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HomeMy WebLinkAboutAGREEMENT FOR ENGINEERING SERVICES - RESOLUTION 2008-533 , , a - .533 AGREEMENT 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 Van Winkle-Jacob Engineering, Inc., d/b/a 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. 2007 Cyclone Drive/Titan Trail, City of Waterloo, Black Hawk County, Iowa, City Contract No. 727 and I.D.O.T. RISE No. RM-8155(697)--9D-07; and WHEREAS, it has been agreed that the City shall proceed with the project: WHEREAS, the said City desires to employ VJ Engineering, Cedar Falls, Iowa, to provide engineering and land surveying services in connection with the planning, design and preparation of 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. 1 II. GENERAL A. The City will coordinate all communications and information and participate in conferences as may be required. B. The work under this Contract shall at all times be subject to the general supervision, direction and approval of the City. C. OBLIGATIONS OF THE CITY TO THE CONSULTANT—All existing information applicable to the Consultant without cost. D. Compliance with all of the foregoing shall be considered to be within the purview of this Contract and shall not constitute a basis for additional or extra compensation. III. SCOPE OF SERVICES A. BASIC SERVICES General Description. This project consists of completing the construction engineering phase of the street extension of Cyclone Drive/Titan Trail. The work to be performed by the Consultant under this Contract shall encompass and include all detail work, services, materials, equipment and supplies necessary for the Consultant to perform the following tasks: Construction Engineering Task 1. Construction Review. This task consists of the general engineering review of the project construction to assure that the construction generally conforms to the plans and specifications. (This task does not include detailed testing and inspection of the construction.) Task 2. Record Drawings. Consultant shall provide the City with two (2) complete sets of record drawings upon completion of the construction. Task 3. Interpret Plans and Specifications. 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 4. 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. 2 Task 5. 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 vVl � acLVl 11R.] quality, safety and completion within the contract time, as do the utility companies involved in this project. Task 6. 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. Review and recommend final payment to the contractor. Prepare final acceptance form for IDOT. Task 7. 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 1 through 7 shall be completed according to the following time schedule: Major Milestone Date Construction Engineering September 30, 2008 The above schedule may be adjusted to meet specific needs of the City. V. FEES AND PAYMENTS A. Basic Services 3 1. Compensation - The Consultant shall be reimbursed the following lump sum fees: a. Construction Engineering $1,397.50 The Maximum Amount Payable under the Section A Basic Services is $1,397.50. If the Consultant establishes and if the City agrees that the original estimate of cost and/or scope of work changes, the Maximum Amount Payable may be increased by a Supplemental Agreement or this Contract will be terminated and the Consultant paid for all work completed to the termination date based on cost records supplied to the City by the Consultant. B. Additional Services 1. The Consultant shall be compensated for Additional Services authorized by the City at the following charges: Project Engineer $95.00/hour Survey Crew $105.00/hour Technical $65.00/hour CADD $60.00/hour Inspection $65.00/hour Clerical $35.00/hour Implementation of a revised rate schedule is subject to prior approval by the City. C. Outside Services a. If the Consultant deems it necessary to hire outside Consultants or subcontractors, in the performance of Additional Services, the Consultant shall bill the City at one (1) times the Outside Service cost to the Consultant. b. Proposals will be obtained from local consultants for any outside services. Prior to entering into a contact for any outside services, approval must be obtained from the City. D. All government permit fees and publication costs will be paid by the "City". E. Payments 4 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. 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. 5 C. Suspension and Termination of Agreement 1. In the event of the death of any member or partner of the Consultant's firm,the surviving members shall complete the work, unless otherwise mutually agreed upon by the City and the survivors. 2. The right is reserved by the City to terminate this Contract at any time upon not less than thirty(30) days written notice to the Consultant. 3. In the event the Contract is terminated by the City without fault on the part of the Consultant,the Consultant shall be paid for work performed and delivered up to the date established in the termination notice. The City shall determine the amount of work performed and shall set the amount of the Lump Sum to be paid accordingly. Hourly rate costs for restaking shall be determined by audit to the date established by the City in the termination notice. 4. In the event the Contract is terminated by the City for fault on the part of the Consultant,the Consultant shall be paid only for work satisfactorily performed up to the date established by the termination notice. After audit of the Consultant's costs to the date established by the City in the termination notice and after determination by the City of the amount of work satisfactorily performed,the City shall determine the amount to be paid the Consultant. 5. The right is reserved by the City to suspend this Contract at any time. Such suspension may be effected by the City by giving the Consultant written notice and will be effective as of the date established in the suspension notice. Payment for the Consultant's services will be made by the City to the date established in the suspension notice in accordance with Paragraph 3 above. 6. Should the City wish to reinstate the work after notice of suspension, such reinstatement may be accomplished by thirty (30) days written notice within a period of one (1) year after such suspension, unless this period be extended by written consent of the Consultant. 7. Unless this contract has been terminated prior to the completion of the work as herein before provided,this Contract shall not be considered terminated upon completion and acceptance of the work, or upon final payment therefore,but shall be considered to be in full force and effect for the purpose of requiring the Consultant to make such revisions or corrections in the work as are necessary to correct errors made by the Consultant in the work or for the purpose of having the Consultant make revisions in the work at the request of the City. 6 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. 7 Compliance with Title 49, Code of Federal Regulations During the performance of this Contract, the Consultant, for its assignees and successors in interest (hereinafter referred to as the "Consultant"), agrees as follows: 1. Nondiscrimination: The Consultant, with regard to the work performed by it, will not discriminate on the grounds of race, color, sex, age, national origin or creed in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Contract covers a program set forth in Appendix "A", "B" and "C" of the Regulations. 2. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this Contract and the regulations relative to nondiscrimination on the grounds of race, age, color, sex, national origin or creed. 3. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Contract, the City shall impose such contract sanctions as it may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Consultant under the Contract until the Consultant complies; and/or b. Cancellation, termination or suspension of the Contract, in whole or in part. J. Anti-Kickback Rules Salaries of architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only 8 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. 9 M. Interest of Certain Federal Officials No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Contract or to any benefit to arise herefrom. N. Savings or Severability Clause If any section, provision or part of this Contract shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Contract as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. This Contract and referenced Attachments express the entire Contract between the parties and no representations, promises or warranties have been made by either of the parties that are not fully expressed herein. The Consultant certifies that he is fully acquainted with the concept of the project as presently developed by the City, and that it is the intention of this Contract with the Consultant to do work necessary to bring the project to completion. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their proper officials thereunto duly authorized as of the dates indicted on the next page. to CITY OF WATERLOO, IOWA CONSULTANT Van Winkle-Jacob Engineering, Inc. BY: BY: Lc.) ,,BLED Tim Hurley Wendell Lupkes I Mayor Director DATE: - - 3 -® g' DATE: Jr- - a) - O£; ATTEST: B . c1 Nanc ckert City Clerk 11