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HomeMy WebLinkAboutJDE Engineering-11/15/2010i319k464-7913 November 11, 2010 500 Main Si., La Porte City, Lei 50651 jdeeng(netins.net DONALD STREET / MARTIN LUTHER KING JR. DRIVE RECREATIONAL TRAIL LOCATION STUDY PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City of Waterloo, Iowa ("City") desires to develop a recreational trail connection between the Gates Park Pool, along Donald Street, and the existing trailhead at the intersection of Martin Luther King Jr. Drive and Idaho Street, and WHEREAS, JDE Engineering, PLC ("Consultant") of La Porte City, Iowa desires to provide professional engineering services related to the development of this recreational trail connection, NOW THEREFORE, it is mutually agreed that this Professional Services Agreement shall consist of the following: I. SCOPE OF SERVICES The scope of services shall consist of the following: • Obtain the most up-to-date aerial photography for the area, • Obtain right-of-way information along proposed trail corridors, • Research land ownership in the area, • Obtain property owner parcel information from Black Hawk County, • Identify 3 to 4 possible route locations for the proposed recreational trail segment, • Research existing and proposed utilities within the area, • Conduct a field review of the area to identify obstacles within proposed trail routes, • Obtain photos of proposed routes in the field, • Conduct 2 to 3 public meetings with property owners along the proposed trail route to obtain their concerns with regard to each trail route option, • Develop construction cost estimates for each trail option, and • Develop a final report to document the findings of this study for submittal to the City. 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. The final report for this project will be submitted to the City approximately 8 weeks following approval of this agreement. 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. The total cost of this project is estimated to be $13,000. 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 ip� Jim D. Ellis, P.E. Date CITY I f ATERLOO, IOA i_.4.../ Ernest Ernest G. Clark, Mayor 116 /PM Date 2 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 $85 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 altemative 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 attomey'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.