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HomeMy WebLinkAboutAGREEMENT BETWEEN WAYNE CLASSEN ENGINEERING AND SURVEYING INC - RES 2006-1104 opc fp SUPPLEMENTAL N0. 1 o = AGREEMENT uo ✓�� �IIJ�G -J/047 BETWEEN o C A E OWNER AND ENGINEER Zic � � FOR coutic‘ PROFESSIONAL SERVICES Part I. PARTIES AND PROJECT THIS AGREEMENT is made on the /814\ Day of X'CCU YY1 1^ in the year 2006 between The City of Waterloo, Iowa the Owner and Wayne Claassen Engineering and Surveying, Inc. ,the Engineer,for the following Project: Stormwater Pumping Station and piping for the Commercial Street Extension and River Road Relocation Project. The Owner and the Engineer agree as follows: ACEC Owner-Engineer Agreement, Document No. 4 ©THE AMERICAN CONSULTING ENGINEERS COUNCIL 1155 15th Street,N.W.,Washington, D.C.20005 Part II. ENGINEERING CHARGES: LUMP SUM A. In accordance with the Terms and Conditions of this Agreement, the ENGINEER shall provide professional services for which the OWNER shall compensate the ENGINEER as follows: A.1 Basic Services—As defined in Paragraph 1.1 on the basis of a lump sum of One Hundred Thirty—two Thousand dollars($132,000.00 ) • A.2 Additional Services-As defined in Paragraph 1.2, as follows: A.2.1 Principals' time at the rate of Thirty dollars($ 30.00 ) per hour times a multiple of 2.9154 ( ). For the purposes of this Agreement, the Principals are identified as: William J. Claassen A.2.2 Employees' time (other than Principals') at a multiple of (2.9154 times the employees' Direct Personnel Expense as defined in Article 3. A.2.3 Cost of services of other professional consultants at a multiple of (1.0 ) times the amount billed to the ENGINEER by the professional consultants for such services. A.3 Initial. Payment—Execution of this Agreement shall be accompanied by an initial payment by the OWNER of None 0.00 dollars($ ), which shall be credited to the OWNER's account. A.4 Reimbursable Expenses—As defined in Article 4, times a multiplier of One ( 1.0 ) A.5 Payments made after the initial payment shall be made monthly in proportion to services performed so that compensation at the completion of each Phase shall equal the following percentages of total basic compensation: alp Schematic Design Phase 070 Design Development Phase 75 070 Construction Contract Documents Phase 9,0 .010 Bidding or Negotiating Phase _ 100 070 • Construction Phase 010 Page 2 o f 10 Part III.TERMS AND CONDITIONS Article 1. ENGINEERING SERVICES 1.1 Basic Services -The Engineer agrees to perform professional services in connection with the Project, as set forth below and contained within this Agreement: 1.1.1. Project Scope-This portion of the Commercial Street Extension and River Road Relocation Project consists of designing a stormwater pumping system and inlet and outlet piping for the 40±acre Techworks project area. The scope of this Agreement shall include the design of these improvements and assistance to the City of Waterloo in receiving bids for the construction of the Project. The tasks to be performed by the Engineer include the following: A. Design Engineering Phase Task 1. Project Administration and Meetings. This task includes coordination of the Project with the City and progress meetings during the design phase through the bidding phase. Task 2. Field Survey. This task consists of all field surveys required to obtain the necessary topographic data required for the design of the Project. Task 3. Coordination of 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 soils report. Task 4. Preliminary Design. This task includes preparation of plan and profile, detail, general note, estimated quantity and bid reference note sheets and preliminary cost estimates necessary for review of the Project by the City. Task 5. Final Design. This task includes completion of the Construction Plans and Specifications for the Project based upon the comments from the preliminary plan review and preparation of an Engineers Estimate of Probable Construction Cost. Task 6. Bid Letting,Review and Award. This task includes assisting the City in obtaining and analyzing bids for the Project. (Folder\Commercial Street Extension\Supplemental Terms&Conditions.doc) gressed to the point indicated; that to the best of the EN" I- 1.2.7 Providing special analysis of the OWNER's needs NEER's knowledge,information and belief,the quality .- the such as owning and operating analysis, OWNER's operating .ontractor's work is in accordance with the Constriction and maintenance manuals,OWNER's special operating draw- C. tract Documents(subject to subsequent tests an. review ings or charts,and any other similar analysis. req ' ed by the Construction Contract Documents, • correc- 1.2.8 Providing planning surveys, site evaluations and corn- don • minor deviations from the Constructio. Contract Docume•ts and to qualifications stated in the C: tificate for parative studies of prospective sites. Payment); .nd that the Contractor is entitled • the amount 1.2.9 Providing any type of field surveys for design pur- stated. The •ssuing of the Certificate for P:yment by the poses, "stake out" of the location of the work,and any other ENGINEER s all not represent that he has r ade any investi- special field surveys. gation to deter .•ne the uses made by the .ntractor of sums 1.2.10 Furnishing additional copies of reports and addi- paid to the Contr: tor. tional prints of Drawings and Specifications in excess of those 1.1.6.5 Make reco mendations to e OWNER on all stipulated in the Agreement. claims relating to thet xecution and p expenses;thegress of the construc 1.2.11 Investigations involving detailed consideration of tion work. The ENGI`.EER's decisi ns in matters relating to operations, maintenance andoverhead prepara- the ENGINEER's desig• shall be finial. tion of rate schedules,earnings and expense statements, feasi- 1.1.6.6 Notify the OW R of .errnanent,work which does bility studies, appraisals and valuations; detailed quantity not conform to the result required in the Construction surveys of material and labor; and material audits or inven- Contract, prepare a writte r-port describing any apparent tories required by the OWNER. non-conforming permanent ork and make recommenda- 1.2.12 Additional services when the Project involves more tions to the OWNER for it ctrrection and, at the request of than one Construction Contract, or separate equipment the OWNER, have reco rme dations implemented by the contracts. Contractor. 1.2.13 Preparing special Change Orders when requested by 1.1.6.7 Review shop d awings, •.mples, and other submit- the OWNER which are not within the scope of Article 1, tals of the Contracto only for g: eral conformance to the "ENGINEER'S SERVICES,"paragraph 1.1.6.8. design concept of the roject and fo :eneral compliance with the Construction C "tract. 1.2.14 Making a review of the Project prior to expiration of \ the guarantee period and reporting observed discrepancies 1.1.6.8 Prepare Change Orders .r the OWNER'S under guarantees provided by the Construction Contract. approval. 1.2.15 Preparing a set of reproducible record drawings 1.1.6.9 Con ct a construction progres review related to conforming to construction records provided to the the Contrac or's date of completion; receive written ENGINEER,made by the Contractor during the construction guaranteesd related data assembled by 6\te Contractor; process. and issue t the OWNER a Certificate of FinalrPayment. 1.2.16 Additional or extended services during construction 1.1.6.10 The ENGINEER shall not be responstble for the made necessary by (1) work damaged by fire or other cause defect /or omissions in the work result of the Con actors, or during construction, (2) defective or incomplete work of the any bcontractors, or any of the Contractor's o Subcon- Contractor, (3) prolongation of the initial Construction trac or's employees, or that of any other persons or entities Contract time beyond the contract time, (4) acceleration of re onsible for performing any of the work result a con- the work schedule involving services beyond established office med in the Construction Contract. working hours, and (5) the Contractor's default under Construction Contract due to delinquency or insolvency. 1.2 Additional Services 1.2.17 Providing assistance in the initial start-up, testing, If authorized in writing by the OWNER, the ENGINEER adjusting or balancing, or operation of equipment or systems, agrees to furnish or obtain from others, additional profes- or training personnel for operation or maintenance of equip- sional services in connection with the Project, as set forth merit or system. below and contained within this Agreement: 1.2.18 Providing design services relating to future facilities, 1.2.1 Preparation of applications and supporting docu- systems and equipment which are not intended to be con- merits for govenment grants,loans or advances. structed or operated as a part of the Project. 1.2.2 Making drawings from field measurements of existing 1.2.19 Providing services as an expert witness for the construction when required for planning additions or altera- OWNER in connection with litigation or other proceedings tions thereto involving the Project. 1.2.3 Services due to changes in the scope of the Project or its design, including but not limited to, changes in size, com- plexity,schedule or character of construction. 1.2.4 Revising studies, reports,design documents, drawings or specifications which have previously been approved by the 1.2.20 Providing other services not otherwise provided for in OWNER,or when such revisions are due to causes beyond the this Agreement, including services normally furnished by the control of the ENGINEER. OWNER as described in Article 2, "OWNER'S RESPON- 1.2.5 Preparation of design documents for alternate bids or SIBILITIES." for out-of-sequence work requested by the OWNER. 1.2.21 Providing Resident Project Representative services to 1.2.6 Preparation of detailed renderings, exhibits or scale give the OWNER more extensive on-site representation models for the Project. during the Construction Phase. Page 4 of 10 Article 2. OWNER'S RESPONSIBILITIES Article 3 DIRECT PERSONNEL EXPENSE The OWNER shall: • Direct Personnel Expense is defined as the direct labor costs incurred by the ENGINEER directly attributable to the 2.1 Provide to the ENGINEER all criteria, design and con- Project by the payment of the actual salaries and wages to the struction standards and full information as to the OWNER's employees of the ENGINEER, but not including indirect requirements for the Project. payroll connected costs and other non-Project related costs. • 2.2 Designate in writing a person authorized to act as the OWNER'S representative. The OWNER or his representative shall receive and examine documents submitted by the ENGINEER, interpret and define the OWNER's policies and render decisions and authorizations in writing promptly to prevent unreasonable delay in the progress of the ENGINEER's services. 2.3 Furnish to the ENGINEER a complete land survey of she Project__site—vvhich-shall—ineltrde—but—not be—limited—to service and utilities locations with depths and invert grades, easements, rights-of-way, contours, grades, streets, alleys, pavements, adjoining property, encroachments, zoning and deed restrictions, existing buildings, improvements and tree Article 4 REIMBURSABLE EXPENSES locations. 4.1 Reimbursable Expenses are in addition to compensation • 2.4 Furnish soils data including but not limited to reports, to the ENGINEER for Basic and Additional Services and test borings, test pits, probings, subsurface exploration, soil include expenditures made by the ENGINEER, his employees bearing values, percolation tests,ground corrosion and resist- or his consultants in the interest of the Project. Reimbursable ivity tests, all with appropriate professional interpretation. Expenses include but are not limited to: 2.5 Furnish laboratory tests, air and water pollution tests, 4.1.1 Expense of transportation, subsistence and lodging reports and inspections of samples, materials or other items When traveling in connection with the Project. required by law or by governmental authorities having juris- diction 4.1.2 Expense of long distance or toll telephone calls, tele- diction over this Project. grams, messenger service, field office expenses, and fees paid for securing approval of authorities having jurisdiction over 2.6 Provide legal, accounting, and insurance counseling the Project. services necessary for the Project, legal review of the 4.1.3 Expense of all reproduction, postage and handling of Construction Contract Documents,and such auditing services Drawings, Specifications, as the OWNER may require to account for expenditures of gfhENGI EEorts or other Project-related sums paid to the Contractor. work product of the ENGINEER. 4.1.4 Expense of computer time including charges for 2.7 Furnish permits and approvals from all governmental proprietary programs. authorities having jurisdiction over this Project and from 4.1.5 When authorized in advance by the OWNER, expense others as may be necessary for completion of the Project. of overtime work requiring higher than normal rates, and 2.8 Furnish above services at the OWNER's expense and in expense of preparing perspectives,renderings or models. such manner that the ENGINEER may rely upon them in the performance of his services under this Agreement. Article 5 PAYMENTS TO THE ENGINEER 5.1 Progress payments shall be made in proportion to 2.9 Obtain bids or proposals from contractors for work services rendered and as indicated within this Agreement and relating to this Project and bear all costs relating thereto. shall be due and owing within thirty days of the ENGINEER's submittal of his monthly statement. Past due amounts owed 2.10 Protect and preserve all survey stakes and markers placed at the Project site prior to the assumption of this shall include a charge at the maximum legal rate of interest responsibility by the Contractor and bear all costs of replacing from the thirtieth day. stakes or markers damaged or removed during said time 5.2 If the OWNER fails to make monthly payments due the. interval. ENGINEER, the ENGINEER may, after giving seven days written notice to OWNER,.suspend services under this Agree- 2.11 Guarantee full and free access for the ENGINEER to ment. enter upon all property required for the performance of the 5.3 No deductions shall be made from. the ENGINEER's ENGINEER's services under this Agreement. compensation on account of penalty, liquidated damages or 2.12 Give prompt written notice to the ENGINEER when other sums withheld from payments to Contractors. ever the OWNER observes or otherwise becomes aware of any 5.4 If the Project is delayed or if the ENGINEER's services defect in the Project or other event which may substantially for the Project are delayed or suspended for more than three affect the ENGINEER's performance of services under this months for reasons beyond the ENGINEER's control, the Agreement. ENGINEER may,after giving seven days written notice to the . OWNER, terminate this Agreement and the OWNER shall 2.13 Compensate the ENGINEER for services rendered compensate the ENGINEER in accordance with the termina- under this Agreement. tion provision contained hereafter in this Agreement. Page 5 of 10 • • Article 7. SPECIAL PROVISIONS 7.1 Insurance and Indemnity 7.1.1 Engineer's Insurance—The ENGINEER shall acquire and maintain statutory workmen's compensation insurance coverage, employer's liability, comprehensive general liability insurance coverage and professional liability insurance coverage. The limits and deductible applicable to both comprehensive general liability and professional liability shall he established under a separate agreement between the parties. 7.1.2 Contractor's Insurance—Prior to the commencement of the work, the OWNER shall require the Contractor and any Sub- contractors to submit evidence that he(they) have obtained for the period of the Construction Contract and the guarantee period comprehensive general liability insurance coverage (including completed operations coverage). This coverage shall provide for bodily injury and property damage arising directly or indirectly out of, or in connection with, the performance of the work under the Construction Contract, and have a limit of not less than $ 5,000,000.00 for all damages arising out of bodily injury,sickness or death of one person and an aggregate of$ 5,000,000.00 for damages arising out of bodily injury, sickness and death of two or more persons in any one occurrence. The property damage portion will provide for a limit of not less than $ 5,000,000.00 for all damages arising out of injury to or destruction of property of others arising directly or indirectly out of or in connection with the performance of the work under the Construction Contract and in any one occurrence including explosion,collapse and underground exposures. Included in such coverage will be contractual coverage sufficiently broad to insure the provision of paragraph 7.1.4"Indemnity". The comprehensive general liability insurance will include as additional named insureds: the OWNER; the ENGINEER; and each of their officers,agents and employees. 7.1.3 Builders Risk"All Risk"Insurance—Before commencement of the work, the OWNER will require that the Contractor and any Subcontractors submit written evidence that he(they) have obtained for the period of the Construction Contract, Builders Risk "All Risk" Completed Value Insurance Coverage (including earthquake and flood) upon the entire Project which is the subject of the Construction Contract. Such insurance shall include as additional named insureds: the OWNER; the ENGINEER; and each of their officers, agents, employees and any other persons with an insurable interest as maybe designated by the OWNER. Such insurance may have a deductible clause but not to exceed $5,000, except that the earthquake deductible may be in accordance with generally accepted insurance practices in the locale where the coverage is issued. 7.1.4 Indemnity—The OWNER will require that any Contractor or Subcontractors performing work in connection with Drawings and Specifications produced under this Agreement to hold harmless, indemnify and defend, the OWNER and the ENGINEER, their consultants, and each of their officers, agents, and employees from any and all liability claims, losses or damage 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, but not including liability that may be due to the sole negligence of the OWNER, the ENGINEER, their consultants or their officers, agents and employees. • • • • Page 7 of 10 7.3 Resident Construction Review Services 7.3.1 If requested by the OWNER or recommended by the ENGINEER and approved in writing by the OWNER, the ENGINEER shall provide one or more full time Resident Project Representatives to assist the ENGINEER in order to render more extensive representation at the Project site during the Construction Phase. Such Resident Construction Review Services shall be paid for by.the OWNER as Additional Services as defined within this Agreement.The limits of the authority, duties and responsibilities of a Resident Project Representative shall be described before such services begin by written instruments labeled Exhibit A,attached to, and made a part of this Agreement. 7.3.2 By means of the more extensive on-site observations of the work in progress, the ENGINEER will endeavor to provide further protection for the OWNER against defects and deficiencies in the Contractor's work, but the furnishing of such services shall not include construction review of the Contractor's construction means, methods, techniques, sequences or procedures, or of any safety precautions and programs in connection with the work, and the ENGINEER shall not be responsible for the Con- tractor's failure to carry out the work in accordance with the Construction Contract. • • Page 8 of 10 7.4 Limitation of Liability The OWNER agrees to limit the ENGINEER's liability to the OWNER 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 fifty thousand ($50,000) dollars or the ENGINEER's total fee for services rendered on this Project, whichever is greater. • Page 9 of 10 This Agreement executed the day and year written at the beginning of the Agreement. OWNER: ENGINEER: City of Waterloo, Iowa Wayne Claassen Engineering and Surveying, Inc. By: q1601/v4_41/t4„.2.4.__., Timothy J. Hur e , Mayor William J. Claassen, President • Attest By: Attest By: Nancy Eckert, City Clerk . Deborah K. Schumacher Page 10of10