HomeMy WebLinkAboutJDE Engineering - FY17 Wagner Rd Sanitary Sewer, Cont 899-1/23/2017(319) 464-7913 3731 Pheasant Lane Suite #201 • Waterloo, IA 50701 ,jrleeng(a 1pctel.net
January 11, 2017
F.Y. 2017 WAGNER ROAD SANITARY SEWER EXTENSION AND GRADING - CONTRACT #899
CONSTRUCTION RELATED SERVICES
PROFESSIONAL SERVICES AGREEMENT
WHEREAS, the City of Waterloo, Iowa ("City") desires to extend sanitary sewer north approximately 810 feet
north of the existing sanitary sewer lying approximately 400 feet east of Wagner Road, and to raise the ground
elevation by filling and grading, to serve a proposed light industrial subdivision in the northwest portion of
Waterloo, Iowa, and
WHEREAS, JDE Engineering, PLC ("Consultant") of Waterloo, Iowa desires to provide construction related
services related to the development of this sanitary sewer extension and grading project,
NOW THEREFORE, it is mutually agreed that this Professional Services Agreement shall consist of the following:
I. SCOPE OF SERVICES
• Assist in development of tax exemption certificates. These certificates would be delivered to the
contractor. Certificates would be developed by the Waterloo City Clerk's Office, with assistance from
IDE Engineering, and delivered to the contractor prior to the beginning of construction.
• Develop a construction notebook for organization of construction documents.
• Develop a pre -construction conference agenda and sign -in sheet.
• Conduct the pre -construction conference.
• Produce minutes of the pre -construction conference meeting and provide a copy of the minutes to
all parties in attendance.
• Conduct progress meetings every 2 weeks during the construction phase of the project. These
meetings could be conducted on-site during construction, or at a mutually agreed upon location
(City Hall, contractors office, JDE Engineering office, etc.).
• Produce minutes of Progress Meetings and provide a copy of the minutes to all parties in
attendance.
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• Obtain the contractors work schedule prior to the beginning of construction.
• Issue a Notice -to -Proceed to the contractor following the pre -construction conference and approval
of all applicable permits.
• Contact property owners directly adjacent to the project area prior to the start of construction to
inform them of the proposed work.
• Observe the proper installation of traffic control.
• Conduct daily review of traffic control condition and inform the contractor of needed maintenance.
• Document traffic control condition on a daily basis.
• Document the completion of utility locates in the area of construction prior to the beginning of
work.
• Conduct storm water related site inspections. Any erosion from construction areas will be
documented and the contractor notified to correct issues.
• Obtain photos of work areas prior to the start of construction to document existing conditions of
streets and undeveloped areas adjacent to construction.
• Complete a daily working day log related to construction activity, and mail to all parties on a weekly
basis.
• Complete weekly working day reports during construction and mail to all parties on a weekly basis.
• Print all e-mail and letter correspondence related to the contract and keep this information in the
construction notebook.
• Obtain concrete plant certifications for the plant(s) used to provide concrete for the project.
• Obtain material certifications for concrete, steel, and other materials used for the construction of
the project.
• Receive and obtain approvals for shop drawings.
• Collect delivery tickets for materials (i.e. sand, concrete, steel).
• Obtain material test results through Terracon Consultants, Inc.
• Provide construction surveys for the project through Great Plains Survey, Inc.
• Obtain photos during and after construction to document construction methods and the finished
product.
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• Measure quantities in the field.
• Develop pay estimates for review and approval by the contractor and the City.
• Process change/extra work orders (if necessary).
• Develop a Punch List of incomplete items and deliver to the contractor.
• Prepare record drawings for submittal to the City.
• Obtained lien waivers from material suppliers prior to the acceptance of work.
• Develop a letter of acceptance for submittal to the City Council upon project completion.
• Submit the final project construction notebook to the City for their records.
11. TIME OF BEGINNING AND COMPLETION
The project shall begin following approval of the City Council and execution of this agreement by the
Mayor of the City of Waterloo. Completion of construction is anticipated by June 30, 2017. Below is an
anticipated schedule for development of the project:
• Approval of the Construction Agreement December 2016
• Field Construction Begins January 2017
• Field Construction Ends June 2017
• Submittal of Record Drawings to Owner July 2017
I11. COMPENSATION
The fee for the work detailed under "Section 1. Scope of Services" is based on anticipated time -and -
materials necessary to complete the work. Surveying services will be performed under this contract by
Great Plains Survey, Inc. of La Porte City, Iowa. Material testing services will be performed under this
contract by Terracon Consultants, Inc. of Cedar Falls, Iowa. The total cost of construction related
services for this project is estimated to be $65,500. This fee is considered a maximum not -to -exceed
cost.
IV. TERMS AND CONDITIONS
The attached Terms & Conditions are considered part of this agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement as of the dates
shown below:
JDE ENGINEERING, PLC
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Jim CJ Ellis, P.E. Date
CITY OF WATERLOO, IOWA
i /1/ /17
Quentin M. Hart, Mayor 1 Date
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Standard Terms and Conditions
JDE Engineering, PLC (hereinafter referred to as ("1DE") shall perform the services outlined in this agreement for the stated fee
arrangement. Following are general items applicable to this agreement:
Standard of Care: In providing services under this Agreement, JDE shall perform in a manner consistent with that degree of care and
skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in
the same, or similar, locality. JDE makes no warranty, express or implied, as to its professional services rendered under this Agreement.
Fees: The anticipated fee for time and materials, if stated, shall be understood to be an estimate. All incurred expenses relating to the
agreed upon project shall be invoiced back to the customer at 110%. These expenses may include, but are not limited to, mileage, legal
fees, software fees, plotting and copying fees, permitting fees, and travel expenses. Mileage reimbursement shall be $ 0.60 per mile.
Where the fee arrangement is to be on an hourly basis, the rates used shall be those that prevail at the time services are rendered.
Currently rates are as follows:
Project Manager
Design Engineer
Drafting Technician
Construction Observation Technician
Special Project Coordinator
Administrative Assistant
$95 per hour
$95 per hour
$75 per hour
$75 per hour
$45 per hour
$40 per hour
Billings/Payments: Invoices for JDE's services shall be submitted at JDE's option. JDE may submit invoices either upon completion of
the services or throughout the life of the project on a monthly basis if expenses have incurred. Invoices shall be paid within 30 days of
the invoice date. If the invoices are not paid within 30 days, IDE may terminate all services, and any of its other obligations, under this
Agreement, free of any and all liability, and shall be entitled to any remedy available at law or equity. Only a JDE officer has authority to
enter into alternative payment agreements. No secondary payment agreement shall be binding upon JDE unless agreed to in writing by
a company officer.
Late Payments: Invoices that are not paid within 30 days of the invoice date may be assessed a Late Fee of 1.5% per month from the
date of invoice. The Client shall pay all costs including court costs, and reasonable attorney fees, associated with collecting any unpaid
balance.
Indemnification: To the extent allowed by applicable law, the Client shall indemnify and hold IDE harmless from, and against any and
all claims, losses, and expenses (including reasonable attorney fees) arising out of, or resulting from the performance of, the services,
provided that any such claim, damage, loss, or expense is caused in whole or in part, by the negligent act, omission, and/or strict liability
of the Client, anyone directly or indirectly employed by, or in a contractual relationship with, the Client (except JDE), or anyone for
whose acts of them may be liable, except to the extent caused by or arising from the negligent acts or omissions or willful misconduct of
JDE, its officers, employees or agents.
Dispute Resolution: Any claims or disputes between the Client and JDE arising out of the services to be provided by JDE, or out of this
Agreement, shall be submitted to non-binding mediation. The Client and IDE agree to include a similar mediation agreement with all
contractors, sub -consultants, sub -contractors, suppliers, and fabricators, providing for mediation as a primary method for dispute
resolution among all parties.
Access to Site: Unless otherwise stated, JDE will have access to the site for activities necessary for the performance of JDE's services.
Jobsite Safety: Neither the professional activities of JDE, nor the presence of IDE, or its employees and sub -consultants at the
construction/project site, shall impose any duty on JDE, nor relieve the General Contractor of its obligations, duties, and responsibilities
including, but not limited to, construction means, methods, sequence, techniques, or procedures necessary for performing,
superintending, and coordinating the Work in accordance with the Contract Documents, and any health or safety precautions required
by any regulatory agencies. JDE and its personnel have no authority to exercise any control over any construction contractor or its
employees in connection with their work, or any health or safety programs or procedures. The Client agrees that the General
Contractor shall be solely responsible for jobsite and worker safety, and warrants that this intent shall be carried out in the Client's
contract with the General Contractor.
Information Provided by Others: The Client shall furnish, at the Client's expense, all information, requirements, reports, data, surveys,
and instructions required by this Agreement. IDE may use such information, requirements, reports, data, surveys, and instructions in
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performing its services, and is entitled to rely upon the accuracy and completeness thereof. JDE shall not be held responsible for any
errors or omissions that may arise as a result of erroneous or incomplete information provided by the Client and/or the Clients
consultants and contractors, provided that JDE shall exercise reasonable diligence in its use of such information and shall promptly
notify the Client of any errors or omissions that JDE discovers.
Termination of Services: This agreement may be terminated by the Client, or JDE, should the other party materially breach this
Agreement. Nonpayment by the Client shall be a material breach of this Agreement. In the event of termination, the Client shall pay
JOE for all services rendered up to, and including, the date of termination, all project expenses for which it was reasonably necessary to
incur the expense before termination, and termination expenses (including reasonable attorney fees if termination was due to material
breach by the Client).
Ownership of Documents: Documents produced by IDE under this agreement (including data, documents, drawings, specifications,
and reports) shall become the property of the Client upon full receipt by JDE of the agreed upon compensation. The drawings and data
submitted by JDE to Client are submitted for an acceptance period of two (2) years. Any defects Client discovers during this period will
be reported to JDE and will be corrected as part of JDE's Basic Scope of Services. Correction of defects detected and reported after the
acceptance will be compensated as Additional Services. Client shall have the right to use the drawings and data for the purpose of
construction, operation, and maintenance of the designed project. Client shall make no claim against JDE, resulting in any way from an
unauthorized change or reuse of the drawings and data for any other project by anyone. In addition, Client agrees, to the fullest extent
permitted by law, to indemnify and hold JDE harmless from any damage, liability or cost incurred or suffered by the Client, including
reasonable attorney fees and costs of defense, arising from any changes made by anyone other than IDE. Under no circumstances shall
transfer of the drawings and data, and other instruments of service, on electronic media for use by Client be deemed a sale by JDE, and
JDE makes no warranties, either expressed or implied, of merchantability and fitness for any particular purpose.
On -Site Observation: On-site observation of Contractor's work is not part of JDE's work, unless explicitly a part of the Scope of Services.
If on-site observation of Contractor's work is a part of this Agreement, JDE shall make visits to the site at intervals appropriate to the
various stages of construction, as IDE deems reasonable. Site visits are for the limited purpose of becoming generally familiar with the
process and quality of the work completed, and to determine, in general, if the work is being performed in a manner, indicating that the
work when completed will be in accordance with the contract documents. However, JDE shall not be required to make exhaustive or
continuous on-site inspections to check the quality, or quantity, of the work. JDE does not guarantee or warrant the performance of
the Contractor. JDE is not responsible for instruction means, methods, techniques, sequence, procedures, time of performance, or
programs in connection with the construction work. JDE is not responsible for Contractor's failure to execute the work in accordance
with the contract documents. JDE is not responsible in any way for Contractor's, Sub -contractor's, or their agents or employees
compliance with OSHA, federal, state, or local laws or regulations. JDE is not responsible for Project oversight safety. Project and site
safety shall be the sole responsibility of the Contractor. JDE shall not have control over, be in charge of acts, or be held responsible for
omissions of the Contractor, Sub -contractor, or their agents or employees, or any other persons performing portions of the work. Given
the foregoing, Client also shall, to the fullest extent permitted by law, waive any claim against JDE, and indemnify, defend, and hold JDE
harmless from any claim or liability for injury or loss arising from JDE's alleged failure to exercise site safety responsibility.
Force Majeure: JDE shall not be responsible, or liable, for any damages or delay, including, but not limited to, those which arise from
Acts of God, strikes, walkouts, accidents, Governmental Acts, or other events beyond the reasonable control of IDE.
Applicable Laws: This Agreement shall be governed by the laws of the State of Iowa.
Time an Estimate or Quote is Considered Valid: Estimates or Quotes are valid for 45 days from date of issue, and are subject to re-
pricing after 45 days.
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