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HomeMy WebLinkAboutWayne Claassen Eng - PSA - FY14 Orange Sch Sanitary Sewer Ex-12/16/2013CITY OF WATERLOO Council Communication City Council Meeting: December 16, 2013 Prepared: December 9, 2013 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: PROFESSIONAL SERVICE AGREEMENT FOR CONS 1 RUCTION RELA 1 ED SERVICES F.Y. 2014 ORANGE SCHOOL SANITARY SEWER EXTENSION CITY CONTRACT NO. 816 Submitted by: amie Knutson P.E. Associate En'ineer Recommended City Council Action: Staff has reviewed this agreement and recommends Council approve this document and authorizes Mayor to sign and enter into said agreement. Summary Statement Transmitted herewith is the Professional Services Agreement with Wayne Claassen Engineering and Surveying, Inc., for professional services in connection with the F.Y. 2014 Orange School Sanitary Sewer Extension, Contract No. 816. This project consists of a sanitary trunk sewer to extend service from the exising 18" dia. sewer on the east side of Hammond Ave. to the Orange Elementary School area for future development. This agreement is available in the City Clerk's office if you wish to review it in its entirety. Expenditure Required The cost for the services is forty thousand dollars ($40,000.00), and shall not be exceeded without authorization of the City. Source of Funds Sewer Bonds Policy Issue N/A Alternative N/A Background Information SUPPLEMENTAL No . 1 AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES Part I. PARTIES AND PROJECT THIS AGREEMENT is made on the in the year 20.,13 between The City of Waterloo, Iowa Day of OS and Wayne Cl.aassen Engineering & Surveying, Inc. the Owner , the Engineer, for the following Project: F.Y. 2014 Orange School Sanitary Sewer Extension, Contract No. 816 Construction Engineering Services The Owner and the Engineer agree as follows: Page 1 of 12 ACEC Owner -Engineer Agreement Document No. 4 © THE AMERICAN CONSULTING ENGINEERS COUNCIL 1155 15th- Street, N.W., Washington, D.C. 20005 rain. CHARGES: MULTIPLE OF DIRECT PERSONNEL EXPENSE A. In accordance with the Terms and Conditions of this Agreement, the ENGINEER shall provide pioressional services for which the OWNER shall compensate the ENGINEER as follovis: A.I Basic Services—As defined in Paragraph 1.1 and Additional Services, as defined in Paragraph 1.2, as follows: A.1.1 Principals' time at the rate of Forty dollars ($ 40.00 ) per hour times a multiple of 3.00 •this Agreement, the Principals are identified as: William J. Claassen ). For the pbrposes of A.1.2 Employees' time (other than Principals') at a multiple of - (3 00) times the employees' Direct Personnel Expense as defined in Article 3. A.1.3 Cost of services of other professional consultants at a multiple of 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 b.00 dollars ($ ) which shall be credited ( 1.0 ) to the OWNER's account. A.3 Reimbursable Expenses—As defined in Article 4, times a multiplier of ( A,4 The Maximum Amount Payable on this Supplemental Agreement without prior .-written appxoval is $40,000,00. Page 2 of 12 Part III. TERMS AND CONDI'TIONS Article 1. ENGINEER'S 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 project consists of a sanitary trunk sewer to extend service from the existing 18" dia. Sewer on the east side of Hammond Avenue to the Orange Elementary School area for future development, as shown in the Construction Plans designed by Wayne Claassen Engineering and Surveying, Inc., entitled "F.Y. 2014 Orange School Sanitary Extension, City of Waterloo Contract No. 816. The scope of this Agreement shall include the tasks included in sections 1.1.6 Construction Phase and 7.3 Resident Construction Review Services of this Agreement and the tasks described in the following during the Construction of this Project. Task 1. Project Administration and Meetings. This task includes coordination of the Project with the City, Contractor, and property owners, and progress meetings during the Construction Phase as necessary to discuss the Project. Task 2. Construction Survey. This task consists of all construction staking required for the Contractor to construct the Project. Task 6. Project Closeout. This task consists of record keeping, meetings, correspondence and review with City personnel as necessary to closeout the Project with the Contractor and City. Page _3_ of _12_ Part BL:TERMS AND :CONDITIONS ------..-.-_ Article 1. ENGINEER'S SERVICES 1 Basic Services e ENGINEER agrees to perform professional services co ection with the Project, including normal civil, sir tur , mechanical and electrical services and normal arch tura ervices related thereto, as set forth below and cont ned withi •this Agreement: 1.1.2 thematic Design Phase. During e Schematic Design Phase the ENGINEER :hall: 1.1.2.1 (insult with the OWNER to asce;ain the OWNER's equirements for the Project. 1,1.2.2 A ise the OWNER as to the necessitl of his ob- taining addit nal services such as described wi in Article I, paragraph 1. "Additional Services" and if authorized by the OWNER, all provide, or assist him in 4.rocuring such additional servi gs. 1.1.2.3 Prepare preliminary engineering;, Ludy and report, which will consist f schematic design doc ` ents and reports of studies as neces ary for review and %itten approval by the OWNER. 1.1.2.4 Prepare a s&tement of the EGINEER's Opinion of the Construction Cost basedupong e preliminary designs developed under this Phase. 1.1.2.5 Furnish =copies of the Schematic Design Documents for th OWNElJs review and approval. • 1.1.3 Design Developmen Upon receipt of the OWNS sSZritten authorization to pro- ceed with the Design Develent Phase, the ENGINEER shall: 1.1.3.1 Advise the OWNS ak to the necessity of his ob- taining further additional s rvics and if authorized by the OWNER, shall provide, or'assist Isim in procuring such ser- vices. 1.1.3.2 Prepare from the appro bd Schematic Design Studies, for approval the OWNS the Design Develop- ment Documents con ting of design criteria, drawings and outline specifications to develop and establish the scope of the Project. g . 1.1.3.3 Prepare statement of the ENGJNEER's Opinion of the Constructi4 Cost for the Project b'a'sed upon designs established to thilpoint. 1.1.3.4 Furni copies oheDesign De- velopment Documents for the OWNERreview and approval. 1.1.4. Construction Contract Documents Phase Upon rete• t of the OWNER's written authorizatin to pro- ceed with the Construction Contract Documents Piase, the ENGIN ER shall: 1.1.4.1 Prepare the required Contract forms includt pro- • posat - orms and notice to bidders, drawings, to nicai . specif ations and other documents as required to co fete the nstruction Contract Documents. 1.1 .2 Furnish to the OWNER engineering data and doe_ m is so that the OWNER may secure approval g ernmental authorities having jurisdiction over oject. , • Page 4 _o f :4-3 -Advise tie OWNER-ofanymdjustments to ptevio EER's Opinion of the Construction - Cost chang requirements, general market conditions condition warrant. 1.1.4.4 At t OWNER's request, assis legal couniel in a vection with tion Contract Docum 1.1.4.5 Furnish Contract Documents for 1.1.5 Bidding or Negotia ' g Ph si OWNER's h his revte f the Construc- ts for their legal! related aspects. e®W r ies of the Construction R's review and approval. Upon receipt of the OER's written proval of the Con- struction Contract ,p'ocuments Phase an atest Opinion of the Constructiojfost, and written authoriza 'on to proceed with the Bidttng or Negotiating Phase, the NGINEER shall: 1.1.5. Assist the OWNER in obtaining bids or nego ins bi roposals, in analyzing bids and proposals, and arding the Construction Contract. 1.1.6 Construction Phase Upon award of any Construction Contract based upon the Construction Contract Documents compiled by the ENGI- NEER, the Construction Phase of this Agreement shall corn- . mence and the ENGINEER shall: 1.1.6.1 Act as the OWNER's representative with duties and responsibilities and limitations of authority as described in the General Conditions to .the Construction Contract. The OWNER shall not modify the Construction Contract Documents without the written consent of the ENGINEER. 1.1.6.2 Advise and consult with the OWNER during the Construction Phase and the ENGINEER shall issue- the OWNER's authorized instructions to the Contractor. 1.1.6.3 Make periodic visits to the site of the construction to observe the progress and quality of the construction work and to determine, in general, if the results of the construction work are in accordance with the Drawings and the Specifica- tions. • On the basis of his on-site observations as an ENGINEER, he shall endeavor to guard the OWNER against apparent defects and deficiencies in the permanent work constructed by the Contractor but does not guarantee the performance of the Contractor. The ENGINEER shall not be required to make exhaustive or continuous on-site ob- servations to check the quality or quantity of the construc- tion work. The ENGINEER is not responsible for construc- tion means, methods, techniques, sequences or procedures, time of performance, programs, or for any safety precau- tions 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 Con- tract. 1.1.6.4 Review the Contractor's request for progressive payment, and based upon said on-site observation, advise the OWNER as to the ENGINEER's opinion of.the, extent of the work completed in accordance with the terms of the Construc- tion Contract as of the date of 'the Contractor's payment request and issue, for processing by 'the OWNER, a Certifi- cate for Payment in the amount. owed the Contractor. The issuance of Certificates for Payment shall constitute a declar- ation by. the ENGINEER to the OWNER, based upon said onsite observations, •review and data accompanying the request for payment, that the Contractor.'s work has pro- -12 ro-12 - gressed. to the_paint_jndicated;_that_to-the:best:of.the. ENG!-::.. NEER's knowledge, information and belief, the quality of the Contractor's work is in accordance with the Construction • Contract Documents -(subject to subsequent tests and review required by the Construction Contract Documents, to correc- tion of minor deviations from the Construction Contract Documents and to qualifications stated in the Certificate for Payment); and that the Contractor is entitled to the amount stated. The issuing of the Certificate for Payment by the ENGINEER shall not represent that he has made any investi- gation to determine the uses made by the Contractor of sums paid to the Contractor. 1.1.6.5 Make recommendations to the OWNER on all claims relating to the execution and progress of the construc- tion work. The ENGINEER'S decisions in matters relating to the ENGINEER'S design shall be final. 1.1.6.6 Notify the OWNER of permanent work which does not conform to the result required in the Construction Contract, prepare a written report describing any apparent non -conforming permanent work and make recommenda- tions to the OWNER for its correction and, at the request of the OWNER, have recommendations implemented by the - Contractor. 1.1.6.7 Review shop drawings, samples, and other submit- tals of the Contractor only for general conformance to the design concept of the Project and for general compliance with the Construction Contract. 1.1.6.8 Prepare Change Orders for the OWNER's approval. 1.1.6.9 Conduct a construction progress review related to the Contractor's date of completion; receive written guarantees and related. data assembled by the Contractor; and issue to the OWNER a Certificate of Final Payment. 1.1.6.10 The ENGINEER shall not be responsible for the defects or omissions in the work result of the Contractors, or any Subcontractors, or any of the Contractor's or Subcon- tractor's employees, or that of any other persons or entities responsible for performing any of the work result as con- tained in the Construction Contract. 1.2 Additional Services If authorized in writing by the OWNER, the ENGINEER agrees to furnish or obtain from others, additional profes sional services in connection with the Project, as set forth below and contained within this Agreement: -1.2.1 Preparation of applications and supporting docu ments for govenment grants, loans or advances. 1; 2.2 Making drawings from field measurements of existing construction when required for planning additions or altera- tions thereto. 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 OWNER, or when such revisions are due to causes beyond the control of the ENGINEER. 1.2.5 Preparation of design documents for alternate bids or for out -of -sequence work requested by the OWNER. 1.2.6 Preparation of detailed renderings, exhibits or scale models for the Project. t1:27- "Prodiding speciahanalystrtof 4 -he OWNERS -needs such as owning and operating analysis, OWNER's operating and maintenance manuals, OWNER's special operating draw- ings or charts, and any other similar analysis. 1.2.8 Providing planning surveys, site evaluations and com- parative studies of prospective sites. 1.2.9 Providing any type of field surveys for design pur- poses, "stake out" of the Ideation of the work, and any other special field surveys. 1.2.10 Furnishing additional copies of reports and addi- tional prints of Drawings and Specifications in excess of those stipulated in the Agreement. 1.2.11 Investigations involving detailed consideration of operations, maintenance and overhead expenses; the prepara- tion of rate schedules, earnings and expense statements, feasi- bility studies, appraisals- and valuations; detailed quantity surveys of material and labor; and material audits or inven- tories required by the OWNER. 1.2.12 Additional services when the Project involves more than one Construction Contract, or separate equipment contracts. 1.2.13 Preparing special Change Orders when requested by the OWNER which are not within the scope of Article 1, "ENGINEER'S SERVICES," paragraph 1.1.6.8. 1.2.14 Making a review of the Project prior to expiration of the guarantee period and reporting observed discrepancies under guarantees provided by the Construction Contract. 1.2.15 Preparing a set of reproducible record drawings conforming to construction records provided to the ENGINEER, made by the Contractor during the construction process. . - 1.2.16 Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) defective or incomplete work of the Contractor, (3) prolongation of the initial Construction Contract time beyond the contract time, (4) acceleration of the work schedule involving services beyond established office working hours, and (5) the Contractor's default under Construction Contract due to delinquency or insolvency. 1.2.17 Providing assistance in the initialstart-up, testing, adjusting or balancing, or operation of equipment or systems, or training personnel for operation or maintenance of equip- ment or system. 1.2.18 Providing design services relating to future facilities, systems and equipment which are not intended to be con- • strutted or operated as a part of the Project. 1.2.19 Providing services as an expert witness for the OWNER in connection with litigation or other proceedings involving the Project. 1.2.20 Providing other services not otherwise provided for in this Agreement, including services normally furnished by the OWNER as described in Article 2, "OWNER'S RESPON- SIBILITIES." 1.2.21 Providing Resident Project Representative services to give the OWNER more extensive on-site representation during the Construction Phase. . Page 5 of 12 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. 2.3 Furnish to the ENGINEER a complete land survey of the Project site which shall include 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 locations. 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 auditingservices 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 chis 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. .Page Arlicle3._DIRECT PERSONNEL EXPENSE Direct Personnel Expense is defined as the direct labor costs incurred by the ENGINEER directly attributable to the Project by the payment of the actual salaries and wages to the employees of the ENGINEER, but not including indirect payroll connected costs and other non -Project 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 loll 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 niay, 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. • of 12 .Article6GENERALPROVISIONS 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 153/4 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. 7 12 Page _.of 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 S 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 Iwo 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 Thal may be due to the sole negligence of the OWNER, the ENGINEER, their consultants or their officers, agents and employees. - - Page 8 of 12 7.3Resident-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 servicesbegin 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 9 of 12 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 11 f 12 EXHIBIT "A" This Exhibit is attached to and made a part of the Agreement between the OWNER, and the ENGINEER, dated the City of Waterloo, Iowa Wayne Claassen Engineering and Surveying, Inc. ce,c.o,,.A ice 2013 , for the Project known as F.Y. 2014 Oran e School, Sanitary Sewer Extension, Contract No. 816. LIMITATIONS OF AUTHORITY, DUTIES AND RESPONSIBILITIES OF THE RESIDENT PROJECT REPRESENTATIVE I. The Resident Project Representative shall act under the direct supervision of the ENGINEER, shall be the ENGINEER's agent in all matters relating to on-site construction review of the Contractor's work, shall communicate only with the ENGINEER and the Contractor (or Contractors), and shall communicate with subcontractors only through the Contractor or his authorized superintendent. The OWNER shall communicate with the Resident Project Representative only though the ENGINEER. 2. The Resident Project Representative shall review and observe on-site construction activities of the Contractor relating to portions of the Project- designed and specified by the ENGINEER as contained in the Construction Contract Documents. 3, Specifically omitted from the Resident Project Representative's duties are any review of the Contractor's safety precautions, or the means, methods, sequences, or procedures required for the Contractor to perform the work but not relating to the final or completed Project. Omitted design or review services include but are not limited to shoring, scaffolding, underpinning, temporary retainment of excavations and any erection methods and temporary bracing. 4. The specific duties and responsibilities of the Resident Project Representative are enumerated as follows: a• Review Contractor's general compliance with Project Contract Documents. b. Keep records of soil and sewer construction testing results. c. Prepare monthly pay estimates for work performed by the Contractor. d. Closeout the Project with the City and the. Contractor. Page 11 of 12 This Agreement executed the day and year written at the beginning of the Agreement. OWNER: City of Waterloo, Iowa By : C Bdak Clark, Mayor ATTEST BY: uzy S hares, City Clerk ENGINEER: Wayne Claa sen Eng nee ing & Surveying, Inc, By: (4-4 G/ William J. assen, President ATT)T BY:, a Denise DeLeon Page 12,1412