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HomeMy WebLinkAboutWayne Claassen Engineering - Contract No. 922-10/10/2016AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES Part I. PARTIES AND PROJECT THIS AGREEMENT is made on the in the year 20.16between the City of Waterloo, Iowa Day of and Wayne Cl.aassen Engineering & Surveying, Inc. the Owner , the Engineer, for the following Project: FY2017 Hammond Avenue Bridge Replacement over Sink Creek, Contract No. 922 The Owner and the Engineer agree as follows: Page 1 of 9 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: A. In accordance with the Terns 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 Article 1. A lump sum amount of $ 19 000.00 A. 2 Additional Services A.2.1 The following rates shall be used for all additional services requested by the Owner and provided by the ENGINEER on this project: Category Hourly Rate 1. Principle/Engineer I $124.00 2. Engineer II $ 98.00 3. Land Surveyor $ 98.00 4. CADD $ 92.00 5. 2 person Survey Crew $165.00 6. Civil Tech I $ 92.00 A.1.2. Cost of Services of other professional consultants at a multiple of One (1.0) times the amount billed to the ENGINEER by the professional consultants for such services. A.2 Initial Payment -Execution of this Agreement shall be accompanied by an initial payment by the OWNER of None dollars ($0.00) which shall be credited to the OWNER's account. A.3 Reimbursable Expenses -As defined in Article 4, times a multiplier of One - (1.0). Page 2 of 9 Part III. TERMS AND CONDITIONS Article 1. ENGINEER'S SERVICES 1.1 Basic Services -The Engineer agrees to perform professional Civil Engineering and surveying services in connection with the Project, as set forth below and contained within this Agreement: 1.1.2 Schematic Design Phase The intent of this phase is to determine the necessary size for a reinforced concrete box culvert (RCB C) to replace the existing bridge and to develop schematic plans for the RCBC and necessary roadway improvements to accommodate this RCBC. During the Schematic Design Phase the ENGINEER shall: 1.1.2.1 Consult with the OWNER to ascertain the OWNER'S requirements for the Project. 1.1.2.2 Complete a topographic survey of the area around the existing Hammond Avenue bridge over Sink Creek and a centerline profile of Hammond Avenue from E. Orange Road to approximately 0.25 mile south of this existing bridge. 1.1.2.3 Advise the OWNER as to the necessity of his obtaining additional services such as described within Article 1, paragraph 1.2 "Additional Services" and if authorized by the OWNER, shall provide, or assist him in procuring such additional services. 1.1.2.4 Prepare a preliminary engineering study and report, which will consist of schematic design documents and reports of studies as necessary for review and approval by the OWNER. 1.1.2.5 Prepare a "Situation Plan" for the selected RCBC design, a Preliminary Plan and Profile for necessary improvements to Hammond Avenue and a right-of-way needs analysis for necessary right-of-way acquisitions. 1.1.2.6 Prepare a statement of the ENGINEER's Opinion of the Construction Cost based upon the preliminary designs developed under this Phase. 1.1.2.7 Furnish three copies of the Schematic Design Documents for the OWNER's review and approval. 1.2 Additional Services If authorized in writing by the OWNER, the ENGINEER agrees to furnish or obtain from others, additional professional services in connection with the Project. Page 3 of 9 Article 2. OWNER'S RESPONSIBILITIES The OWNER shall: 2.1 Provide to the ENGINEER all criteria, design and con- struction standards and full information as to the OWNER's requirements for the Project. 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. 3 Furnish to the ENGINEER a corn oject site which shall inc service ; 'ties locatio easements, righ pavements, ad g prope deed res - .ns, existing buildings, im to d survey of not be limited to depths and invert grades, ours, grades, streets, alleys, hments, zoning and ree 2.4 Furnish soils data including but not limited to reports, test borings, test pits, probings, subsurface exploration, soil bearing values, percolation tests, ground corrosion and resist- ivity tests, all with appropriate professional interpretation. 2.5 Furnish laboratory tests, air and water pollution tests, reports and inspections of samples, materials or other items required by law or by governmental authorities having juris- diction over this Project. 2,6 Provide legal, accounting, and insurance counseling services necessary for the Project, legal review of the Construction Contract Documents, and such auditing services as the OWNER may require to account for expenditures of sums paid to the Contractor. • 2.7 Furnish permits and approvals from all governmental authorities having jurisdiction over this Project and from others as may be necessary for completion of the Project. 2.8 Furnish above services at the OWNER's expense and in such manner that the ENGINEER may rely upon them in the performance of his services under this Agreement. 2.9 Obtain bids or proposals from contractors for work relating to this Project and bear all costs relating thereto. 2.10 Protect and preserve all survey stakes and markers placed at the Project site prior to the assumption of this responsibility by the Contractor and bear all costs of replacing stakes or markers damaged or removed during said time interval. 2.11 Guarantee full and free access for the ENGINEER to enter upon all property required for the performance of the ENGINEER's services under this Agreement. 2.12 Give prompt written notice to the ENGINEER when- ever the OWNER observes or otherwise becomes aware of any defect in the Project or other event which may substantially affect the ENGINEER's performance of services under this Agreement, 2.13 Compensate the ENGINEER for services rendered under this Agreement. ticle 3 DIRECT PERSONNEL EXPENSE Di t Personnel Expense is defined as the dir "abor costs incur by the ENGINEER directly at t -` table to the Project i he payment of the actual salar' and wages to the employees the ENGINEER, but including indirect payroll connec costs and other nJ roject related costs. Article 4 REIMBURSABLE EXPENSES 4.1 Reimbursable Expenses are in addition to compensation to the ENGINEER for Basic and Additional Services and include expenditures made by the ENGINEER, his employees or his consultants in the interest of the Project. Reimbursable Expenses include but are not limited to: 4.1.1 Expense of transportation, subsistence and lodging when traveling in connection with the Project. 4.1.2 Expense of long distance or toll telephone calls, tele- grams, messenger service, field office expenses, and fees paid for securing approval of authorities having jurisdiction over the Project. 4.1.3 Expense of all reproduction, postage and handling of Drawings, Specifications, reports or other Project -related work product of the ENGINEER. 4.1.4 Expense of computer time including charges for proprietary programs. 4.1.5 When authorized in advance by the OWNER, expense of overtime work requiring higher than normal rates, and expense of preparing perspectives, renderings or models. Article 5 PAYMENTS TO THE ENGINEER 5.1 Progress payments shall be made in proportion to services rendered and as indicated within this Agreement and shall be due and owing within thirty days of the ENGINEER's submittal of his monthly statement. Past due amounts owed shall include a charge at the maximum legal rate of interest from the thirtieth day. 5.2 If the OWNER fails to make monthly payments due the ENGINEER, the ENGINEER may, after giving seven days written notice to OWNER, suspend services under this Agree- ment. 5.3 No deductions shall be made from the ENGINEER's compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors. 5.4 If the Project is delayed or if the ENGINEER's services for the Project are delayed or suspended for more than three months for reasons beyond the ENGINEER's control, the ENGINEER may, after giving seven days written notice to the OWNER, terminate this Agreement and the OWNER shall compensate the ENGINEER in accordance with the termina- tion provision contained hereafter in this Agreement. 4 9 Page of Article 6 GENERAL PROVISIONS 6.1 Ownership of Documents All Drawings, Specifications and other work product of the ENGINEER for this Project are instruments of service for this Project only and 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 OWNER on extensions of this Project or on any other project without the written permission of the ENGINEER shall be at the OWNER's risk and the OWNER agrees to defend, indem- nify and hold harmless the ENGINEER from all claims, damages, and expenses including attorneys' fees arising out of such unauthorized reuse of the ENGINEER's instruments of service by the OWNER OR BY OTHERS ACTING THROUGH THE OWNER. 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 amounts to be agreed upon by the OWNER and the ENGINEER. 6.2 Delegation of Duties Neither the OWNER nor the ENGINEER shall delegate his duties under this Agreement without the written consent of the other. 6.3 Termination This Agreement may be terminated by either party by seven days written notice in the event of substantial failure to per- form in accordance with the terms of this Agreement by the other party through no fault of the terminating party. If this Agreement is terminated, the ENGINEER shall be paid for services performed to the termination notice date including Reimbursable Expenses due plus Termination Expenses. Termination Expenses are defined as Reimbursable Expenses directly attributable to termination, plus 15% of the total compensation earned to the time of termination to account for ENGINEER's rescheduling adjustments, reassignment of personnel and related costs incurred due to termination. 6.4 Extent of Agreement This Agreement represents the entire and integrated agree- ment between the OWNER and the ENGINEER and super - cedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the OWNER and the ENGINEER. 6.5 Governing Law Unless otherwise specified within this Agreement, this Agree- ment shall be governed by the law of the principal place of business of the ENGINEER. 6.6 General 6.6.1 Should litigation or arbitration occur between the two parties relating to the provisions of this Agreement, all liti- gation or arbitration expenses, collection expenses, witness fees, court costs and attorneys fees incurred by the prevailing party shall be paid by the non -prevailing party to the pre- vailing party. 6.6.2 Neither party shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's employees and agents. 6.6.3 In the event any provisions of this Agreement shall be held to be invalid and unenforceable, the remaining provis- ions 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. 6.6.4 The ENGINEER has not been retained or compen- sated to provide design and construction review services relating to the Contractor's safety precautions or to means, methods, techniques, sequences, or procedures required for the Contractor to perform his work but not relating to the final or completed structure; omitted services include but are not limited to shoring, scaffolding, underpinning, temporary retainment of excavations and any erection methods and temporary bracing. 6.6.5 The ENGINEER intends to render his services under this Agreement in accordance with generally accepted profes- sional practices for the intended use of the Project and makes no warranty either express or implied. 6.6.6 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 OWNER. 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 OWNER. Page ___5_of 9 Article7. 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 be 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 $ 250,000.00 for all damages arising out of bodily injury, sickness or death of one person and an aggregate of $ 1,000,000.00 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 $ 250.000.00 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 6 of 9 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 7 of 9 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 8 This Agreement executed the day and year written at the beginning of the Agreement. OWNER: ENGINEER: Wa ne Cls..: sen En • i eerg & Surveying, Inc.. By: uentin Hart, Mayor of W terloo ATTEST BY: l , City Clerk William J. C assen, President T];EST BY: Denise DeLeon, Secretary Page 9 of 9 '�