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HomeMy WebLinkAboutEarth Tech - Professional Services Agmnt - 5.22.2006 EarthTech 501 Sycamore Street r 319.232.6531 Suite 222 F 319.232.0271 A ZZ/CO International Ltd.Company Waterloo, IA 50703 earthtech.com PROFESSIONAL SERVICES AGREEMENT PROJECT NAME: Conceptual Design and Public Involvement Services Park Avenue Bridge City of Waterloo, Iowa(Project) This Agreement is by and between Client City of Waterloo(Client) 715 Mulberry Waterloo, Iowa 50703 and, Earth Tech 501 Sycamore, Suite 222 P.O. Box 1497 Waterloo, Iowa 50704-1497 Who agree as follows: Client hereby engages Earth Tech to perform the services described in Part I("Services")and Earth Tech agrees to perform the Services for the compensation set forth in Part III. Earth Tech shall be authorized to commence the Services upon execution of this Agreement. Client and Earth Tech agree that this signature page, together with Parts I-IV and attachments referred to therein,constitute the entire Agreement between them relating to the Project ("Agreement"). APPROVED FOR CLIENT APPROV FO EARTH CH By B Name_ Timothy J. HurleyPrinted N me Joe A. Becker TitleMayor Title Vice President Date Yl"\A,fI � 10o G Date March 2 2006 PART I EARTH TECH'S RESPONSIBILITIES A. PROJECT DESCRIPTION The project is described as providing conceptual design alternatives for the Park Avenue Bridge over the Cedar River in downtown Waterloo. In addition,the project will involve public meetings to obtain citizen input for the project. A Citizen and Stakeholder Committee will be formed to obtain additional input and to help disseminate information for the project. A review will also be completed of the parking and truck turning movements on Cedar Street, adjacent to the River Plaza building. In addition, preliminary lane arrangements on Park Avenue will be reviewed to accommodate parking through the corridor. A summary report will be provided at the conclusion of the project outlining alternatives for replacement of the Park Avenue Bridge as well as a recommended alternative and estimated construction costs. B. SCOPE OF SERVICES The work to be performed by the Consultant shall encompass and include detailed work,services,materials, equipment, and supplies necessary to provide the services defined in the following tasks: Task 1 - Preliminary Parking and Traffic Review - Park Avenue and Cedar Street. This task includes reviewing the parking and lane arrangements through the Park Avenue corridor to review the possibility of adding additional street parking through the corridor. This task also includes a review of the Cedar Street parking and truck turning movements in the block between Park Avenue and 4`h Street,adjacent to the River Plaza building and the Waterloo Courier property. a. Cedar Street Parking Review. This task includes the review of existing parking along Cedar Street in addition to a review of the existing truck turning movements into the Waterloo Courier property. The existing entrances and parking lot configurations will be reviewed under this task. b. Park Avenue Lane Arrangement Review. This task includes reviewing the existing lane arrangement through the Park Avenue corridor,from Washington Street to Walnut Street. This task will develop recommended lane arrangements to possibly include additional street parking on Park Avenue. Task 2—Conceptual Design Alternative Analysis. This task includes reviewing various alternative concept designs for the bridge and approach alignments from Washington Street to Walnut Street. The alternatives will consider the existing alignment through the project corridor and review the existing bridge location with two-and four-lane roadway options. The alternatives will include a review of the roadway corridor for the two-lane bridge option as well as additional alternatives developed during the public involvement process. A concrete beam bridge will be reviewed for the Park Avenue Bridge reconstruction. a. Alignment Review and Analysis. This task includes review of various horizontal and vertical alignments through the project corridor. This task also includes a design center line survey from Commercial Street to Sycamore Street. -2- b. Typical Sections and Common Features. This task includes a review of project elements which will be standard for the alternatives, including typical cross sections, recreational trail concepts and bridge architectural enhancements. C. Conceptual Bridge Design. This task will complete the conceptual bridge design, including the conceptual alignment, pier arrangement and potential bridge type. A prestressed concrete beam system similar to the new 18'h Street Bridge will be reviewed. d. Existing Brid e Disposition. This task will review the existing bridge disposition or demolition. Task 3 — Conceptual Project Cost Estimates. This task includes preparation of Preliminary Construction Cost Estimates. The construction costs will be estimated for the alternatives reviewed and the quantities resultant therefrom. The estimate will be subject to change as the design is finalized. Task 4 — Traffic Anal. This task includes review of the existing traffic patterns in the area and review of the traffic forecasts as provided by INRCOG. A recommendation on lane arrangement will be completed for the alternative analysis. In addition, the traffic patterns in the downtown area will be reviewed without the Park Avenue Bridge in-place. Task 5 — Public Participation Meeting. This task includes preparation and participation in two (2) public meetings or workshops to be held. It is anticipated one Public Informational Meeting will be held at the beginning of the project to gain public input and to solicit volunteers for a Citizen and Stakeholder Committee for the project. An additional public meeting would be held near the conclusion of the project to review results of the alternative analyses. Task 6 — Citizen and Stakeholder Committee Meetings. This task includes preparation for and participation in two (2) Citizen and Stakeholder Committee Meetings. Task 7 — Alternative Analysis Report. This task will outline the alternatives reviewed for the Park Avenue Bridge in a written summary report. This task includes recommending a selected alternative in the form of a Final Design Concept. Included in the report will be coordination with elements in the current River Renaissance projects. The report will also review the impacts a proposed bridge would have on the current River Renaissance projects as well as any impacts to the U.S. Army Corps of Engineer's flood control system. It is anticipated fifteen (15) copies of the report will be printed. Task 8 — Project Administration and Meetings. This task includes preparation and attendance at an estimated three (3)project meetings with the Owner. In addition, this task includes intraoffice meetings as well as general day-to-day administrative tasks, intraoffice memoranda, and schedule and budget monitoring. The anticipated schedule of completion for the above Scope of Services is nine months from Notice to Proceed. -3- PART H CLIENT'S RESPONSIBILITIES Client, at its expense, shall do the following in a timely manner so as not to delay the Services. A. INFORMATION/REPORTS Furnish Earth Tech necessary information/reports, all of which Earth Tech may rely upon without independent verification in performing the Services. B. REPRESENTATIVE Designate a representative for the Project who shall have the authority to transmit instructions, receive information, interpret and define Client's policies and make decisions with respect to the Services. C. DECISIONS Provide all criteria and full information as to Client requirements for the Project,obtain(with Earth Tech's assistance, if applicable)necessary approvals and permits,attend Project-related meetings, provide interim reviews on an agreed-upon schedule,make decisions on Project alternatives,and generally participate in the Project to the extent necessary to allow Earth Tech to perform the Services. PART III COMPENSATION,BILLING,AND PAYMENT Client shall pay Earth Tech for the Services in accordance with the following: A. COMPENSATION Compensation for the above Services shall be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. The estimated compensation for the above services shall be Forty Thousand Dollars($40,000.00),which shall not be exceeded without authorization from the Client. B. BILLING AND PAYMENT Earth Tech may bill the Client monthly for services completed at the time of billing,with net payment due in 20 days. Past due invoices will be subject to a service charge at the rate of 1% per month per request by Earth Tech. Unless Client provides Earth Tech with a written statement of any objections to the bill within 15 days of receipt, Client shall be deemed to accept the bill as submitted. L:\work\ADMN\AGREE\PROF\WatParkAveBridgeDes.doc -4- i PART IV STANDARD TERMS AND CONDITIONS 1. STANDARD OF CARE. Services shall be performed in accordance with the and agrees to defend,indemnify,and save Earth Tech harmless from any claim or liability standard ofprofessional practice ordinarily exercised by the applicable profession at the for injury or loss arising from Earth Tech's discovery ofunanticipated hazardous materials time and within the locality where the Services are performed.Professional services are or suspected hazardous materials. not subject to,and Earth Tech can not provide,any warranty or guarantee,express or implied,including warranties or guarantees contained in any uniform commercial code. 11. INDEMNITY.Earth Tech agrees to defend,indemnify and save harmless the Any such warranties or guarantees contained in any purchase orders,requisitions or Client,its agents,employees its agencies,a ,a to and assi notices to proceed issued by Client are specifically objected to. dghees from all claims and liabilities due to design error,omission or negligent act of Earth Tech,is members,agents,stockholders 2. CHANGE OF SCOPE. The scope of Services set forth in this Agreement is based or employees in connection with performance of this Agreement. on facts known at the time of execution of this Agreement,including,if applicable, 12.ACCESS.Client shall provide Earth Tech safe access to an information supplied by Client. For some projects involving conceptual or process Earth Tech to provide the Services. y premises necessary for development services,scope may not be fully definable during initial phases. As the Project progresses,facts discovered may indicate that scope must be redefined. 13. REUSE OF PROJECT DELIVERABLES. Reuse of any documents or other deliverables, including electronic media,pertaining to the Project by Client for any 3. SAFETY. Earth Tech has established and maintains corporate programs and purpose other than that for which such documents or deliverables were originally procedures for the safety of its employees. Unless specifically included as a service to be prepared,or alteration of such documents or deliverables without written verification or provided under this Agreement, Earth Tech specifically disclaims any authority or adaptation by Earth Tech for the specific purpose intended,shall be at the Client's risk. responstbility,for general job site safety and safety of persons other than Earth Tech Further,all title blocks and the engineer's seal,if applicable,shall be removed if and employees. when Client provides deliverables in electronic media to another entity. Client agrees 4. DELAYS. If events beyond the control of Client or Earth Tech,including, not that relevant analyses,findings and reports provided in electronic media shall also be 8 provided in"hard copy"and that the hard copy shall govern in the case of a discrepancy limited to,fire,flood,explosion,riot,strike,war,process shutdown,act of God or the between the two versions,and shall be held as the official set ofdrawings,as signed and public enemy,and act or regulation of any government agency,result in delay to any sealed. Client shall be afforded a period of 30 days in which to check the hard copy schedule established in this Agreement,such schedule shall be amended to the extent against the electronic media. In the event that any error or inconsistency is found as a necessary to compensate for such delay. In the event such delay exceeds 60 days,Earth result of this process, Earth Tech shall be advised and the inconsistency shall be Tech shall be entitled to an equitable adjustment in compensation. corrected at no additional cost to Client. Following the expiration of this 30-day period, Client shall bear all responsibility for the care,custody and control of the electronic 5.TERMINATIONISUSPENSION. Either party may terminate this Agreement upon media.In addition,Client resents that it shall retain the necessary to read 30 days written notice to the other party. Client shall pay Earth Tech for all Services, the electronic media,which Client acknowledges to be of only duratimechaon. Client including profit relating thereto,rendered prior to termination,plus any expenses of agrees to defend,indemnify,and hold harmless Earth Tech from all claims,damages,gets,and expenses,(including reasonable litigation costs),arising out of such reuse or alteration by In the event either party defaults in its obligations under this Agreement(including Client or others acting through Client. Client's obligation to make the payments required hereunder),the non-defaulting party 14. AMENDMENT. This Agreement,gr t,upon execution by both parties hereto,can be may,after 7 days written notice stating its intention to suspend performance under the amended only by a written instrument signed by both parties. Agreement if cure of such default is not commenced and diligently continued,and failure of the defaulting party to continence cure within such time limit and diligently continue, 15. ASSIGNMENT. Except for assignments(a)to entities which control,or are suspend performance under this Agreement. controlled by,the parties hereto or(b)resulting from operation of law,the rights and 6. OPINIONS OF CONSTRUCTION COST. Any opinion of construction costs obligations of this Agreement cannot be assigned by either party without written prepared by Earth Tech is supplied for the general only. of the other party. This Agreement shall be binding upon and inure to the uPP g guidance of the Client onl . Since benefit of any permitted assigns. Earth Tech has no control over competitive bidding or market conditions,Earth Tech cannot guarantee the accuracy of such opinions as compared to contract bids or actual 16. STATUTES OF LIMITATION. To the fullest extent permitted by law,parties costs to Client. agree that,except for claims for inderrmification,the time period for bringing claims 7. RELATIONSHIP WITH CONTRACTORS. Earth Tech shall serve as Client's ander this Agreement shall expire one year after Project completion. professional representative for the Services,and may make recommendations to Client 17. DISPUTE RESOLUTION. Parties shall attempt to settle disputes arising under concerning actions relating to Client's contractors,but Earth Tech specifically disclaims this agreement by discussion between the parries senior representatives ofmanagement. any authority to direct or supervise the means, methods, techniques, sequences or If any dispute can not be resolved in this manner,within a reasonable length of time, procedures of construction selected by Client's contractors. parties agree to attempt non-binding mediation or any other method ofaltemative dispute resolution S. CONSTRUCTION REVIEW. For projects involving construction, Client enforce thisA reemto engthe revailiany legal n�eedings. In the event any actions are brought is t prevailing party shall be entitled to collect is litigation costs acknowledges that tinder generally accepted professional practice,interpretations of from the other party. construction documents in the field are normally required,and that performance of construction-related services by the design professional for the project permits errors or 18. NO WAIVER. No waiver by either party of any default by the other parry in the omissions to be identified and corrected at comparatively low cost Client agrees to hold performance ofany particular section of this Agreement shall invalidate any other section Earth Tech harmless from any claims resulting from performance of construction-related ofthis Agreement or operate as a waiver of any future default,whether like or different in services by persons other than Earth Tech. character. 9. INSURANCE. Earth Tech will maintain insurance coverage for Professional, 19.NO THIRD-PARTY BENEFICIARY. Nothing contained in this Agreement,nor Comprehensive General,Automobile,Worker's Compensation,and Employers Liability the performance of the parries hereunder,is intended to benefit,nor shall inure to the in amounts in accordance with legal,and Earth Tech's business requirements.Certificates benefit of,any third party,including Client's contractors,if any. evidencing such coverage will be provided to Client upon request.Forprojects involving construction,Client agrees to require its construction contractor,ifany,to include Earth 20. SEVERABILITY. The various terms,provisions and covenants herein contained Tech as an additional insured on its policies relating to the Project. Earth Tech's shall be deemed to be separate and severable,and the invalidity or unenforceability of coverages referenced above shall,in such case,be excess over contractor's primary any of them shall not affect or impair the validity or enforceability of the remainder. coverage. 21. AUTHORITY. The persons signing this Agreement warrant that they have the 10. HAZARDOUS MATERIAL.Hazardous materials may exist at a site where there authority to sign as,or on behalf ,of the party for whom they are signing. is no reason to believe they could or should be present. Earth Tech and Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition L:\WORK\ADMIN\AGREE\SAVE\WaterlooTC.doc mandating a renegotiation of the scope of work. Earth Tech agrees to notify Client as July 2001 soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. Client acknowledges and agrees that it retains title to all hazardous material existing on the site and shall report to the appropriate federal, state or local public agencies,as required,any conditions at the site that may present a potential danger to the public health,safety or the environment. Client shall execute any manifests or fonts in connection with transportation,storage and disposal of hazardous materials resulting from the site or work on the site or shall authorize Earth Tech to execute such documents as Client's agent. Client waives any claim against Earth Tech