical 4 Technician 1 Technician 2 Technician 3 Technician 4 Technician 5 Land Surveyor 1 Land Surveyor 2 Land Surveyor 3 Land Surveyor Mgr $ 85.00 100.00 115.00 120.00 $ 50.00 55.00 70.00 80.00 $ 60.00 70.00 80.00 90.00 95.00 $105.00 115.00 135.00 160.00 $50/hr $1,000/day $0.54/mi $0.40/ea $0.30/ea $0.49/oz OTHER DIRECT REIMBURSABLE COSTS WILL BE BILLED AT COST PLUS 15% REMARKABLE SERVICE -SUPERIOR RESULTS