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HomeMy WebLinkAboutJDE Engineering-9/6/2016(319) 464-7913 August 11, 2016 492 F.. 4th Street. finite 101. NIaterloo, 1.11 59703 jdeeng a 1pctel.net GERALDINE ROAD — PHASE 3 - CONSTRUCTION RELATED SERVICES SUPPLEMENTAL AGREEMENT NO. 1 UTILIZING REVITALIZE IOWA SOUND ECONOMY (RISE) PROJECT FUNDING PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City of Waterloo, Iowa ("City") extended Geraldine Road approximately 1,515 feet to the west and north to promote the continued development of the South Port Industrial Area in northwest Waterloo, Iowa, and WHEREAS, JDE Engineering, PLC ("Consultant") of Waterloo, Iowa provided construction related services related to the development of Geraldine Road, and WHEREAS, during the completion of construction, erosion occurred within the detention pond area that needs to be repaired, NOW THEREFORE, it is mutually agreed that this Professional Services Agreement shall consist of the following: 1. SCOPE OF SERVICES • Develop estimated quantities of materials necessary to repair noted erosion in the detention pond area, • Revise the following final project close-out documents to reflect additional erosion control measures implemented on-site following the completion of repairs to the detention pond area: ✓ Obtain documentation for materials used to repair erosion within the detention pond, ✓ Develop Pay Estimate #5 to compensate the contractor for materials used, ✓ Revise final pay estimate, Pay Estimate #6, for release of retainage to the contractor, ✓ Develop Extra Work Order #2 for additional erosion control material costs, and ✓ Revise Balancing Change Order to balance estimated and actual quantities - Change Order #3. 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 contract is anticipated on, or before, October 7, 2016. Below is an anticipated schedule for development of the project: 1 • Approval of Supplemental Agreement No. 1 August 2016 • Repair of Erosion within Detention Pond Area September 2016 • Submit Revised Project Completion Documentation October 2016 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 for engineering services for this project is estimated to be $2,250. 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 0 Jim D. Ellis, P.E. Date CITY OF WATERLOO, IOWA Quentin M. Hart, Mayor Date 2 /i 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 Special Project Coordinator Administrative Assistant $95 per hour $95 per hour $75 per hour $75 per hour $45 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 JDE), 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 IDE, 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, IDE 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. IDE 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 IDE. 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, 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. 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. IDE 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 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 JDE 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 Item Coversheet Page 1 of 1 CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 1 with JDE Engineering of Waterloo, Iowa, in the amount not to exceed $2,250.00 for additional design and construction related services for the F.Y. 2015 Geraldine Road - Phase III, Contract No. 871; and authorize Mayor and City Clerk to execute said documents. City Council Meeting: 9/6/2016 Prepared: 8/31/2016 ATTACHMENTS: Description Type l] Cont 871 Supp Agreement No 1 Cover Memo SUBJECT: Submitted by: Expenditure Required: Source of Funds: Resolution approving Supplemental Agreement No. 1 with JDE Engineering of Waterloo, Iowa, in the amount not to exceed $2,250.00 for additional design and construction related services for the F.Y. 2015 Geraldine Road - Phase III, Contract No. 871; and authorize Mayor and City Clerk to execute said documents. Submitted By: Jeff Bales Associate Engineer not to exceed $2,250.00 50% RISE Funds and 50% Local Option Sales Tax http://waterloo.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=6159 8/31/2016