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HomeMy WebLinkAboutAment -Greenhill and Progress Intersection-7/10/2017Project No. City of WLO — Greenhill -Progress Intersection Study City Project No. TO -247-1 AGREEMENT This agreement made on the twenty-eighth (28th) day of June 20 17 between City of Waterloo. Iowa the CLIENT, whose address Is City Hall. 715 Mulberry Street, Waterloo, IA 50703 and AMENT DESIGN, the CONSULTANT, whose address Is 625 32"d Avenue SW, Cedar Rapids, IA 52404, for professional services related to the following project: Greenhill Road - Progress Avenue Intersection Study The CONSULTANT agrees to perform the following professional services related to the PROJECT: See attached Scope of Services document entitled "Greenhill Road — Progress Avenue Intersection Study'' The CLIENT hereby agrees to provide to the CONSULTANT all criteria, design and construction standards, and full information as to the CLIENT'S requirements for the PROJECT. Other terms and condillons of this agreement, Including time of performance are as follows: X Project to be completed within thirty (30) working days of receipt of written authorization to proceed, assuming timely review of draft submittals by CLIENT. Protect to be completed by , 20_, weather permitting. Other: The CLIENT agrees to compensate the CONSULTANT for the CONSULTING services provided under This agreement on the following basis: Actual costs based on Standard Hourly Rates that are current when the work is performed. X Lump sum fee of Four thousand four hundred seventy-five and 00/100 Dollars ($ 4.475.00 ) Other: Progress payments shall be made In proportion to services as provided and as Indicated within this agreement, and shall be due and owing within 30 days of the CONSULTANT'S submittal of his monthly statement. Past due amounts owed shall accrue interest at the lesser rate of 1.5% per month, or the maximum rate allowed by law. If the CLIENT fails to make monthly payments due the CONSULTANT, the CONSULTANT may after giving seven (7) days written notice to the CLIENT, suspend services under This agreement. This agreement may be terminated by either party by seven (7) days written notice in the event of substantial failure to perform in accordance with the terms of this agreement by the other party through no fault of the terminating party. THIS AGREEMENT IS SUBJECT TO ALL THE TERMS AND CONDITIONS LISTED ON THE REVERSE SIDE OF THIS PAGE. This agreement represents the entire and Integrated agreement between the CLIENT and the CONSULTANT and supersedes all prior written or oral negotiations, representations, or agreements. This agreement may be amended only by written instrument signed by both the CLIENT and the CONSULTANT. This agreement executed the day and year first written above. CONSULTANT Date: Date: - d- 7Jk/1 J,614(4/ NCH,/ of WLO-Greenhill-Progress Intersection Study\ADMINISTRATIONICONTRACTICity of WL0 • Greenhill•Progress Intersection Study —Agreement (2017-08-28).doc Revised 02/08 2 In the event that any on-site observation of Contractors work shall be included as a pad of the work under the agreement, the CONSULTANT shall endeavor to guard the CLIENT against apparent defects and deficiencies in the permanent work constructed by the Contractor but does not guarantee or warrant the performance of the Contractor The CONSULTANT is not responsible for the construction means, methods, techniques, sequence or procedures, lime of performance, programs, or for any safety precautions in connection with the construction work. The CONSULTANT is not responsible for the Contractors failure 10 execute the work in accordance with the construction contract. The CONSULTANT shall not be responsible for defects or omissions in the work of the Contractor or any Subcontractors or any of the Contractors or Subcontractors employees, or that of any person or entities responsible for perfoming work which results in a consUuclion contract on the basis of the services to be performed by the CONSULTANT. If the PROJECT is delayed or if the CONSULTANTS services for me PROJECT are delayed or suspended for more than Three (3) months for reasons beyond the CONSULTANT'S control, the CONSULTANT may, after giving seven (7) days written notice to the CLIENT, terminate this agreement and the CONSULTANT shall be paid for services performed to the termination notice date, including reimbursable expenses due, plus termination expenses. Termination expenses are defined as reimbursable expenses directly attributable to the termination. 4. Neither the CLIENT nor the CONSULTANT shall delegate, assign, or therwise transfer his duties under this agreement without the written consent of the other. 5 All drawings, specifications and other work product of the CONSULTANT for this PROJECT are instruments of service for this PROJECT only and shall remain the property of the CONSULTANT whether the PROJECT is completed or not. Reuse of any of the instruments of service of the CONSULTANT by the CLIENT on extensions of this PROJECT or on any other PROJECT without the written permission of the CONSULTANT shall be at the CLIENTS risk and the CLIENT agrees to defend and indemnify and hold harmfess the CONSULTANT from all claims, damages, and expenses including attorney's fees arising out of such unauthorized reuse of the CONSULTANT'S instruments of service by the CLIENT or by others acting through the CLIENT Any reuse or adaptation of the CONSULTANT'S instruments of service occurring after the written agreement of the CONSULTANT shall entitle the CONSULTANT to further compensation in amounts 10 be agreed upon by the CLIENT and the CONSULTANT. Copies of documents that may be relied upon by Client are limited to the printed copies (also known as hard copies) That are signed or sealed by Consultant, Files in electronic media Lomat or text, data, graphic or other types that are furnished by Consultant to Client are only for convenience of Client. Any conclusion or information obtained or derived from such electronic (les will be al the user's sole risk. When transferring documents in electronic media format, Consultant makes no representations as 10 long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems or computer hardware differing from those in use by Consultant al the beginning of this assignment. Unless otherwise specified within this agreement, this agreement shall be governed by the laws of the State of Iowa. 8. The CLIENT and the CONSULTANT agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non-binding mediation unless the parties mutually agree olhmwise. The CLIENT and the CONSULTANT further agree 10 include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants to likewise include a similar mediation provision In all agreements with subcontractors, subconsullants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between parties to those agreements. Any costs incurred for a mediator, plus his or her expenses, shall be shared equally between the parties involved in the mediation. Neither party shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, walkouts, accidents, government acts, or other events beyond the control of the other or the other's employees and agents. 10. In the event any provisions of this agreement shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 11. The CONSULTANT intends to render his services under this agreement in accordance with the generally accepted professional practices for the intended use of the PROJECT, and makes no warranty, either express or implied. 12. Any Opinion of the Construction Cost prepared by the CONSULTANT represents his judgment as a design professional and is supplied for the general guidance of the CLIENT. Since the CONSULTANT has no control over the cost of labor and material or over competitive bidding or market conditions, Ne CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CLIENT 13. The CLIENT agrees to limit the liability of the CONSULTANT to the CLIENT and to all construction contractors and subcontractors on the PROJECT due to the CONSULTANT'S professional negligent acts, errors, or omissions such That the total aggregate liability of the CONSULTANT to those named shall not exceed 625,000, or the CONSULTANT'S total fee for services rendered on this PROJECT, whichever is greater. In no event shall the CONSULTANT ba liable for any incidental or consequential damages. 14. The CLIENT shall require arty Contractor or Subcontractor performing work in connection with drawings and specifications produced under this agreement to hid harmless, indemnify and defend the CLIENT and the CONSULTANT, their consultants, and each of their officers, agents and employees from any and all liability claims, losses, or damage arising out of or alleged to arise from the Contractors (or Subcontractors) negligence in the performance of the work described in the construction contract documents, but not including liability that is due to the sole negligence of the CLIENT, the CONSULTANT, their consultants or their officers, agents and employees. 15. The CLIENT shall provide for right of entry for employees of the CONSULTANT and all of the equipment, which is necessary for the CONSULTANT to perform the work. While the CONSULTANT will take responsible precautions 10 minimize any damage to the property it is understood by the CLIENT that in the normal course of work, some damages may occur, the correction of which is not part of this agreement. 16. In the prosecution of the work, the CONSULTANT will take responsible precautions to avoid damage or injury to subterranean structures or utilities. The CLIENT agrees to hold the CONSULTANT harmless for any damage to subterranean structures, which are not called 10 the CONSULTANT'S attention and correctly shown on any plans furnished. 17. The CONSULTANT will notity the CLIENT of changes in scope of services and of adjustment in compensation by amendment to this Agreement. 18. Nothing in this agreement shall impose liability on the CONSULTANT for claims, lawsuits, expenses, or damages arising from, or in any manner related to: The dispersal, discharge, escape, release or saturation of smoke, vapors soot, fumes, adds, alkalis, toxic chemicals, liquids gases or any other materials, irritant, contaminant or pollutant in or into the atmosphere, or on, onto, upon, in or into surface or subsurface of (a) soil; (b) water or water courses; (c) objects; and (d) any tangible or intangible matter whether sudden or not. The exposure to, or the handling, manufacture or disposal of asbestos or asbestos products in any of its various fors. 19. The CLIENT shall have ten (10) days after issue of invoice to dispute the amount owed. After len (10) days, the invoice becomes due and payable. 20. The CLIENT agrees that the CONSULTANT has the right to file a mechanics lien against the land with respect to the CONSULTANT's provision of materials or labor under this Contract, and acknowledges that such work or materials constitute improvements to Ne land regardless of whether the Project proceeds beyond the planning stage. The CLIENT agrees to hold harmless, defend and indemnify the CONSULTANT for all such claims or lawsuits and any related expenses and damages, by whomever made. If such claim, lawsuit, expense or damage is due to the CONSULTANT'S negligent act, error or omission, the CONSULTANT agrees to reimburse the CLIENT for CLIENT'S damages that are in response to such claims or lawsuits in a total aggregate amount that shall be limited to 625,000, or amount of the fee, whichever is greaten PSCity of WLO - Greenhill -Progress IntersectionSIudyl40MINISTRATION\CONTRACT\Cily of W LO - Greenhill -Progress Intersection Study -- Agreement (2017-06-28).doc Revised 02108 Greenhill Road — Progress Avenue Intersection Study Scope of Services Study will evaluate the following intersection for LOS/Capacity Analysis and mainline left -turn lane storage length requirements: • Greenhill Road at Progress Avenue (Existing, Existing + Added Mainline Left -turn Lanes) Data Collection Collect field and office data related to geometric data (existence of turn lanes, storage lengths, intersection spacing, etc.); demand data (intersection turning movements, peak hour factors, etc.); intersection data (control type, cycle length, signal phasing and timings, etc.); saturation data (lane widths, heavy vehicles, grades, parking maneuvers, local bus, pedestrians, area type, lane utilization, etc.). Intersection turning movement counts shall be collected during a typical weekday at the following location for the following time periods: • Greenhill Road at Progress Avenue (7:00 AM - 9:00 AM, and 4:00 PM - 6:00 PM) Traffic counts shall be recorded in 15 -minute increments and the raw count data provided in the technical appendix of the report. Analysis Evaluate the existing traffic conditions for the scenarios (as identified on Page 1) using a nationally -recognized software program that is based on the latest edition of the Highway Capacity Manual. The evaluation will focus on the intersection levels of service (LOS), intersection capacity and the projected 85% vehicular queue lengths. Mitigation measures shall be identified when the LOS drops below "C" for the overall intersection or "D" for individual movements. These mitigation measures may include additional turning lanes, upgrading traffic controls, or other methods following customary practices. Construction Needs and Cost Opinion Determine projected quantities for the following improvements at the study intersection: 1) adding left -turn lanes on Greenhill Road and 2) adding a permanent traffic signal installation. Investigate the construction needs such as intakes, storm sewer pipes, etc. and develop a construction cost opinion for implementing the proposed intersection improvements. CLIENT's Traffic Operations Department staff will assist the CONSULTANT with the development of the construction cost opinion for the proposed permanent traffic signal installation. Documentation The results and recommendations of the study and the anticipated construction cost opinion for implementing the proposed intersection improvements shall be published in a draft letter report, complete with appropriate tables, figures and technical appendices. An electronic copy of the draft letter report (in PDF file format) shall be submitted to the CLIENT. Following review by the Page 1 CLIENT, comments/corrections will be submitted to the CONSULTANT for the purpose of publishing a final letter report. The final letter report will be signed/sealed by a civil engineer, licensed in the State of Iowa. An electronic copy of the final letter report (in PDF file format) will be submitted to the Client. Additional Services that are Not Included in Scope of Services: • Crash and traffic safety analysis of study intersection. • Sight distance review for existing study intersection. Client Responsibilities Client shall provide site information and review comments to the Consultant in a timely manner, including: • Providing record drawings for construction of Greenhill Road, Progress Avenue, and temporary span wire signal installation; • Providing existing signal phasing and timings; • Providing recent bid tabulations for construction of comparable roadway / intersection improvements; and • Assisting with development of construction cost opinion for proposed permanent traffic signal installation. Page 2