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HomeMy WebLinkAboutProfessional Services Agreement-12/12/2011E INGINFFRING is 319i-46.4-7913 402 E. 4th Street, Suite 101, Waterloo, IA 50703 jdeeng@netiusmet December 2, 2011 EXTENSION OF GERALDINE ROAD UTILIZING REVITALIZE IOWA SOUND ECONOMY (RISE) PROJECT FUNDING PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City of Waterloo, Iowa ("City") desires to extend Geraldine Road approximately 900 feet to the west to promote the continued development of the South Port Industrial Area in northwest Waterloo, Iowa, and WHEREAS, JDE Engineering, PLC ("Consultant") of Waterloo, Iowa desires to provide professional engineering services related to the development of Geraldine Road, NOW THEREFORE, it is mutually agreed that this Professional Services Agreement shall consist of the following: I. SCOPE OF SERVICES • Obtain survey information for the selected area, • Develop preliminary plan set documents using aerial photography and survey information, • Conduct a field investigation to document the location of existing features, • Obtain soil boring information in the area of the proposed roadway, • Incorporate existing feature information into plan set documents, • Design storm sewer to service the road extension area, • Develop an erosion control plan for the development, • Obtain necessary permitting from the Iowa Department of Natural Resources and Iowa Department of Transportation, • Compile a list of estimated quantities for use in bidding of the project to contractors, • Develop final plan set documents for bidding purposes, and 1 Standard Terms and Conditions JDE Engineering (hereinafter referred to as the "Firm") shall perform the services outlined in this agreement for the stated compensation noted. Following are general items applicable to this agreement: Access to Site: The Firm shall have site access to perform all services necessary in completing a project. The Firm agrees to take necessary precautions to minimize damages caused by such activities. Unless otherwise agreed, costs of restoration shall be borne by the Firm and are not included in the fee arrangement. Warranties: The Firm shall provide the best professional services in accordance with accepted standards of practice, and shall maintain high professional standards for all work performed in conjunction with the project. Other than the above, the Firm 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 expenses relating to the project agreed upon here may be invoiced back to the client. These expenses may include, but are not limited to, mileage, legal fees, software fees, plotting fees, copying fees, permitting fees, and travel expenses. During the course of the project, if time and materials expended are more than the estimated fee, the Client will be contacted with an explanation of the fee overage and provided a change order form to sign to allow work to proceed. Where the fee arrangement is to be on an hourly basis, the rates shall be those that prevail at the time services are rendered. The not -to -exceed cost shall not be expended prior to written consent of the City. Current rates are as follows: Owner / Project Engineer Drafting Technician $95 per hour $75 per hour Invoices/Payments: Invoices for the Firm's services shall be submitted, at the Firm's option, as per one of the following schedules: The Firm may submit invoices either upon completion of the services, or the Firm may submit invoices throughout the life of the project. Invoices shall be paid within 30 days of the invoice date. If the invoice is not paid within 30 days, the Firm may terminate all services free of liability. The Project Engineer/Owner will have the authority to enter into alternative payment agreements. Late Payments: Invoices that are not paid within 45 days of the invoice date may be assessed a Late Fee. The client shall pay all cost including court costs and reasonable attorney fees associated with collecting any unpaid balances. Indemnification: The Client shall indemnify and hold the Firm harmless from and against any and all claims, losses, and expenses (including reasonable attorney's 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, it's employees, or agents (except the firm). Termination of Service: Ownership of Documents: This agreement may be terminated by the Client or the Firm should the other fail to perform its obligation hereunder. In the event of termination, the Client shall pay the Firm for all services rendered to the date of termination, reimbursable expenses, and reimbursable termination expenses. All documents produced by the Firm under this agreement shall remain the property of the Client, unless otherwise stated in writing. Applicable Laws: The agreement shall be governed by the laws of the State of Iowa.