PROFESSIONAL SERVICES
AGREEMENT
NORTHWEST WATER AND SEWER EXTENSION, 2007
ATLANTIC, IOWA
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I.
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NAME OF PARTIES OF THE
AGREEMENT
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This Agreement,
made and entered into this 28 TH day of December, 2006, by and between the
CASSCO Amaizing Energy, LLC, hereinafter called
“OWNER” and Snyder Associates, Inc., 1800 West 22nd
Street, Suite 200, Atlantic, Iowa, a corporation,
hereinafter called “ENGINEER” as follows:
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II.
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NAME OF PROFFESSIONAL
SERVICE
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The OWNER shall
retain the ENGINEER to complete Professional Services for the
preparation of preliminary concepts and design, final design of
construction plans and specifications, contract documents,
right-of-way and easement acquisitions, bid letting and
construction services to include staking, observation and
administration, for work described as the Northwest Sewer and Water
Extension, including installation of water mains, sanitary sewer
mains, and necessary appurtenances thereto from an industrial
development site located in northwest Atlantic to the existing
municipal system, hereinafter called the
“PROJECT.”
The ENGINEER
shall provide Professional Services as required to complete the
preparation and assembly of the PROJECT as named in Article II
and as described hereinafter as follows:
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1.
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The
PROJECT will be divided into Right-of-Way (ROW) Services,
Basic (design) Services, Bid Services and Construction
Services:
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2.
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The
ENGINEER will assist the OWNER in obtaining geotechnical
information and will complete acquisition plats, design, plans and
specifications, construction documents, bid letting, construction
staking, administration and observation, and final project
acceptance for the proposed PROJECT.
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Upon award of
this contract, the ENGINEER will provide Right-of-Way Services as
follows:
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1.
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Determine ROW needs for the project
route.
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2.
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Prepare plats.
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C.
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BASIC ENGINEERING
SERVICES
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The ENGINEER
will provide the Basic Engineering Services as follows. Payment
shall be made as specified in Article VI of this
Agreement.
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1.
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PROJECT ADMINISTRATION
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The ENGINEER
shall perform the following administrative services during the
design of the PROJECT:
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a.
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Progress reports as requested to the
OWNER.
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b.
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Monthly billing reports.
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c.
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Project coordination for engineering
and coordination with the OWNER, land owners, and utility
companies.
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d.
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Project design review.
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e.
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Miscellaneous meetings to review
progress, and attend informal meetings, Board meetings and Public
Hearings.
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The ENGINEER
will perform field surveys as necessary to provide sufficient
information for the design of the proposed improvements.
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3.
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PRELIMINARY DESIGN PHASE
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The ENGINEER
will prepare preliminary design drawings and review said drawings
with the OWNER for the following improvements:
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a.
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Provide preliminary water and sewer
layout,
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b.
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Provide quantities for selected
alternative.
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a.
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The
ENGINEER shall prepare construction documents for the PROJECT. The
plans shall include, but not be limited to, the following
information:
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Extension of existing water
main
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Connection to existing
system
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8” PVC water main, valves,
fittings, bends, etc
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Fire hydrants
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Bore and encasement beneath roadways
and railroads
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Service Connections, curb stop,
etc.
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Extension of existing sanitary sewer
main:
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Connection to existing
system
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10” PVC sewer main, fittings,
etc.
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Manholes
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Bore and encasement beneath roadways
and railroads
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Service Connections
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Profile of sewer main and existing
ground
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The design
shall be the responsibility of the ENGINEER. During this
process, the
ENGINEER shall prepare and apply for any necessary permits that
might be required for the construction of the PROJECT.
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b.
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Soils Investigation and Materials
Testing — Should it be determined necessary, the ENGINEER
shall utilize the services of private testing laboratories for
soils investigation for the PROJECT. The proposal for these
services shall be approved by the OWNER prior to authorization to
proceed. The OWNER shall be responsible for payment for those
services directly to the testing laboratory.
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c.
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Probable Costs — The ENGINEER
shall prepare a statement of the total probable cost for the
PROJECT based upon the design developed. Statements of probable
construction costs prepared by the ENGINEER represent the best
judgment as a design professional familiar with the construction
industry. It is recognized, however, that the ENGINEER has no
control over the cost of labor, materials or equipment, over the
Contractor’s methods of determining bid prices, or over
competitive bidding or market conditions. Accordingly, the ENGINEER
does not guarantee that any actual cost will not vary from any cost
estimate prepared by the ENGINEER.
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Upon receipt of
OWNER authorization under the Final Design Phase as described
herein, the ENGINEER shall perform the following
services:
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a.
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Construction Contract Documents
— The PROJECT will be let by the OWNER and the ENGINEER shall
supply the necessary documents for this process.
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b.
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Advertising — The ENGINEER
shall answer questions from potential contractors, subcontractor
and suppliers, and coordinate with OWNER staff during this phase of
services.
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c.
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Bidding — The ENGINEER shall
attend the meeting at which bids are received, tabulate the bids
and make recommendations to the OWNER regarding the awarding of the
construction contract to the lowest qualified bidder.
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1.
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CONSTRUCTION ADMINISTRATION
PHASE
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Upon award of
the construction contracts, the ENGINEER shall perform the
following administrative services during construction of the
PROJECT:
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a.
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During the construction phases, the
ENGINEER shall specify the testing of materials and administrative
procedures to be as directed by the ENGINEER.
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b.
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Preconstruction Conference —
The ENGINEER shall arrange and conduct a preconstruction conference
with the Contractor and OWNER to review the contract requirements,
details of construction, utility conflicts and work schedule prior
to construction.
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c.
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Site Observation — The
ENGINEER shall visit the construction site, at such times and with
such frequency deemed necessary by the ENGINEER, to (a)
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observe the
progress and (b) determine if the results of the construction
work substantially conforms to the drawings and specifications in
the Construction Documents. Site Observation does not include
observation or administration of the Storm Water Pollution Prevent
Plan (SWPPP) which is the sole responsibility of OWNER (See
Article III. G. 2., herein).
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d.
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Contractor Payment Requests —
The ENGINEER shall review the requests of the contractor for
progress payments and shall approve a request, based upon site
observations, which authorizes payments and is a declaration that
the contractor’s work has progressed to the point
indicated.
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e.
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Notification of Nonconformance
— The ENGINEER shall notify the OWNER of any observed work,
which does not conform to the construction contract, make
recommendations to the OWNER for the correction of nonconforming
work and, at the request of the OWNER, see that these
recommendations are implemented by the contractor.
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f.
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Shop Drawings — The ENGINEER
shall review shop drawings and other submissions of the Contractor
for general compliance with the construction contract.
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g.
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Change Orders — The ENGINEER
shall prepare change orders for approval of the OWNER.
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h.
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Substantially Complete and Final
Site Observation — The ENGINEER shall perform a site
observation to determine if the PROJECT is substantially complete
according to the plans and specifications and make recommendation
on final payment for each construction phase.
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i.
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During the Construction Services
Phase, the ENGINEER shall confer with the OWNER’S Project
Officer to report PROJECT status.
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j.
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If
the Contractor exceeds the estimated working and/or calendar days
in completing construction of the PROJECT, or if change orders or
PROJECT additions require additional working days, the ENGINEER
will be compensated for administration, inspecting and staking
services based on established hourly rates and fixed expenses
outlined in the Engineer’s Standard Fee Schedule (Attachment
A).
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k.
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Final Acceptance — It is
understood that the OWNER will accept any portion of the PROJECT
only after recommendation by the ENGINEER. Final acceptance of the
PROJECT by the OWNER shall not be deemed to release the Contractor
from responsibility for insuring that the work is done in a good
and workmanlike manner, free of defects in materials and
workmanship nor the ENGINEER for his liability of
design.
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The ENGINEER
shall be responsible for providing all construction stakes for the
PROJECT. The construction documents will contain a provision that
the ENGINEER will provide one set of stakes for each construction
operation. Any staking that is destroyed due to construction that
has to be replaced, will be at the Contractor’s
expense.
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3.
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CONSTRUCTION OBSERVATION
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The ENGINEER
will provide one or more Resident Engineer or Resident Construction
Observer for the PROJECT as required during the Construction
Phases. If the Contractor requests a waiver of any provisions of
the plans and specifications, the ENGINEER will make a
recommendation on the request to the OWNER for their determination.
No waiver shall be granted if such waiver would serve to reduce the
quality of the final product. The OWNER shall never be deemed to
have authorized the ENGINEER to consent to the use of defective
workmanship or materials. The Resident Engineer or Construction
Observer will give guidance to the PROJECT during the construction
periods, including the following:
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a.
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Setting and/or checking of lines and
grades required during construction.
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b.
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Observation of the work for general
compliance with plans and specifications. Observation does not
include observation or administration of the Storm Water Pollution
Prevent Plan (SWPPP), if any is required for the site, which is the
sole responsibility
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