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HomeMy WebLinkAboutENGINEERING SERVICES AGREEMENT RESOLUTION 2007-1026 ENGINEERING SERVICES AGREEMENT � .- r� �o —/ 7 �, �oa� - lo � This agreement made between The City of Waterloo the CLIENT and SNYDER&ASSOCIATES, INC., Consulting Engineers, The ENGINEER, for services concerning the following PROJECT: Hammond Avenue and E. Ridgeway Avenue Intersection Improvements SNYDER&ASSOCIATES, INC. agrees to perform the following professional services in connection with the PROJECT; See Attached Exhibit"A"which by this reference is made a part hereof. The CLIENT hereby agrees to provide the ENGINEER all criteria, design and construction standards, and full information as to the CLIENT'S requirements for the PROJECT. Other terms and conditions of this contract, including time of performance are as follows: See Attached Exhibit"A" The CLIENT agrees to compensate the ENGINEER for the engineering services rendered under this agreement on the following basis: See Attached Exhibit"A" Progress payments shall be made in proportion to services as rendered and as indicated within this agreement, and shall be due and owing within 10 days of the ENGINEER'S submittal of his monthly statement. Past due amounts owed shall accrue interest at 1.5% per month from the 30th day. If the CLIENT fails to make monthly payments due the ENGINEER, the ENGINEER may after giving seven (7)days written notice to the CLIENT suspend services under this agreement. THIS AGREEMENT IS SUBJECT TO ALL THE TERMS AND CONDITIONS LISTED ON THE REVERSE SIDE OF THIS PAGE. This agreement represents the entire and integrated agreement between the CLIENT and the ENGINEER 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 ENGINEER. FOR CITY OF WATERLOO FOR SNYDER&ASSOCIATES, INC. DATE DATE M:\2007_PROJECTS\107.1032\201\ESA Ridgeway&Hammonds.doc 1. In the event that any on-site observation of Contractors'work shall be included as a part of these services,the ENGINEER 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 ENGINEER is not responsible for the construction means,methods,techniques,sequence or procedures,time of performance,programs,or for any safety precautions in connection with the construction work. The ENGINEER is not responsible for the Contractor's failure to execute the work in accordance with the construction contract,nor is the ENGINEER responsible for defects or omissions in work performed as part of any construction contract by the Contractor,or any Subcontractors or any of the Contractor's or Subcontractor's employees,or that of any person or entities responsible for performing such work. 2. All drawings,specifications and other work product of the PROJECT are instruments of service for this PROJECT only. All intellectual property rights regarding drawings,specifications and other work products produced for the PROJECT by the ENGINEER shall remain the property of the ENGINEER whether the PROJECT is completed or not. Reuse of any of the instruments of service of the ENGINEER by the CLIENT on extensions of the PROJECT or on any other PROJECT without the written permission of the ENGINEER shall be at the CLIENT'S risk and the CLIENT agrees to defend and indemnify and hold harmless the ENGINEER from all claims,damages and expenses including attorney's fees arising out of such unauthorized reuse of the ENGINEER'S instruments of service by the CLIENT or by others acting through the CLIENT. Any reuse or adaptation of the ENGINEER'S instruments of service occurring after the written agreement of the ENGINEER shall entitle the ENGINEER to further compensation in amount to be agreed upon by the CLIENT and the ENGINEER. 3. Neither party shall hold the other responsible for damages or delay in performance caused by acts of God,strikes,walkouts,accidents, Government acts,or other events beyond the control of the other or the other's employees and agents. 4. The ENGINEER intends to render its services under this agreement in accordance with the generally accepted professional practices for the intended use of the PROJECT,and makes no warranty,either expressed or implied. 5. Any Opinion of the Construction Cost prepared by the ENGINEER represents his judgment as a design professional and is supplied for the general guidance of the CLIENT. Since the ENGINEER has no control over the cost of labor and material or over competitive bidding or market conditions,the ENGINEER does not guarantee the accuracy of such opinions as compared to Contractor bids or actual cost to the CLIENT. 6. The CLIENT will require any Contractor or Subcontractor performing work in connection with drawings and specifications produced under this agreement to hold harmless,indemnify and defend the CLIENT and the ENGINEER their consultants,and each of their officers,agents and employees from any and all liability claims,losses,or damages arising out of or alleged to arise from the Contractor's(or Subcontractor's) negligence in the performance of the work described in the construction contract documents. 7. Normal and customary engineering and related services do not include services defined as Additional Services. Additional Services shall be performed as requested in writing by the CLIENT and shall be billed to the CLIENT on an hourly basis at hourly fees set forth in the Standard Fee Schedule attached hereto or as set forth in a written Scope of Services defined by the CLIENT and the ENGINEER. 8. The CLIENT agrees to limit the liability of the ENGINEER to the CLIENT and to all construction contractors and subcontractors on the PROJECT due to the ENGINEER S professional negligent acts,errors or omissions such that the total aggregate liability of the ENGINEER to those named shall not exceed the ENGINEERS total fee for services on the PROJECT. 9. Any direct expenses in connection with submittal of fees to any and all regulatory agencies required by the PROJECT shall be paid for directly by CLIENT. Any and all soils or other testing and analysis performed by an independent testing laboratory shall be billed directly to the CLIENT for payment. 10. All services performed on an hourly basis shall be performed in accordance with the current fiscal year Snyder&Associates, Inc.Standard Fee Schedule in affect at the time of actual performance. All services quoted on a lump sum basis shall be valid for one year from the contract date. 11. If the CLIENT fails to pay the undisputed portion of the ENGINEER'S invoices within 30 days of presentation,the ENGINEER shall cease work on the project and the CLIENT shall waive any claim against the ENGINEER,and shall defend and hold the ENGINEER harmless from any claims for loss resulting from cessation of service. In the event of remobilization,the CLIENT and ENGINEER shall renegotiate appropriate terms and conditions of the AGREEMENT,such as those associated with budget,schedule or scope of service. In the event any bill or portion thereof is disputed by the CLIENT,the CLIENT shall notify the ENGINEER within ten(10)days of receipt of the invoice in question,and the CLIENT and ENGINEER shall work to resolve the matter within sixty(60)days of notification by the CLIENT of the dispute. If resolution is not attained within sixty(60)days,either party may terminate this AGREEMENT,in accordance with the Termination Section of this AGREEMENT. 12. The ENGINEER or CLIENT 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. 13. In the event of any litigation arising from or related to the services provided under this Agreement,the prevailing party will be entitled to recovery of all reasonable costs incurred,including staff time,court costs,attorneys'fees and other related expenses. It is further agreed that any legal action between the Client and the Engineer arising out of this Agreement or the performance of the services shall be brought in a court of competent jurisdiction in the State of Iowa. 14. Neither the CLIENT nor the ENGINEER shall delegate,assign,or otherwise transfer his duties under this agreement without the written consent of the other. 15. In the event any provisions of this agreement shall be held to be invalid and unenforceable,the remaining provisions shall be valid and binding 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. 16. ENGINEER shall not be responsible or liable for compliance with any storm water discharge requirements at the site, if any, other than the preparation of the Notice of Intent for Storm Water Discharge Permit No.2 applicable to the site and creation of the initial storm water pollution prevent plan (SWPPP) for the site. CLIENT shall be solely responsible for: a) the submittal of the Notice of Intent; b) the implementation, administration and monitoring of the initial plan; c)making modifications to the initial plan as needed; d)filing the Notice of Discontinuance; and, e) compliance with all NPDES and storm water discharge statutes, rules, regulations or ordinances applicable to the site. M:\2007_PROJECTS\107.1032\201\ESA Ridgeway&Hammonds.doc SCOPE OF ENGINEERING SERVICES CITY OF WATERLOO HAMMOND AVENUE &E RIDGEWAY AVENUE INTERSECTION IMPROVMENTS INTERSECTION IMPROVEMENT PROJECT EXHIBIT"A" GENERAL The Scope of Services outlines the engineering services required to complete the Hammond Avenue and E.Ridgeway Avenue Intersection Improvements. The project generally involves design of intersection geometry and signalization improvements,and development of bid documents. The improvements were concepted in conjunction with the 2007 ICAAP Grant. It is understood that the City Engineering Department is undertaking the design of improvements along Ridgeway and Hammond Avenues with the exception of the intersection. II. SCOPE OF SERVICES A. DESIGN SERVICES The Engineer shall provide Design Services, as required for the completion of the above project as follows: 1. Design Survey-The Engineer will perform supplemental survey duties that will obtain topographical data including edge of pavement,curbs,medians, traffic signals, signage,right-of-way, and intersecting street and access points. Utility locates will be established via One-Call system. The Engineer will utilize established benchmarks and horizontal control and will coordinate with the City Engineering Department. 2. Preliminary Plans—The Engineer will include the following in a set of Preliminary Plans(50%). • Preliminary plan and profile of realigned roadways • Vertical alignment with profile of proposed improvements • Identification of private and public utility relocations • Identification of pedestrian access points and crossings • Traffic Signal layout plan • Grading plans • Preliminary construction and removal limits • Preliminary staging plan • Preliminary erosion control plan • Preliminary striping and signage plan • Identification of ROW and property acquisition needs M:\2007_PROJECTS\107.1032\201\Exhibit A REV 1-SOS waterloo.doc 3. Acquisition Plats—The Engineer will prepare applicable permanent and temporary acquisition plats, as required, for construction of improvements along the realigned intersection.Includes up to two(2)parcels. 4. Check Plans—The Engineer will prepare a set of Check Plans (90%)plans that incorporate Preliminary Plan comments from the City and IDOT. The plans shall include the following: • Quantity References • General notes and details • ROW Plan • Construction Traffic Control and Staging • Special Provisions 5. Final Plans-Final Plan Preparation will commence upon review and comment of the Check Plans and Specifications by the City and the Iowa DOT. The Final Plans will be submitted for use of conducting a public hearing and letting for a public improvement project. 6. Preparation of Bid Documents-The Engineer will prepare opinion of probable construction cost, contract documents, including technical specifications. 7. The Engineer shall provide periodic updates of the project development status via meetings,verbal reports, or email updates. 8. The Engineer will assist the City in the coordination and attend at least one general meeting with the public and/or impacted property owners, and meet with individual property owners when necessary. The Engineer will prepare exhibits for use in the meetings to demonstrate the impact to property. 9. SWPPP&IDNR permit—The Engineer will prepare an Erosion Control Plan and shall provide a Stormwater Pollution Prevention Plan(SWPPP)in accordance with the IDNR guidelines and will assist the City in securing a NPDES permit for the project. 10. The design shall be based on Iowa DOT requirements as determined by the DOT office that oversees this project.The Engineer shall coordinate and correspond with appropriate Iowa DOT and Federal Highway Administration offices. City of Waterloo's standard designs will be used to complement DOT standards designs and/or when is permitted to do so. 11. The Engineer shall submit the plans and specifications to City Traffic Operations Department for review before submitting them to Iowa DOT. M:\2007_PROJECTS\107.1032\201\Exhibit A REVI-SOS waterloo.doc City reviews those documents for general compliance with the overall concept of the project. B. ADDITIONAL SERVICES The City may request Additional Services from the Engineer not included in the Scope of Services as outlined herein. Other services may include,but are not limited to expanding the scope of the project of the work to be completed, requesting the development of various documents, extending the completion time of the project through no fault of the Engineer, or requesting additional work items that increase the Engineering Services and corresponding costs.Upon initiation of Other Services,the Engineer shall submit, in writing to the City,the estimated costs. Such costs will be based on the current hourly rates and fixed expenses as outlined in the attached 2007-2008 Fee Schedule. III. SCHEDULE A. The anticipated schedule for the Services by the Engineer as outlined in this Exhibit "A"shall begin upon execution of this agreement and receipt of a Notice to Proceed by the City. This project will be a DOT let project. The Engineer shall observe the Iowa DOT schedules and guidelines in this regard. The project timeline will follow the IDOT critical path project development schedule. Dependant upon jurisdictional reviews and the easement/right-of-way acquisition process, a June letting is anticipated. IV. COMPENSATION AND TERMS OF PAYMENT A. DESIGN SERVICES Compensation for the Design Services by the Engineer as outlined in this Exhibit "A"shall be compensated for on a lump sum remuneration basis. The fee for these services shall be$48,709. B. ADDITIONAL SERVICES Additional Services by the Engineer may be required for the project. These services will be based on the attached 2007-2008 Fee Schedule and the City will be billed for actual direct hours spent. City authorization shall be secured before the Engineer can initiate any additional services. M:\2007_PROJECTS\107.1032\201\Exhibit A REV1-SOS waterloo.doc SNYDER & ASSOCIATES 2007-08 STANDARD FEE SCHEDULE Billing Classification/Level Billing Rate Professional Engineer, Landscape Architect, Land Surveyor, Legal, Project Manager, Planner, Right-of-Way Agent, Graphics Designer Principal $140.00 /hour Lead $129.00 /hour Senior Seni $122.00 /hour VIII VII $118.00 /hour VI $113.00 /hour $108.00 /hour V V $101.00 /hour III $91.00 /hour II $82.00 /hour $75.00 /hour I $64.00 /hour Technical Technicians--CADD, Survey, Construction Observation Principal $95.00 /hour Lead $89.00 /hour Senior VIII $83.00 /hour VII $79.00 /hour VI $71.00 /hour V $66.00 /hour $60.00 /hour IV IV $53.00 /hour II $46.00 /hour I $40.00 /hour $35.00 /hour Administrative Clerical, Computer Programming, Financial Principal $85.00 /hour Lead $79.00 /hour Senior VIII $75.00 /hour VII $69.00 /hour VI $64.00 /hour V $58.00 /hour IV $49.00 /hour III $43.00 /hour II $38.00 /hour I $33.00 /hour $30.00 /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