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HomeMy WebLinkAboutJDE Engineering-5/19/2014CITY OF WATERLOO Council Communication City Council Meeting: May 19, 2014 Prepared: May 12, 2014 Dept. Head Signature: Eric Thorson, PE., Citv Engineer # of Attachments: SUBJECT: PROFESSIONAL SERVICES AGREEMENT F.Y. 2015 GERALDINE ROAD - PHASE III CITY CONTRACT NO. 871 RM -8155(742)-9D-07 Submitted by: Jeff Bales, Associate Engineer 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 JDE Engineering, for the design engineering services for the F.Y. 2015 Geraldine Road — Phase III This agreement is available in the City Clerk's office if you wish to review it in its entirety. Expenditure Required The cost of this agreement is not to exceed fifty-two thousand seven hundred fifty dollars ($52,750), and shall not be exceeded without authorization of the City. Source of Funds RISE Funds - $26,375 and Local Option Sales Tax - $26,375 Policy Issue N/A Alternative N/A Background Information This project has been awarded RISE Funding by the DOT Commission and includes a 1394 -ft. extension of Geraldine Road to tie into Airline Highway. [MANI LRIN( (319) 464-7913 402 E. 4th Street, Suite 101, Waterloo, IA 50703 jdeeng`n 1pctel.net April 24, 2014 GERALDINE ROAD EXTENSION — PHASE 3 UTILIZING REVITALIZE IOWA SOUND ECONOMY (RISE) PROJECT FUNDING PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City of Waterloo, Iowa ("City") desires to extend Geraldine Road approximately 1,400 feet to the west and north to promote the continued development of the South Port Industrial Area in 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 Geraldine Road Extension — Phase 3, 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, • Obtain soil boring 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, • Incorporate existing feature information into plan set documents, • Design roadway pavement and corresponding storm water drainage inlets and piping for the proposed 1,400 roadway extension, • Develop an erosion control plan for the light industrial subdivision area, • Develop a regional storm water retention basin for the light industrial area, • Incorporate existing and proposed utility information into the construction plan set, • Obtain necessary permitting from the Iowa Department of Natural Resources and Iowa Department of Transportation related to storm water runoff, sanitary sewer main construction, and water main extension, • 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. 1 II. 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 design services is anticipated by the end of July of 2014. Below is an anticipated schedule for development of the project: • Approval of the Design Agreement May 2014 • Obtain Survey Information May 2014 • Obtain Existing Soil Information May 2014 • Preliminary Plan and Specifications Submittal Mid -June 2014 • Final Plan and Specification Submittal End of July 2014 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 Fehr Graham Engineering and Environmental of West Union, Iowa. Material testing services will be performed under this contract by Terracon Consultants, Inc. of Cedar Falls, Iowa. The total cost of this project is estimated to be $52,750. 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 D. Jim D. Ellis, P.E. CITY OF WATERLOO, IOWA Date ylzzy ) ,1 std Ernest G. Clark, Mayor Date 2 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 $95 per hour Design Engineer $95 per hour Drafting Technician $75 per hour Construction Observation Technician $75 per hour Administrative Assistant $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 IDE. 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 IDE arising out of the services to be provided by IDE, 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. 1 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 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, 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 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 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, 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. 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 JDE. 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. 2