HomeMy WebLinkAboutJDE Engineering-6/1/2015J OE
ENGINEERING
(319) 464-7913 3731 Pheasant Lane Suite #201 • Waterloo, IA 50701 jdeeng41pctel.net
March 16, 2015
WAGNER ROAD DEVELOPMENT
PRELIMINARY PLAT, FINAL PLAT, SOIL INVESTIGATION
AND DESIGN OF SANITARY SEWER EXTENSION
PROFESSIONAL SERVICES AGREEMENT
WHEREAS, the City of Waterloo, Iowa ("City") desires to plat and extend sanitary sewer service to property
recently acquired along the east side of Wagner Road in in the northwest portion of Waterloo, Iowa, and
WHEREAS, JDE Engineering, PLC ("Consultant") of Waterloo, Iowa desires to provide design services related to
the development of the above referenced property,
NOW THEREFORE, it is mutually agreed that this Professional Services Agreement shall consist of the following:
SCOPE OF SERVICES
• Obtain survey information for the selected area,
• Develop a preliminary plat for the proposed Tight industrial development,
• Develop a final plat for the proposed Tight industrial development area,
• Assist the City in the rezoning of the land to M-1 Light Industrial,
• Obtain soil boring information for the site,
• Conduct a field investigation to document the location of existing features,
• Incorporate existing feature information into preliminary and final plat documentation,
• Incorporate existing and proposed utility information into the plat documents,
• Develop the design for the proposed sanitary sewer extension,
• Develop grading plans for realignment of drainage through the area to No Name Creek,
• Develop documentation to submit to FEMA regarding a Letter of Map Amendment for the area to
facilitate a revision of FEMA flood mapping in the area,
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• Obtain necessary permitting from the Iowa Department of Natural Resources related to sanitary
sewer main extension and National Pollutant Discharge Elimination System (NPDES) storm water
program,
• Compile a listing of estimated quantities for use in bidding of the project to contractors, and
• Develop final plan set and specification documents for bidding of the project to contractors.
II. TIME OF BEGINNING AND COMPLETION
The project shall begin following approval of the agreement by the City Council of the City of Waterloo,
and execution of this agreement by the Mayor. Completion of design services is anticipated by the end
of June of 2015. Below is an anticipated schedule for development of the project:
• Approval of the Design Agreement March 2015
• Obtain Survey Information April 2015
• Preliminary Plan and Specifications Submittal May 2015
• Final Plan and Specification Submittal June 2015
III. COMPENSATION
The fee for the work detailed under "Section I. 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. Soil boring information will be obtained under this
contract by Terracon Consultants, Inc. of Cedar Falls, Iowa. The total cost of the development of
preliminary plat, final plat, obtaining of soil boring information, and design of the sanitary sewer
extension is estimated to be $39,500. This fee is considered a maximum not -to -exceed cost.
IV. TERMS AND CONDITIONS
The attached Terms & Conditions are considered part of this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement as of the dates
shown below:
JDE ENGINEERING, PLC
Jim D. Ellis, P.E. Date
CITY OFYItATERLOO, IOWA
Ernest G. Clark, Mayor
Date
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Standard Terms and Conditions
JDE Engineering, PLC (hereinafter referred to as ("JDE") 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
Administrative Assistant
$95 per hour
$95 per hour
$75 per hour
$75 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. Invoices shall be paid within 30 days of the invoice date. If the invoices are not paid
within 30 days, JDE 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.
Hazardous Material Indemnity: The Client agrees, notwithstanding any other provisions of this Agreement, to the fullest extent
permitted by law, to indemnify and hold harmless JDE, its officers, partners, employees, and sub -consultants (collectively, JDE) from and
against any and all claims, suits, demands, liabilities, losses, damages, or costs, including reasonable attorney fees and defense costs,
arising out of, or in any way connected with, the detection, presence, handling, removal, abatement, or disposal of any asbestos,
hazardous, or toxic substances, products or materials that exist on, about, or adjacent to the Project Site, whether liability arises under
breach of contract or warranty, tort, including negligence, strict liability, or statutory liability, regulatory, or any other cause of action,
except for the sole negligence or willful misconduct of JDE.
Indemnification: The Client shall indemnify and hold JDE 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 IDE), or anyone for whose acts of them may be liable.
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 JDE 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.
Limitation of .Liability: • In recognition of the relative risks and benefits of the Project to both the Client and JDE, the risks have been
allocated such that the Client agrees that, to the fullest extent permitted by law, JDE's total liability to the Client for any and all injuries,
damages, claims, losses, expenses, or claim expenses arising out of this Agreement from any cause or causes, shall not exceed the
amount of JDE's fee related to the Agreement. This limitation shall apply regardless of the cause of action or legal theory pled or
asserted.
Access to Site: Unless otherwise stated, JDE will have access to the site for activities necessary for the performance of JDE's services.
IDE will take reasonable precautions to minimize damage due to these activities, but has not included in the fee the cost of restoration
of any resulting damage, and will not be responsible for such costs.
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.
Jobsite Safety: Neither the professional activities of JDE, nor the presence of JDE, 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. JDE may use such information, requirements, reports, data, surveys, and instructions in
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.
Termination of Services: This agreement may be terminated by the Client, or JDE, should the other party materially breached this
Agreement. Nonpayment by the Client shall be a material breach of this Agreement. In the event of termination, the Client shall pay
JDE for all services rendered up to, and including, the date of termination, all expenses associated with the project, and termination
expenses (including attorney fees).
Ownership of Documents: Documents produced by JDE 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 IDE 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, including reasonable attorney fees and costs of
defense, arising from any changes made by anyone other than JDE. 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 IDE'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, IDE shall make visits to the site at intervals appropriate to the
various stages of construction, as JDE 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, IDE 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. IDE is not responsible for instruction means, methods, techniques, sequence, procedures, time of performance, or
programs in connection with the construction work. IDE 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 IDE, and indemnify, defend, and hold IDE
harmless from any claim or liability for injury or loss arising from JDE's alleged failure to exercise site safety responsibility. Client also
shall compensate JDE for any time spent, or expenses incurred, by IDE in defense of any such claim. Such compensation shall be based
upon JDE's prevailing fee schedule and expense reimbursement policy.
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 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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