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HomeMy WebLinkAboutClapsaddle-Garber Associates - WARP 2nd Addition Final Platting - 4.5.2021 CGA ENGINEERS-LAND SURVEYORS ENGINEERING SERVICES AGREEMENT This AGREEMENT made as of the 5th day of April , 2021 by and between City of Waterloo, hereafter "CLIENT" and CLAPSADDLE-GARBER ASSOCIATES, INC., (hereafter "ENGINEER"). 1. THE ENGINEER AGREES TO perform those tasks described in Attachment B - Scope of Engineering Services for the Waterloo Air and Rail Park 2nd Addition project. 2. THE ENGINEER AGREES TO perform the Scope of Engineering Services in a reasonable period of time commensurate with the performance of those services, unless a specific schedule for the performance of services is agreed upon between CLIENT and ENGINEER and incorporated as part of this AGREEMENT. 3. THE ENGINEER AGREES TO perform Additional Special Services not described in the scope of services included in this Agreement, if authorized in writing by Client and Engineer shall furnish such Additional Special Services at the normal hourly rates and charges applicable to those services at the time of their performance, and a schedule of those charges will be presented to the CLIENT upon request. 4. THE CLIENT AGREES to provide the Engineer with complete information concerning the requirements of the Project and to perform the following services: a. The Client shall give prompt and thorough consideration to all reports, sketches, estimates, drawings, specifications, proposals, and other documents presented by the Engineer, and shall inform the Engineer of all decisions within a reasonable time so as not to delay the work of the Engineer. b. The Client shall hold promptly all required special meetings, serve all required public and private notices, receive and act upon all protests and fulfill all requirements and obtain all permits reasonable and necessary in the develop- ment of the Project, and pay all costs incidental thereto. C. The Client shall furnish, at the Client's expense, all information, requirements, reports, data, surveys and instructions required by this Agreement. The Engineer 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. Ackley Ames Cedar Falls Marshalltown Webster City 800-542-7981 www.cgaconsultants.com Payments for Professional Services: The Client shall pay the Engineer a. On an hourly rate basis in accordance with Attachment C - Hourly Rate Schedule. The total fee shall not exceed $6,500.00 for the Scope of Services described in Attachment B. Reimbursable expenses such as permit fees and publication fees are not included in the above fee. 5. THE CLIENT AND ENGINEER FURTHER AGREE to the Standard Terms and Conditions contained in Attachment A. The signatures below serve to incorporate the Standard Terms and Conditions as part of this AGREEMENT, regardless whether they are separately signed. 6. ATTACHMENTS: The following attachments are included as part of this Agreement. • Attachment A—Standard Terms and Conditions • Attachment B—Scope of Engineering Services • Attachment C— Hourly Rate Schedule • Attachment D— Project Exhibit IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement the day and year first above written. CLIENT: ENGINEER: City of Waterloo, Iowa Clapsaddle-Garber Associates, Inc. 13V: By: By: Title: Mayor Title: ATTESTED BY: ATTESTED BY: Kelley �elchle By: By: Title: City Clerk Title: Ackley Ames Cedar Falls Marshalltown Webster City 800-542-7981 www.cgaconsultants.com 2 ATTACHMENT A CLAPSADDLE-GARBER ASSOCIATES INC. STANDARD TERMS AND CONDITIONS PARTIES INFORMATION PROVIDED BY OTHERS "ENGINEER"shall mean Clapsaddle-Garber Associates,Inc. ENGINEER shall indicate to the CLIENT the information needed for "CLIENT"shall mean the person or entity executing this Agreement rendering of services hereunder.The CLIENT shall provide to with"ENGINEER." ENGINEER such information,including electronic media,as is STANDARD OF CARE available to the CLIENT and the CLIENT's consultants and contractors. Services provided by ENGINEER under this Agreement will be CLIENT hereby warrants the accuracy and completeness of the information provided by CLIENT to ENGINEER,and ENGINEER performed in a manner consistent with that degree of care and skill shall be entitled to rely upon the accuracy and completeness thereof. ordinarily exercised by members of the same profession currently The CLIENT recognizes that it is difficult for ENGINEER to assure the practicing under similar circumstances on projects of similar size, accuracy,completeness and sufficiency of such CLIENT-furnished complexity,and geographic location as that of the Project. information,either because it is provided by others,or because of errors ENGINEER PROVIDES NO WARRANTIES OF ANY HIND, or omissions which may have occurred in assembling the information WHETHER EXPRESS OR IMPLIED,WITH RESPECT TO ITS the CLIENT is providing.Accordingly,the CLIENT agrees,to the SERVICES. fullest extent permitted by law,to indemnify and hold ENGINEER RIGHT OF ENTRY Group harmless from and against any and all claims,liabilities,losses, The CLIENT shall provide for complete and continuous access to the costs and expenses(including,without limitation,reasonable attorneys' Project site in order for ENGINEER to timely perform its services and fees,experts'fees and any other legal costs),or any other costs, shall provide for entry for the employees,agents and subcontractors of expenses or damages of any nature whatsoever(including,without ENGINEER and for all necessary equipment.While ENGINEER shall limitation,damages to property,injuries or death to persons,fines, take reasonable precautions to minimize any damage to property,it is penalties)arising or allegedly arising from errors, omissions or understood by the CLIENT that in the normal course of the project some inaccuracies in documents or other information provided by the damages may occur,the cost of correction of which is not a part of this CLIENT. Agreement. UNDERGROUND UTILITIES PAYMENT Information for location of underground utilities may come from the Unless otherwise provided herein,invoices will be prepared in CLIENT,third parties,and/or research performed by ENGINEER or its accordance with ENGINEER's standard invoicing practices then in subcontractors.ENGINEER will use the standard of care defined in this effect and will be submitted to CLIENT each month and at the Agreement in providing this service.The information that ENGINEER completion of the work on the project.Invoices are due and payable must rely on from various utilities and other records may be inaccurate upon receipt by the CLIENT.If the CLIENT does not make payment or incomplete.Therefore,the CLIENT agrees,to the fullest extent within thirty(30)days after the date the invoice was mailed to the permitted by law,to indemnify and hold harmless ENGINEER Group CLIENT,then the amount(s)due ENGINEER shall bear interest due for any and all claims,liabilities,losses,costs and expenses(including, from the date of mailing at the lesser interest rate of 1.5%per month without limitation,reasonable attorneys'fees,experts'fees and any compounded or the maximum interest rate allowed by law.In the event other legal costs),or any other costs,expense or damages of any nature that ENGINEER files or takes any action,or incurs any costs,for the whatsoever arising out of the location of underground utilities provided collection of amounts due it from CLIENT,then ENGINEER shall be or any information related to underground utilities provided to or by entitled to recover its entire cost for attorney fees and other collection ENGINEER under this Agreement. expenses related to the collection of amounts due it under this CONTRACTOR MATTERS Agreement.Any failure to comply with this term shall be grounds for a CLIENT agrees that ENGINEER shall not be responsible for the acts or default termination. omissions of the contractor or contractors,and their respective affiliated TERMINATION companies,officers,directors,equityholders,employees,agents, Either party may terminate this Agreement for convenience or for subcontractors,suppliers,or other persons or entities responsible for default by providing written notice to the other party.If the termination performing work on the Project(collectively,the"Contractor Group") is for default,the non-terminating party may cure the default before the that is not in conformance with the construction Contract Documents,if effective date of the termination and the termination for default will not any,prepared by ENGINEER under this Agreement.ENGINEER shall be effective.The termination for convenience and for default,if the not have responsibility for means,methods,techniques,sequences,and default is not cured,shall be effective seven(7)days after receipt of progress of construction of the Contractor Group.In addition,CLIENT written notice by the non-terminating party.In the event that this agrees that ENGINEER is not responsible for safety at the project site Agreement is terminated for the convenience of either party or and that safety during construction is for the CLIENT to address in the terminated by ENGINEER for the default of the CLIENT,then contract between the CLIENT and contractor. ENGINEER shall be paid for services performed to the termination effective date,including reimbursable expenses due,and termination The ENGINEER shall not supervise,direct or have control over the expenses attributable to the termination.In the event the CLIENT Contractor's work,not have any responsibility for the Contractor's terminates the Agreement for the default of ENGINEER and safety precautions or programs in connection with the Work.These ENGINEER does not cure the default,then ENGINEER shall be paid rights and responsibilities are solely those of the Contractor in for services performed to the termination notice date,including accordance with the Contract Documents.The ENGINEER shall not be reimbursable expenses due,but shall not be paid for services performed responsible for any acts or omissions of the Contractor,subcontractor, after the termination notice date and shall not be paid termination any entity performing any portions of the Work,or any agents or expenses.Termination expenses shall include expenses reasonably employees of any of them.The ENGINEER does not guarantee the incurred by ENGINEER in connection with the orderly termination of performance of the Contractor and shall not be responsible for the the Agreement or services,including,but not limited to,demobilization, Contractor's failure to perform its Work in accordance with the Contract reassignment of personnel,termination of subcontractors, Documents or any applicable laws,codes,rules or regulations. subconsultants and other agents whose services were retained for the Project,associated overhead costs,lost profits,and all other expenses directly resulting from the termination. A-1 Updated June 18,2020 CLAPSADDLE-GARBER ASSOCIATES INC. STANDARD TERMS AND CONDITIONS JOBSITE SAFETY If the Owner desires more extensive project observation or fulltime Neither the professional activities of the ENGINEER/Surveyor,nor the project representation,the Owner shall request that such services be presence of the ENGINEER's/Surveyor's employees and subconsultants provided by the ENGINEER as Additional Services in accordance with at a construction site,shall relieve the General Contractor and any other the terms of this Agreement. entity of their obligations,duties and responsibilities,including,but not OTHER SERVICES limited to,construction means,methods,sequences,techniques,or procedures necessary for performing,superintending,or coordinating all The CLIENT may direct ENGINEER to provide other services portions of the work of construction in accordance with the Contract including,but not limited to,any additional services identified in Documents and any health or safety precautions required by any ENGINEER'S proposal.If ENGINEER agrees to provide these services, regulatory agencies.The ENGINEER'S/Surveyor's personnel have no then the schedule shall be reasonably adjusted to allow ENGINEER to authority to exercise any control over any construction contractor or provide these services.Compensation for such services shall be at other entity or their employees in connection with their work or any ENGINEER'S Standard Hourly Fee Schedule in effect at the time the health or safety precautions.The Owner agrees that the General work is performed unless there is a written Amendment To Agreement Cthat contains an alternative compensation provision. Contractor is solely responsible for jobsite safety. SHOP DRAWING REVIEW OWNERSHIP&REUSE OF INSTRUMENTS OF SERVICE If,as part of this Agreement ENGINEER reviews and approves All drawings,reports,plans,specifications,field data and notes and contractor submittals,such as shop drawings,product data,samples and other documents,including all documents on electronic media,prepared other data,as required by ENGINEER,these reviews and approvals by ENGINEER as instruments of service(the"ENGINEER shall be only for the limited purpose of checking for conformance with Deliverables")shall remain the property of ENGINEER and the design concept and the information expressed in the contract ENGINEER shall retain title in the ENGINEER Deliverables. documents.This review shall not include review of the accuracy or ENGINEER grants to CLIENT a limited non-exclusive license to use completeness of details,such as quantities,dimensions,weights or the ENGINEER Deliverables for the construction and operation of the gauges,fabrication processes,construction means or methods, Project(the"Specified Purpose").All other uses of the ENGINEER coordination of the work with other trades or construction safety Deliverables by CLIENT Group are prohibited,including,without precautions,all of which are the sole responsibility of the contractor. limitation,reuse of the ENGINEER Deliverables,use of the ENGINEER's review shall be conducted with reasonable promptness ENGINEER Deliverables for the expansion or modification of the while allowing sufficient time in ENGINEER's judgment to permit Project,or for use on other projects.Except in connection with a adequate review.Review of a specific item shall not indicate that Specified Purpose and then only to those persons or entities necessary, Engineer has reviewed the entire assembly of which the item is a CLIENT shall not disclose,market or distribute ENGINEER component.Engineer shall not be responsible for any deviations from Deliverables to third parties.The CLIENT agrees,to the fullest extent the contract documents not brought to the attention of Engineer in permitted by law,to defend,indemnify and hold ENGINEER Group writing by the contractor.Engineer shall not be required to review harmless from any and all claims,liabilities,losses,costs and expenses partial submissions or those for which submissions of correlated items (including,without limitation,reasonable attorneys'fees,experts'fees have not been received. and any other legal costs),or any other costs,expenses or damages of any nature whatsoever arising out of,resulting from or in any way OPINIONS OF PROBABLE COST related to the use by CLIENT or any other person or entity of any If,as part of this Agreement ENGINEER is providing opinions of ENGINEER Deliverable for any purpose other than the Specified probable construction cost,the CLIENT understands that ENGINEER Purpose. has no control over costs or the price of labor,equipment or materials, CERTIFICATE OF MERIT or over the contractor's method of pricing,and that ENGINEER'S opinions of probable construction costs are to be made on the basis of The Owner shall make no claim(whether directly,in the form of a third- ENGINEER's qualifications and experience.ENGINEER makes no party claim,or for indemnity)against the ENGINEER unless the Owner warranty,expressed or implied,as to the accuracy of such opinions as shall have first provided the ENGINEER with a written certification compared to bid or actual costs. executed by an independent ENGINEER/Surveyor licensed in Iowa to practice in the same discipline as the ENGINEER/Surveyor specifying CONSTRUCTION OBSERVATION those acts or omissions which the certifier contends constitutes a If,as part of this Agreement ENGINEER is providing construction violation of the standard of care expected of an ENGINEER/Surveyor observation services,ENGINEER shall visit the project at appropriate performing professional services under similar circumstances and upon intervals during construction to become generally familiar with the which the claim will be premised.Such certification shall be provided to progress and quality of the contractors'work and to determine if the the work is proceeding in general accordance with the Contract Documents. ENGINEER/Surveyor thirty(30)days prior to the presentation of,and Unless otherwise specified in the Agreement,the CLIENT has not shall be a precondition to any such claim or the institution of,any retained ENGINEER to make detailed inspections or to provide arbitration or judicial proceeding. exhaustive or continuous project review and observation services. DISPUTE RESOLUTION ENGINEER does not guarantee the performance of,and CLIENT hereby agrees that ENGINEER shall have no responsibility for,the acts If a dispute arises between ENGINEER and CLIENT,the executives of or omissions of the Contractor Group or any other person or entity the parties having authority to resolve the dispute shall meet within furnishing materials or performing any work on the Project(other than thirty(30)days of the notification of the dispute to resolve the dispute. ENGINEER and its subconsultants).ENGINEER shall advise the If the dispute is not resolved within such thirty(30)day time period, CLIENT if ENGINEER observes that the contractor is not performing CLIENT and ENGINEER agree to submit to non-binding mediation in general conformance of Contract Documents.CLIENT shall prior to the commencement of any litigation.Any costs incurred directly determine if work of contractor should be stopped to resolve any for a mediator,shall be shared equally between the parties involved in problems. the mediation. EXCUSABLE EVENTS ENGINEER shall not be responsible for any event or circumstance that is beyond the reasonable control of ENGINEER that has a A-2 Updated June 18,2020 CLAPSADDLE-GARBER ASSOCIATES INC. STANDARD TERMS AND CONDITIONS demonstrable and adverse effect on ENGINEER's ability to perform its ASSIGNMENT obligations under this Agreement or ENGINEER's cost and expense of Neither party to this Agreement shall transfer,sublet or assign any rights performing its obligations under this Agreement(an"Excusable or delegate any duties under or interest in this Agreement(including but Event"). When an Excusable Event occurs,the CLIENT agrees not limited to monies that are due or monies that may be due)without Engineer is not responsible for damages,nor shall ENGINEER be the prior written consent of the other party.Any such assignment or deemed to be in default of this Agreement,and ENGINEER shall be delegation not in accordance with the terms of this Agreement shall be entitled to a change order to equitably adjust for ENGINEER's null and void. increased time and/or cost to perform its services due to the Excusable SEVERABILITY,SURVIVAL AND WAIVER Event. Any provision of this Agreement later held to be unenforceable for any LIMITATION OF LIABILITY; WAIVER OF reason shall be deemed void,and all remaining provisions shall continue CONSEQUENTIAL DAMAGES in full force and effect.All obligations arising prior to the termination of In recognition of the relative risks and benefits of the Project to both this Agreement and all provisions of this Agreement allocating CLIENT and ENGINEER,the risks have been allocated such that responsibility or liability between the CLIENT and ENGINEER shall CLIENT agrees,to the fullest extent of the law,to limit the liability survive the completion of the services hereunder and the termination of of Engineer and its officers,directors,equityholders,employees, this Agreement.The failure of a party to insist upon strict compliance of agents,subconsultants,and affiliated companies(collectively,the any term hereof shall not constitute a waiver by that party of its rights to "ENGINEER Group")to the CLIENT and any person or entity insist upon strict compliance at a subsequent date. claiming by or through the CLIENT,for any and all claims, GOVERNING LAW;JURISDICTION AND VENUE damages,liabilities,losses,costs and expenses(including,without limitation,reasonable attorneys'fees,experts'fees and any other This Agreement and all matters arising under or in connection with this legal costs),or any other cost,expense or damage of any nature Agreement shall be governed by,construed and interpreted pursuant to whatsoever resulting in any way related to the Project or the laws in the state of the locale of ENGINEER'S address written in Agreement from any cause or causes to an amount that shall not this Agreement without regard to conflicts of law principles.In any suit exceed the compensation received es ENGINEER under the relating to this Agreement,CLIENT and EJNGINEER unconditionally agreement or fifty thousand dollars($50,000),whichever is greater. and voluntarily consent to be subject to the exclusive jurisdiction of the The parties intend that this limitation of liability apply to any and state or federal courts sitting in Iowa and hereby waive any objections to all liability or cause of action,claim,theory of recovery,or remedy venue lying therein.Each of the parties hereby consents to service of process anywhere in the world. however alleged or arising,including negligence for professional acts,errors or omissions,strict liability,breach of contract, EQUAL EMPLOYMENT OPPORTUNITY expressed or implied warranty,contribution,expressed indemnity, It is the policy of ENGINEER to provide equal employment implied contractual indemnity,equitable indemnity,tort and all opportunities for all.ENGINEER will not discriminate against any other claims.Except for the limitation of liability above,the employee or applicant because of race,color,religion,sex,marital CLIENT waives any claim or cause of action against the status,national origin,age,ancestry,veteran status,physical or mental ENGINEER Group arising from or in connection with the handicap,unless related to performance of the job with or without performance of services for the Project or this Agreement. accommodation. The ENGINEER Group shall not be liable to the CLIENT for COMPLETE AGREEMENT consequential,special,exemplary,punitive,indirect or incidental This Agreement constitutes the entire and integrated agreement between losses or damages,including loss of use,loss of product,cost of the CLIENT and ENGINEER and supersedes all prior or capital,loss of goodwill,lost revenues or loss of profit,interruption contemporaneous negotiations,representations and agreements,whether of business,down time costs,loss of data,cost of cover,or oral or written.If the CLIENT issues a Purchase Order of which this governmental penalties or fines and CLIENT hereby releases the Agreement becomes a part,the terms of this Agreement shall take ENGINEER Group from any such liability. precedence in the event of a conflict of terms.Any amendments, changes or alterations to this Agreement shall only be binding if reduced INDEMNIFICATION to writing and signed by both parties. Subject to the limitation of liability above,ENGINEER agrees to the SIGNATURES fullest extent permitted by law,to indemnify and hold harmless the CLIENT against all claims,damages,liabilities,losses or costs, This Agreement may be executed in several counterparts,each of which including reasonable attorneys'fees and defense costs,or costs of when executed shall be deemed to be an original,but all together shall any nature whatsoever to the extent caused by ENGINEER'S constitute but one and the same agreement.Original,facsimile,or negligent performance of service under this Agreement and that of electronic signatures by the parties are deemed acceptable for binding its officers,directors,equityholders,and employees. the parties to the Agreement. NOTICES The CLIENT agrees to the fullest extent permitted by law,to All formal notices requests,demands,and other communications indemnify and hold harmless ENGINEER Group against all claims, required under this Agreement shall be in writing and shall be hand damages,liabilities,losses,costs and expenses(including,without delivered to the party or mailed by overnight registered or certified mail, limitation,reasonable attorneys'fees,experts'fees and any other postage prepaid,return receipt requested,to the address of the respective legal costs),or any other cost,expense or damage of any nature party set forth in this Agreement and to the attention of the respective whatsoever to the extent caused by the acts or omissions of CLIENT person signing this Agreement on behalf of the party.The date of hand and its affiliated companies,officers,directors,equityholders, delivery or the date of mailing in accordance with the foregoing employees,agents,contractors,subcontractors,engineers, sentence shall be deemed to be the date of delivery of any such notice. designers,and consultants(other than ENGINEER)(collectively, the"CLIENT Group")in connection with this Project. A-3 Updated June 18,2020 Attachment B Scope of Engineering Services For Waterloo Air and Rail Park 2nd Addition Final Plat Waterloo, Iowa This project provides for the Final Platting of approximately 4 lots for the proposed Waterloo Air and Rail Park 2nd Addition at the Waterloo Air and Rail Park in Waterloo, Iowa. Task 1.0—Final Plat 1.1 CGA shall provide professional services as needed for the preparation of the Final Plat per City of Waterloo ordinance, and as generally depicted in Attachment D, Project Exhibit. Task 2.0— Setting Property Corners 2.1 Upon completion of the public improvements, or at the request of the Client, CGA shall set all property pins as indicated on the recorded Final Plat. Re-setting of property pins and any retracement platting necessary for resetting of pins shall be considered Additional Special Services per the terms of the Agreement. B-1 CGA PN 5623 2.01 Attachment B CGA. ENGINEERS LAND ,- Hourly Rate Schedule Clapsaddle-Garber Associates, Inc. The following hourly rates shall be effective through December 31 , 2021 . Sr. Project Manager $146.00 Sr. Professional Land Surveyor $120.00 Project Manager $126.00 Professional Land Surveyor $105.00 Associate Project Manager $116.00 Sr. Lead Surveyor $101 .00 Sr. Project Engineer $1 1 1 .00 Lead Surveyor $79.00 Project Engineer $106.00 Survey Tech $59.00 Sr. Design Engineer $96.00 Summer Intern $48.00 Design Engineer II $91 .00 Design Engineer 1 $84.00 Survey Crew (One Person) $89.00 Survey Crew (Two Person) $135.00 Sr. Design Tech $84.50 Design Tech $77.00 Sr. CADD Tech $70.00 Construction Project Manager $92.00 CADD Tech $61 .00 Sr. Construction Tech $72.00 Construction Tech $61 .00 GIS Director $118.00 Lab Manager $76.00 Planner, Project Manager $113.00 Aviation Specialist $92.00 Sr. Administrative Assistant $68.00 ROW Agent $85.50 Administrative Assistant $58.00 GIS Technician $73.00 Partner $202.00 Principal $161 .00 Expenses: In addition to the above hourly labor rates, expenses shall be reimbursed in accordance with the following. Vehicle mileage shall be reimbursed at $0.65 per mile for automobiles/light trucks and $1 .00 per mile for survey equipment vehicles. ATV's shall be reimbursed at $55.00 per day. Total Station/GPS survey equipment shall be reimbursed at $25.00 per hour. All other expenses incurred in connection with the services provided shall be reimbursed at the rate of the actual costs incurred. Attachment D Project Exhibit For Waterloo Air and Rail Park 2nd Addition Final Plat Waterloo, Iowa This project provides for the Final Platting of approximately 4 lots for the proposed Waterloo Air and Rail Park 2nd Addition(depicted in red below) at the Waterloo Air and Rail Park in Waterloo, Iowa. W ! f! - i f �$ E LOe _ r `' sort L TRACT-0 r rips vLOT II 1 ' Lox, F'' �g s► r '� ';tiE TRACT-A TFACT-A• sora WATERLOO AIR AND RAIL LOT 3 �y,la f I.sa r PARK 8ND ADDITION rw,cr•0 soTa LOT 2 !l f RATEAL00 AIR AND RAIL F� 11 A /� PARH 1ST ADDITION rf a oud.� i LOTrFtA r �— ...... r•W THACT9 F ESS+9 - - EYiJ. LBYPRSP6 ROAL ' r � SCILYI S F i 4 4 D-1 CGA PN 5623 2.01